Zoomvy - Terms of Service
Thank you for interest in Zoomvy.
1. Your AcceptanceWelcome to the Terms of Service for the Zoomvy application and the Zoomvy.com website. This is an agreement (“Agreement”) between Webezo (“Zoomvy"), the owner and operator of www.zoomvy.com (“Site”), any Zoomvy products or services including but not limited to our mobile application, tablet application, and desktop application ( collectively the “Platform”) and you (“you”, “your” or “user(s)”), a user of the Site and Platform. Throughout this Agreement, the words “Zoomvy,” “us,” “we,” and “our,” refer to our company, Webezo and our Site or Platform, as is appropriate in the context of the use of the words.
2. Description of Site and Platform
Zoomvy is a social shopping application that allows users to shop and interact through our Site and Platform. Zoomvy allows users to communicate with other users and offers the ability to socially shop with their friends via their mobile devices and computers. Through our Platform users will also be able to receive price notifications and pricing targets for any of their shopping wish lists.
3. Your Location Information
In order to provide you with localized shopping results through our Platform we may use your mobile device’s GPS and location information. This information allows us to deliver the most up to date and relevant shopping results. Therefore, by using the Platform agree to provide us with your location information. Please be aware that your location information will be shared with your friends and other users of Zoomvy so that you may socially shop and interact through the Platform.
4. Signing Up for the Zoomvy Service
5. Modification of Platform
We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
6. Use of Zoomvy
When using our Platform, you are responsible for your use of Zoomvy, and for any use of Zoomvy made using your account. You agree not to access, copy, or otherwise use Zoomvy, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Zoomvy. You agree to abide by the following:
· You will not copy, distribute or disclose any part of the Site or the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
· You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Platform;
· You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
· You will not use automated bots or other software to send more messages through our Platform than humanly possible;
· You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
· You will not collect or harvest any personally identifiable information, including account names, from the Platform;
· You agree not to libel, defame, stalk, harass, bully or harm another individual who uses our Site or Platform;
· You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
· You agree that you will not hold Zoomvy responsible for your use of our Site;
· You agree not to violate any requirements, procedures, policies or regulations of networks connected to Zoomvy;
- You agree not to interfere with or disrupt the Site or Platform;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate content;
- You agree to not violate any law or regulation and you solely are responsible for such violations;
· You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
· You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; or
· You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Zoomvy reserves the right to suspend or terminate any account at any time without notice or explanation.
7. Our License Grant to You
After registering for our Site or mobile application, we grant you a personal, non-exclusive, revocable, limited license to use our Platform and access our Site. As a user, you do not receive any ownership interest in any portion of our Site or the Platform; you merely receive the aforementioned license listed above. All rights not explicitly granted are reserved for Zoomvy. If you wish to terminate this license please notify us immediately or simply delete the application from your phone or mobile device.
Please be aware that you are responsible for your use of our Platform. Additionally, you agree to abide by the following licensing restrictions listed below:
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it.
- You may not share your license with any other parties.
- You may not violate or infringe other people's intellectual property, privacy, or other rights while using our Site or Platform.
- You may not violate any laws, rules or procedures of the United States.
- You may not attempt to transmit any malicious or unsolicited code through our Site or Platform.
- You may not violate any of our additional policies.
- You may not use our Site or Platform except through specific channels provided by us.
- You may not use the Site or Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
- You may not attempt to interfere with or disrupt our Software in any way.
- You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Site
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Platform at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm us or any of our users. Failure by us to revoke your license does not act as a waiver of your conduct.
8. Your Content
Your ability to submit or transmit any information through the Site and Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Site or Platform will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified or removed at our discretion.
When submitting any User Content to our Site and Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any Content to us, you grant Zoomvy, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Platform.
9. Data Rates
You will be able to access your Platform through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone Platform. Please be sure to check your data plan to understand any relevant costs incurred by your use of our Platform. We cannot be responsible for any fees charged by your data or cellphone carrier.
10. Site and Platform Availability
Although we will try to provide continuous Site and Platform availability to you, we do not guarantee that the Site or the Platform will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Platform may do so. We reserve the right to terminate access for anyone. We cannot guarantee that anything found on our Site or Platform will work as stated, or that it will give you the desired results.
11. Platform Disclaimer
Please be aware that our Platform and any information found within it are offered “as-is.” Zoomvy may display pricing for items you are interested in; however such pricing is not dictated by Zoomby but the retailers who offer such goods. Therefore, we cannot guarantee pricing for any products found on the Zoomvy Site or Platform. Zoomvy does not endorse and may not verify any of its users or any User Content submitted by users found through the Zoomvy Site or Platform. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Platform or Site will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Site and Platform. By using the Site or Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Zoomvy with respect to such actions or omissions.
12. Intellectual Property
The design of the Zoomvy Platform along with Zoomvy created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, Platform marks and logos contained therein ("Marks"), are owned by or licensed to Zoomvy, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Zoomvy reserves all rights not expressly granted in and to the Platform and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Platform unless we have given express written permission.
13. Representations and Warranties
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ZOOMVY, INC., NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY USER CONTENT; (C) OUR CONTENT AND CONTENT FOUND ON OUR PLATFORM; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ZOOMVY OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
ZOOMVY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. ZOOMVY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. ZOOMVY DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND ZOOMVY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. ZOOMVY DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH ZOOMVY.
14. Limitation of Liability
IN NO EVENT SHALL ZOOMVY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR PLATFORM, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND PLATFORM, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR PLATFORM FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. ZOOMVY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR PLATFORM IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. WHERE ALLOWED, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 USD.
You agree to defend, indemnify and hold harmless Zoomvy, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
· your use of and access to the Zoomvy Site and Platform;
· your violation of any term of these Terms of Platform;
· your violation of any third party right, including without limitation any copyright, property, or privacy right; or
· any claim that you have improperly used a third parties’ information.
This defense and indemnification obligation will survive this Agreement and your use of the Zoomvy Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
· The name of the party whose copyright has been infringed, if different from your name.
· The name and description of the work that is being infringed.
· The location on our website of the infringing copy.
· A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
· A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Zoomvy, email@example.com
17. Age Compliance
Zoomvy and its Platform may only be used by persons 13 years and older. If you are under 13 please stop using our Site and Platform and please do not submit any information to us.
18. Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.
19. Forum Selection
Any dispute relating in any way to your visit to the Site or our Platform shall be submitted to confidential arbitration in Sunnyvale, CA, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Tennessee. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or nearest to Sunnyvale, CA. The prevailing party in any such action shall be entitled to their reasonable attorneys’ fees and costs.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Zoomvy are deemed to conflict with each other’s operation, Zoomvy shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Termination of Your Access
If we determine that any of your actions may harm Zoomvy, we may terminate or suspend your account, or our Platform without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate Platform, you must cease using our Site or Platform. If you wish to terminate your use of our Site or Platform, simply uninstall the mobile application or discontinue use of the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Platform and may terminate our Site and Platform at any time and for any reason.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Platform.
26. Electronic Communications
The communications between you and Zoomvy use electronic means, whether you visit the Site or Platform or send Zoomvy e-mails, or whether Zoomvy posts notices on the Site or Platform or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Zoomvy in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Zoomvy provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
27. Export Controls
The Platform and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
28. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Zoomvy must be sent to our agent for notice to: firstname.lastname@example.org
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: December 10, 2014