Terms of Use

Last Revised and Effective as of: May 5, 2017

Thanks for checking out https://www.userzoom.com! The terms of use below (these “Terms of Use”) govern your use of http://www.userzoom.com and all content contained therein (collectively, our “Website”). By using our Website, you acknowledge that you have read, understand and agree to these Terms of Use. If you are looking to use our UserZoom Software-as-a-Service platform, you must enter into a separate service and subscription agreement with us for your access and use of the platform. For purposes of these Terms of Use, “we”, “us”, and “our” refer collectively to User Zoom, Inc. and its affiliates, and “you” and “your” refer to you, the individual who uses our Website.

  1. Privacy Policy

The privacy policy for our Website is located at https://www.userzoom.com/privacy-policy/website-visitors/ (“Privacy Policy”), which governs the use of information collected from or provided by you through our Website. With respect to any individual whose personal information you provide to us, you represent to us that you have obtained all necessary consents for the processing of such personal information (including the transfer of such data to the United States or other countries whose laws may not afford the same level of protection for the personal data as the laws of the country of origin of such individual).

  1. Ownership and Rights

Any and all intellectual property rights (“IP”) associated with our Website (including without limitation, any and all images, photographs, designs, icons, illustrations, audio and video clips, software, code and written and other content and materials that are part of our Website) are our and our licensors’ (who may be third parties) sole property. Our Website (and all IP therein) is protected by intellectual property (e.g., copyright) and other laws in both the United States and other countries. All custom graphics, icons, and other items that appear on our Website are our and our licensors’ trademarks, service marks or trade dress (collectively, "Marks"). Except as expressly provided in these Terms of Use, we do not grant to you any express or implied rights to our or any third party's IP, and we and our licensors retain all rights in and to all IP associated with our Website. Subject to your compliance with these Terms of Use at all times, you may only download and view our Website solely for the purpose of your own personal, non-commercial viewing.

  1. Restrictions on Use

In addition to other restrictions set forth in these Terms of Use, you hereby agree to not: (i) “frame”, copy, distribute, republish, modify, lease, loan, resell or use our Website without our prior written consent to do so in each instance, other than as and to the extent expressly permitted by these Terms of Use; (ii) use our Website other than in compliance with this Agreement and applicable laws; (iii) reverse engineer, attempt to gain unauthorized access to our Website or attempt to discover the underlying source code or structure thereof; (iv) submit to or through our Website any content or data that is false, misleading, defamatory, illegal or violates a third party’s rights; (v) submit or cause any routine, device or other undisclosed feature that is designed to delete, disable, deactivate, interfere with or otherwise harm any software, system or service, to be submitted to our Website; (vi) link to any page of our Website other than to http://www.userzoom.com through a plain text link, unless you have entered into a separate written agreement with us that permits the linking activity in question; (vii) imply in any fashion, in connection with our Website or your use thereof, that we or any of our licensors are endorsing you or your products or services (or any third party or third party’s products or services); (viii) misrepresent any state of facts in relation to our Website (including without limitation, your relationship with us or any of our licensors); (ix) publish, publicize or otherwise present false information about our products or services; or (x) use any of the Marks without our prior written consent in each instance of use. In addition to the foregoing, you may not use or access our Website in any way that, in our judgment, adversely affects the performance or function of our Website or any of the products or services we provide, or otherwise interferes with the ability of a third party to access our Website.

  1. Third-Party Links

Our Website may contain links to third-party websites and resources (collectively, "Links"). Such Links are provided solely as a convenience to you and not as an endorsement by us of any content found at such Links. We make no representations or warranties regarding the correctness, accuracy, performance or quality of any content, product or service found at any Link, and we are not responsible for the availability of the Links or any content or activities associated with such Links. You understand that if you decide to access the Links, you are doing so at your own risk, and your use of Links and any content, product or service associated therewith is subject to any applicable policies and terms of service or use relating to such Links.

  1. Suggestions and Feedback

We always welcome suggestions and feedback relating to our Website or any of the products or services we provide (collectively, “Feedback"). If you provide Feedback to us, you acknowledge that such Feedback is not considered to be confidential or proprietary information, we are under no obligation to keep such information confidential, and we will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Feedback in any way we deem fit.

  1. Termination

You agree that we, in our sole discretion, may terminate or suspend your use of our Website at any time and for any or no reason in our sole discretion, even if we allow continued access and use with respect to other individuals. Upon such suspension or termination, you must immediately discontinue any and all use of our Website, and any access to our Website by you after such termination or suspension will constitute an act of trespass. You understand that we will not be liable to you or any third party in connection with any termination or suspension of your access to our Website.

  1. Disclaimer of Warranties

WE DO NOT MAKE ANY REPRESENTATIONS WITH RESPECT TO OUR WEBSITE (INCLUDING ANY CONTENT CONTAINED THEREIN), AND YOUR USE THEREOF IS AT YOUR OWN RISK. OUR WEBSITE IS PROVIDED "AS IS", AND WE AND OUR LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CLAIMS ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR SECURITY OF OUR WEBSITE OR YOUR USE THEREOF, AND NO INFORMATION OBTAINED BY YOU FROM OUR WEBSITE WILL RESULT IN THE CREATION OF ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

  1. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW: (a) IN NO EVENT WILL WE OR OUR LICENSORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM RELATING TO OUR WEBSITE OR THESE TERMS OF USE, EVEN IF ADVISED OF SUCH POSSIBLE DAMAGES IN ADVANCE; (b) OUR AND OUR LICENSORS’ AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY NATURE RELATING TO OUR WEBSITE OR THESE TERMS OF USE WILL NOT EXCEED $50 USD; AND (c) ANY AND ALL REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

  1. Indemnification

You agree to, at your sole expense and cost, indemnify, defend, and hold us and our licensors harmless from any and all claims arising out of, resulting from, or relating to: (a) your use of our Website; or (b) your breach of these Terms of Use.

  1. Compliance with Law and Export Controls

You agree to use our Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in our sole judgment, negatively reflect on our goodwill or reputation and that you are to take no actions which would cause us to be in violation of any applicable laws, rulings or regulations. Our Website is hosted on servers located in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export any content associated with our Website to countries or persons prohibited under the United States or other applicable export control laws or regulations. You represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited, and you acknowledge that you are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of any content relating to our Website.

  1. General

You agree that any and all disputes concerning our Website (or use thereof) or these Terms of Use will be governed by California law (without regard to conflicts of law principles), and such disputes may only be brought in a court located in Santa Clara County, California. Additionally, you agree that any claim or cause of action arising out of or related to your use of our Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose. To the fullest extent permitted by law, the controlling language for these Terms of Use is English. We may revise and update these Terms of Use and our Website at our sole discretion at any time, and any aspect of our Website may be changed, supplemented, deleted or updated without notice to you. If and when we update these Terms of Use, we will update the “Last Revised and Effective as of” date set forth at the beginning of these Terms of Use. Your continued usage of our Website after any changes thereto will mean you have accepted those changes. Except as expressly provided in a separate subscription, service or other written agreement between you and us, these Terms of Use constitute the entire agreement between you and us with respect to your use of our Website, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. No waiver of any of these Terms of Use will be deemed to be a further or continuing waiver of such term or condition or any other term or condition. Any and all obligations and responsibilities you have under these Terms of Use, as well as the restrictions hereunder, which by their nature survive termination or suspension of your access to or use of our Website hereunder, will continue and remain in effect after such termination or suspension.

  1. Contacting Us

You may use the contact page at https://www.userzoom.com/contact-us/ to contact us with any questions or comments you may have regarding our Website.

 

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