Zeebo, Inc.
Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on January 7, 2010.
This Terms of Use Agreement (the “Agreement”) sets forth the standards of use of the Zeebo, Inc. Online Service (the “Service”). By using the ZeeboInc.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at ZeeboInc.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service. Zeebo, Inc. is providing Member with access to ZeeboInc.com. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties. The site is provided by Zeebo, Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Zeebo, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Zeebo, Inc. shall have no liability for any interruptions in the use of this website. Zeebo, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability. Zeebo, Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ZEEBO, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT OR DOWNLOADED FROM IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ZEEBO, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification. Member agrees to indemnify and hold Zeebo, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Registration. In order to use certain features of the website, you must register with Zeebo, Inc. All registration information provided by Member must be complete and accurate. If any registration information changes at a later date, it is your responsibility to update such information with Zeebo, Inc. You must maintain the security of your ID and password for the website and you will be responsible for all activities under such ID and password.
6. Limited License. Subject to this Agreement, Zeebo, Inc. grants Member a personal, revocable, limited use, non-exclusive, non-transferable, non-sublicensable license to access and use the website during the Term (as defined below).
7. License Limitations. You are not permitted to download, copy or otherwise use the website, or any content available on the website, in whole or part, except as expressly permitted within the website. You are not permitted to distribute, assign, transfer or sublicense any right to use the website, either in whole or part, to any third party. You may not use any such automated means to manipulate the website or attempt to exceed the limited authorization and access granted to you under this Agreement. You may not resell use of, or access to, the website to any third party.
8. Forums. Zeebo, Inc. may make forums available within the website to help developers request and provide development help and share tips. Your use of the forums, if any, will be governed by the Zeebo, Inc. Developer Community Forum Rules available for review within the forums. Those rules are incorporated into this Agreement by this reference.
9. Consent to Monitoring and Disclosure. Should you provide Zeebo, Inc. or its contractors or agents with information, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information will be deemed to be non-confidential, and Zeebo, Inc. assumes no obligation to protect such information from disclosure. Zeebo, Inc. will be free to reproduce, use, disclose and distribute such information to others without restriction, attribution or compensation of any kind, and you acknowledge that Zeebo, Inc. has absolutely no liability for alleged infringement or misappropriation in connection with such information. The submission of such information to Zeebo, Inc. will in no way prevent, or require, the purchase, manufacture or use of any products, services, plans or ideas by Zeebo, Inc. for any purpose whatever.
10. Application Development and Agreement. Portions of this website are maintained by Zeebo, Inc. for use by developers interested in obtaining information about, or the development of, software applications for possible use in connection with the Zeebo platform (“Applications”). Any agreement between you and Zeebo, Inc. regarding the Application(s) will be subject to additional agreements you sign with Zeebo, Inc. as applicable. No commitments, obligations, terms or restrictions are imposed upon either party with respect to the Application(s) by virtue of this Agreement. This Agreement relates solely to your access to, and use of, the website.
11. Modifications and Interruption to Service. Zeebo, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. Zeebo, Inc. shall not be liable to Member or any third party should Zeebo, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Zeebo, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
12. International Use. Zeebo, Inc. does not represent that all content accessible via the website is appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. If you access or use such content from such locations, You are acting on your own initiative, and Zeebo, Inc. is not responsible for your compliance with local laws or other applicable legal or regulatory restrictions. You agree that you will not access or use the website where prohibited by applicable law, rule or regulation.
13. Third-Party Sites. Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-party sites.
14. Disclaimer Regarding Accuracy of Vendor Information. Product specifications and other information have either been provided by the Vendors (the “Vendor” or “Vendors”) or collected from publicly available sources. While Zeebo, Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Zeebo, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
15. Governing Jurisdiction of the Courts of California. Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.
16. Publicity. Nothing contained in this Agreement will be construed as granting to you any right to use or refer to in advertising, publicity, promotion, marketing or other activities, any name, trade name, trade or service mark or any other designation of Zeebo, Inc., including any contraction, abbreviation or simulation of any kind of the foregoing, unless specifically authorized in writing, and in advance, by Zeebo, Inc.
17. Compliance with Laws. Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
18. Copyright and Trademark Information. All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010 ZeeboInc.com, with all rights reserved, or is the property of Zeebo, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Zeebo, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Zeebo, Inc.Zeebo, Inc.™ and ZeeboInc.com™ are proprietary marks of ZeeboInc.com. Zeebo, Inc.’s trademarks may not be used in connection with any product or service that is not provided by Zeebo, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zeebo, Inc. All other trademarks displayed on Zeebo, Inc.’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Zeebo, Inc.
19. Notification of Claimed Copyright Infringement. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ZeeboInc.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.By mail: 5405 Morehouse Drive, Suite 300, San Diego, CA 92121 USA. By telephone: 858-554-1380.
20. Botnets. Zeebo, Inc. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Zeebo, Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
21. Agreement in English. The parties hereto confirm that they have requested that this Agreement and all attachments and related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
22. Term. The period during which you are entitled to use the website (the “Term”) begins on the date upon which you agree to this Agreement. Zeebo, Inc. reserves the right, in its sole discretion and in addition to any other remedies available to it by law, rule and regulation, to terminate this Agreement at any time, without notice, if you breach any of the terms and conditions hereof or to suspend your access to the website at any time, without notice, if you breach any of the terms and conditions hereof. Additionally, either you or Zeebo, Inc. may terminate this Agreement at any time without cause, but termination of this Agreement will not relieve you of the obligations under this Agreement that you assumed by using the website.
23. Other Terms. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Zeebo, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement if applicable. Subject to all of the other provisions set forth in this Agreement, the relevant provisions of said Privacy Policy Statement are incorporated into this Agreement by this reference.