ZoomYear Terms of Service
General Terms of Use
Welcome to the zoomyear.com website ("Site" or "Service") ("we" or "us"). By accessing or using this Site, you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or"Agreement"), whether or not you are a registered member of the Service. We reserve the right, at any time, to add to, change, update, or modify these Terms of Use, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. It is your responsibility to review these Terms of Use from time to time to ensure that you continue to agree with all of its terms.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under eighteen (18) who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
Registration Data
If you create or add to a ZoomYear profile, you agree to (a) provide accurate, and current information when submitting people and company data and media files to the service; (b) maintain the security of your password and identification if you have one; (c) be fully responsible for all use of your account and for any actions that take place using your account.
Any contributions to ZoomYear are subject to the terms set out in the Licensing Policy.
User Content
ZoomYear is a directory service that benefits from anonymous users, registered users and staff submitting people and company data and media files. This information may be inaccurate or out-of-date and users may make mistakes when submitting the information. ZoomYear assumes no responsibility regarding the accuracy of the information that is provided by ZoomYear and use of such information is at your own risk.
ZoomYear shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content within the ZoomYear Content originating with or otherwise provided by third parties.
Data and media files are continually amended and updated in the Service by multiple contributors to keep the service up-to-date. ZoomYear has no responsibility or liability for the deletion or failure to store or display any content that is contributed to the Content, Site, or Service.
The ZoomYear Content offered via the ZoomYear API may be changed, updated, or deleted without notice for any reason at ZoomYear’s sole discretion. Republishing
You may copy, modify and redistribute Content in accordance with the guidelines posted on the Site or Service provided that you comply with the licenses that are presented with such Content. See our Licensing Policy for more information.
API Use
We provide access to portions of the Site and Service through an API thereby enabling people to build applications on top of the ZoomYear platform. For purposes of this Terms of Service, any use of the API constitutes use of the Site and Service. You agree only to use the API as outlined in the documentation provided by us on the Site.
On any Web page or Application where you display ZoomYear company or people results, each page must include a hypertext link to the appropriate company or person profile Web page on ZoomYear.com. Additional ZoomYear Branding Requirements can be found on the following Web page: http://www.ZoomYear.com/help/api. ZoomYear may grant exceptions on a case-by-case basis. Contact us at licensing@techcrunch.com for special branding requests, which must be approved in advance in writing. ZoomYear will utilize commercially reasonable efforts to provide the ZoomYear API on a 24/7 basis but it shall not be responsible for any disruption, regardless of length. Furthermore, ZoomYear shall not be liable for losses or damages you may incur due to any errors or omissions in any ZoomYear Content, or due to your inability to access data due to disruption of the ZoomYear API.
ZoomYear reserves the right to continually review and evaluate all uses of the API, including those that appear more competitive than complementary in nature. ZoomYear provides a specific licensing contract for services that charge for the use of their data. Contact info@zoomyear.com
ZoomYear reserves the right in its sole discretion (for any reason or for no reason) and at anytime without notice to You to change, suspend or discontinue the ZoomYear API and/or suspend or terminate your rights under these General Terms of Service to access, use and/or display the ZoomYear API, Brand Features and any ZoomYear content.
User Conduct
You represent, warrant and agree that no materials of any kind submitted through a ZoomYear entry or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to:
harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information such as Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another’s account, service or system without authorization from ZoomYear, or create a false identity on the Site.
upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose ZoomYear or its users to any harm or liability of any type.
post anything that exploits children or minors or that depicts cruelty to animals.
Copyright Infringement
ZoomYear has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. We have adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of ZoomYear or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want ZoomYear to delete, edit, or disable the material in question, you must provide ZoomYear with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to ZoomYear at:
P.O. Box 252713
West Bloomfield, MI 48325-1713
Fax 248-592-1364
info@zoomyear.com
Links to Third Party Sites
The Site contains (or you may be sent through the Site) links to other web sites (’Third Party Sites’) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the ’Third Party Site Content’). We do not control or monitor such Third Party Sites or Third Party Site Content, and we are not responsible for any Third Party Sites or Third Party Site Content accessed through the Site. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Site Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern.
Proprietary Rights
ZoomYear, its licensors, and its content providers (including users who contribute to the site) own all right, title and interest in and to the Content created on this Site and Service. This Site and Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in the Terms of Service, you may not reproduce, modify or prepare derivative works based on, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use this Site or the Service, or any portion thereof.
Relationship of the parties
You and ZoomYear are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
Termination
ZoomYear may terminate your membership, delete your ZoomYear entry and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice.
Privacy Policy
Company respects your privacy. A complete statement of Company’s current privacy policy can be found at: http://www.ZoomYear.com/help/privacy-policy. ZoomYear’s privacy policy is expressly incorporated into this Agreement by this reference.
Disclaimer
ZOOMYEAR HEREBY DISCLAIMS ALL WARRANTIES. ZOOMYEAR IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZOOMYEAR DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation on Liability
ZOOMYEAR’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZOOMYEAR OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY ZOOMYEAR. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Indemnity
You agree to indemnify, defend, and hold harmless ZoomYear, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Governing Law
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of MIchigan, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Oakland County, Michigan, USA in all disputes arising out of or related to the use of the Site.
Severability; Waiver If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Change of Control
In the event of a change of control of ZoomYear or the sale of substantially all of ZoomYear’s assets, all rights of ZoomYear hereunder shall be transferable without notice to you.
Entire Agreement
These Terms of Use constitute the entire agreement between you and ZoomYear regarding the use of the Site, superseding any prior agreements between you and ZoomYear relating to your use of the Site.
Contact us by email:
info@zoomyear.com
Trademarks
The ZoomYear mark and other ZoomYear graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries.
Copyright.
Except for User Content or Third Party Site Content, all contents of the Site are: Copyright © 2011 All rights reserved.