Terms of Service

 

These terms of service (the “Terms”) govern your use of this product and associated services (collectively, the “Services”) offered by the Company identified below (“Company” or “We”).  If you do not agree to all of these terms, please do not use the Services.  BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO THESE TERMS.

1.Using our Services

You may use the Services only for your personal, non-commercial use.   You may not use the Services for any revenue generating endeavor, commercial enterprise, or any other purpose (legal or illegal).

Systematic retrieval of data or contents from the Services to compile a database or directory is prohibited.  You may not access or scrape or utilize the Services by any automated means  or take any action that imposes or may impose an unreasonable or disproportionately large load or excessive traffic demands on the Services.

Don’t misuse our Services such as using or launching any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” that accesses the Services in a manner that sends more search requests in a given period of time.

You may not copy, reproduce or distribute any aspect of our Services, including without limitation, its content, logos, design, and arrangement, except as permitted by the Services (such as the share function to share Third Party Content).  You may not reverse engineer or create derivative works of any portion of the Services.

Do not attempt to gain unauthorized access to our computer systems or networks associated with the Services or use the Services to transmit any computer virus, worms, or other items of a destructive nature. Do not bypass any technical protections or throttling that we institute.

Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Take Down Policy. We do not permit infringing activities or infringement of intellectual property rights via the Services and will remove content when properly notified of any infringement of another’s intellectual property rights.  If you find that our Services contain any alleged infringement or misappropriation of your intellectual property rights (“Protectable Work”), please follow these instructions and send us written notice that states all of the following:

a.     Identify the Protectable Work you believe is being infringed.  Include any applicable copyright/trademark registration numbers.

b.     Provide sufficient information to identify the work you believe is infringing upon the Protectable Work and include a description of where it is located on our Services.

c.     Your name, address, phone number and email address.

d.     State whether you are the owner of the Protectable Work or state the specific basis for your authority to act on behalf of the owner of the Protectable Work.

e.     Please include the following statement: “The information in this notice is accurate and under penalty of perjury, I am is authorized to act on behalf of the owner and I have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.”

f.       Include a physical or electronic signature with your notice, and send to the mail or email address at the end of these Terms. Please include in the subject line of your notice: Attn: Infringement Agent.

Third Party Content. The Services contain and will direct you mostly to content created and supplied by third parties providers (“Third Party Content”).  While we do not accept any obligation to monitor, screen, review, flag, moderate or remove any Third Party Content, we reserve the right to do so as necessary. We also reserve the right to remove any Third Party Content temporarily or permanently for any reason, including where we believe that any such content breaches these terms, violates our policies, breaches the intellectual property rights or any other rights of any third party, breaches any applicable law, is pornographic, obscene or otherwise inappropriate, contains any virus, malware, other harmful software, or may have an adverse impact on the Services. Use of any Third Party Content and third party trademarks on or in connection with the Services does not constitute affiliation with or endorsement. Nothing in the Terms grants you any license to Third Party Content or third party trademarks, which remain the property of their respective owners

Company Rights. Company retains all right, title and interest in the Services, including all technology and processes, enhancements and modifications thereto, trademarks, service marks, design, text, video, graphics, logos, images and icons, as well as the arrangement thereof, other than and excluding all Third Party Content and third party marks, which remain the property of their respective owners. Without limiting the foregoing, except as otherwise required or limited by law, any reproduction, distribution, modification, retransmission, or publication of any materials is strictly prohibited. You may use the Services only as expressly authorized herein and only as permitted by law.

Privacy. Use of the Services is also subject to our Privacy Policy.

Changes. We are constantly developing the Services.  This means that we may change or discontinue any aspect or functionality of the Services at any time without notice or liability to you.   We may change all or part of the Terms at any time and we will post the revised terms. YOUR CONTINUED USE OF THE SERVICES WILL CONSTITUTE ACCEPTANCE OF THE UPDATED TERMS.

 

Disclaimers and Limits on Liability

WE PROVIDE THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AND COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.

IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF WHETHER A PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY SERVICES OR FEATURE OF THE SERVICES RELEVANT TO THE CLAIM, OR (2) US$100.00.

You agree to and shall indemnify, defend, and hold harmless Company, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by Covered Entities arising out of or relating to your use of the Services and any failure to comply with this Agreement. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of such claim.

 

General

We do not want to receive information that is confidential or proprietary.  If you send us suggestions, content or ideas of any kind, including potential improvements to the Services, we may use such suggestions, content and/or ideas for all purposes, with no compensation or attribution to you.

You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.

These Terms are governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Services shall be the courts of Los Angeles County, California, except for any optional arbitration as described herein.  Any claims (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any representative, class action or other similar proceeding. If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement.  The Agreement is the entire agreement between you and Company and it replaces any other agreement between us on this subject.  This Agreement will not be construed against either party as the drafter.

 

You can also contact us at info@zowdow.com