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Terms of Use
ZoooS LLC., a Nevada corporation (“ZoooS,” “we,” “us,” “our”) provides this website and all website-related services (collectively, the “Website”) subject to your compliance with the terms and conditions set forth in these Terms of Use. These Terms of Use govern the relationship between ZoooS and you, the Website visitor and/or member (“you,” “your”) with respect to your use of the Website. It is important that you read carefully and understand the terms and conditions of these Terms of Use. BY USING AND/OR VISITING THE WEBSITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF ZoooS'S PRIVACY POLICY, WHICH ARE PUBLISHED AT ZOOOS.COM, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, please do not use the Website. We reserve the right at any time to:
- Change the terms and conditions of these Terms of Use;
- Change the Website, including eliminating or discontinuing
- any content on or feature of the Website; or Change any fees or charges for use of the Website.
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Website. Your continued use of the Website following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use.
1. Materials. The information and materials provided through the Website, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the “Materials”), and all intellectual property rights therein, are the sole property of ZoooS and its licensors and suppliers. Unless otherwise specified on the Website, you may use the Materials displayed on the Website, solely for your internal purposes. You may print a single copy of any textual Material available for downloading on the Website, and may execute a single copy of any software available for downloading on the Website (“Software”). You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of these Terms of Use. Use or downloading of the Software and other Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Software or other Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by these Terms of Use and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of ZoooS or, if so indicated in writing by ZoooS, its licensors or suppliers.
2. Website Access. ZoooS hereby grants you permission to use the Website, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy all or any part of the Website in any medium without ZoooS's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. ZoooS cannot and does not guarantee that technical difficulties will not occur during your use of the ZoooS’s web-based applications.
3. Copyright. The Materials and Software are owned by or licensed to ZoooS and are subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. ZoooS reserves all rights not expressly granted in and to the Website, the Materials or Software. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Materials or Software. If you download or print a copy of the Materials or Software for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Materials or Software in any way for any purpose.
4. Code of Conduct. While using the Website, Materials and/or Software, you agree not to:
- Restrict or inhibit any other visitor or member from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
- Use the Website, Materials or Software for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit or upload any material that (a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary or Intellectual Property rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (b) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or could give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (c) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; (d) is non-public information about companies without the authorization to do so; or (e) is an advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or Software;
- Remove any copyright, trademark or other proprietary rights notices contained in the Website, Materials, Materials or Software;
- “Frame” or “mirror”
- any part of the Website without our prior written authorization; Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; or While using the Website, Materials and/or Software, you agree to comply with all applicable laws, rules and regulations.
5. Links. The Website contains links to other Internet websites which may or may not be owned or operated by ZoooS. ZoooS has not reviewed all of the websites that are linked to the Website, and ZoooS has no control over such websites. Unless otherwise explicitly stated, ZoooS is not responsible for the content of such websites, any updates or changes to such websites, or the privacy or other practices of such websites, and the fact that ZoooS offers such links does not indicate any approval or endorsement of any material contained on any linked website. ZoooS is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked website. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Website or other websites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
6. Ownership and Restrictions on Use. The Website is owned and operated by ZoooS in conjunction with others pursuant to contractual arrangements. The Materials and Software, and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Website in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Website, as provided in these Terms of Use or as expressly authorized in writing by ZoooS or, if so indicated in writing by ZoooS, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or the Materials.
If you download Software from the Website, such Software is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.
The trademarks, logos, and service marks displayed on the Website, in the Materials or Software (collectively the “Trademarks”) are the registered and unregistered trademarks of ZoooS, ZoooS’s licensors and suppliers, and others and are protected by the Trademark Laws of the United States and other jurisdictions. The Trademarks owned by ZoooS, whether registered or unregistered, may not be used in connection with any product or service that is not ZoooS’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages ZoooS. The Materials and Software are provided to you AS IS for your information and personal use only. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Trademark for any other purposes whatsoever without the express written permission of ZoooS, ZoooS’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and ZoooS will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
7. Jurisdictional Issues. The Website is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has 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 any Software, 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.
We reserve the right to limit the availability of the Website and/or the provision of any service, program, or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
8. Disclaimers. THE WEBSITE, THE MATERIALS ON THE WEBSITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE AND THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZOOOS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. ZOOOS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF ZOOOS OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Website could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Website. Although we attempt to ensure the integrity of the Website, we make no guarantees as to the Website’s completeness or correctness. In the event that a situation arises in which the Website’s completeness or correctness is in question, please contact us at with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
9. Limitation of Liability. NEITHER ZOOOS NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR MATERIALS CONTAINED ON THE WEBSITE, THE SOFTWARE, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, MATERIALS, SOFTWARE OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, MATERIALS, SOFTWARE OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ZOOOS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. Indemnification. You agree to indemnify, defend and hold ZoooS, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use, including any violation of the Code of Conduct, above; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Website.
11. Questions. If you have any questions, comments or complaints regarding these Terms of Use or the Website, feel free to contact us at 502 East John Street, Carson City, Nevada inf...@zooos.com.
12. Advertisment: As consideration for using the ZoooS Webservice, you agree and understand that we will display ads and other information adjacent to and related to the content of your documents.
13. Notice for California Users. Under California Civil Code Section 1789.3, California Website users are 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
14. Miscellaneous. These Terms of Use are governed by and construed in accordance with the laws of the State of Nevada, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Carson City, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicenseable by you except with ZoooS’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
ZoooS reserves the right to amend the terms and conditions of these Terms of Use at any time and shall notify you by posting an updated Terms of Use on www.zooos.com and/or by sending you an email message. Continued use of the Website Storage after notice is given of such changes shall constitute your consent to such changes.
Copyright © 2007 ZoooS LLC. All rights reserved.
