Last updated: August 08, 2018
(i) Your use of the Website as permitted is solely for Your internal, personal, or company's use and not on behalf of, or for the benefit of any third party;
(ii) You will not copy or distribute any part of the Services in any medium without Zoomforth's prior written authorization; and
Zoomforth also reserves the right to suspend or terminate a user's access to the Services at any time in its sole discretion and without prior notice.
You agree not to use or launch any automated system or technological devices or programs that access the Services in a manner that sends more request messages to the Zoomforth servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You further agree not to access, monitor or copy any content or information of this Services using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, Zoomforth grants the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Zoomforth reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation individual names, account names, email addresses, or other user-identifying information from the Services, nor use the communication systems provided by the Services for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Services.
The Website may contain links to third party websites that are not owned or controlled by Zoomforth. Zoomforth has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any third party website. You acknowledge and agree that Zoomforth is not responsible for the content on the Internet or on webpages that are contained outside the Services.
By using the Website and the Services, You specifically release Zoomforth from any and all liability arising from Your access or use of any third party website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Services, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third parties.
The content on the Website (the "Content") including without limitation, all text, graphics, images, photos, computer code, software, scripts, multimedia files, interactive features trademarks, service marks and logos, other than User Submissions (as defined below), is owned by or licensed to Zoomforth, and is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Content on the Website is provided to You "as-is" for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Zoomforth or as expressly provided herein or in the applicable Service Agreement. Zoomforth reserves all rights not expressly granted in and to the Services and the Content contained therein.
You agree not to engage in the use, copying, or distribution of any of the Content (other than Your User Submissions, as defined below) for any commercial purposes. You understand that Zoomforth owns the Services and You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, or otherwise exploit any aspect of the Services. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or the Content.
The interactive nature of the Services and of the web pages built with the use of the Services as well as postings on the Website and such web pages makes it impossible for Zoomforth to assume responsibility for any of the information, material, or content posted by users of the Services and the Website. The ideas, suggestions, opinions, comments, and observations made by Zoomforth users, and any text, data, photographs, video, music, sound, chat, messages, designs, files or other material or content provided to Zoomforth by users or their employers or clients (all of which are referred to as "User Submissions") are not endorsed by Zoomforth, and Zoomforth makes no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Submission that is posted on the Website. You acknowledge that You will evaluate and bear any risks related to Your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission.
All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and Your sole recourse for any damage You may suffer as a result of any User Submission, or any portion thereof, shall be to such individual, and not Zoomforth.
You shall be solely responsible for Your own User Submission and the consequences of posting or publishing them. You and/or your employer, client or the legal entity on behalf of which you created an account with Zoomforth retain all of Your ownership rights in Your User Submissions.
However, although You will retain any ownership rights that you may have to your own content, by submitting or providing any User Submission to the Website (to the extent these have not been assigned to your employer or client), You hereby grant Zoomforth a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers and including any moral rights or other necessary rights), and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, perform, archive, modify, translate the User Submission in whole or in part in connection with the Services and Zoomforth's business, including without limitation for promoting, displaying, and redistributing part or all of the Services (and derivative works thereof) in any media now known or hereafter developed. We do not monitor or control what others do with your User Submissions.
If You choose to post a User Submission on Zoomforth, Zoomforth requires that You adhere to generally accepted rules of etiquette and standards of behavior, including the rules of conduct set forth below in Section 6, and that Your use of Zoomforth reflects Your respect for the legal rights of users connected with Zoomforth. You understand that Zoomforth does not guarantee any confidentiality with respect to any User Submission.
You have no obligation to provide Zoomforth with ideas, suggestions or proposals ("Feedback"). However, if you submit Feedback to Zoomforth, Zoomforth may use it for any purpose without compensation to You and have no obligation to keep your Feedback confidential.
Zoomforth expressly disclaims any and all liability in connection with User Submissions. Zoomforth reserves the right to remove content and User Submissions in its sole discretion and without prior notice.
The following rules of conduct apply to Your use of the Services and the Website and to all User Submissions, whether the User Submission is a story or is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website or the Services.
You may not, in connection with the Services:
Zoomforth reserves the right but does not have the obligation to remove User Submissions in its sole discretion and without prior notice. Zoomforth reserves the right at all times, but with no obligation, to remove or refuse to distribute any User Submissions, to suspend or terminate users, and to reclaim usernames without liability to You.
Zoomforth reserves the right to create limits on the use of the Website, including limitation on file size and storage space, consistent with the applicable Service Agreement. Zoomforth may require You to delete Your User Submissions until You are within certain storage space limits.
You acknowledge that Zoomforth may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that User Submissions, messages, message postings or other uploaded content will be retained by the Website, the maximum number of User Submissions or messages that may be sent from or received by an account on the Website, the maximum size of any User Submission or message that may be sent from or received by an account on the Website, the maximum disk space that will be allotted on Zoomforth's servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Website in a given period of time. You agree that Zoomforth has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Submissions maintained or transmitted by the Website. You further acknowledge that Zoomforth reserves the right to modify these general practices and limits from time to time.
Zoomforth respects the intellectual property of others, and Zoomforth requires users of the Services to do the same. Thus, in Your use of and interactions with Zoomforth and the Services, You may not post, upload, display, submit, modify, distribute, or reproduce in any way any User Submission that is or contains copyrighted material belonging to others, without obtaining their prior written consent. Zoomforth reserves the right, in its discretion, to remove any User Submission if it believes that it may infringe the copyright of any third party, and/or to terminate the accounts of users believed to be infringers.
DMCA Takedown Notification. If You are a copyright owner or an agent thereof and believe that any material on Zoomforth infringes Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Zoomforth's Designated Agent with the following information in writing:
A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
Identification of the copyrighted work (or works) claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Zoomforth to locate the material (i.e., providing URLs in the content of an email is the best way to help us locate content quickly).
Information reasonably sufficient to permit Zoomforth to contact You, including Your address, telephone number, and e-mail address at which You may be contacted.
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by You, or Your agent, or the law;
A statement made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner's behalf.
2973 16th Street, Suite 200
San Francisco, CA 94110
You acknowledge that if You fail to comply with all of the requirements above Your DMCA notice may not be valid and not be acknowledged by Zoomforth.
Zoomforth will process and investigate valid notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Zoomforth will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that Zoomforth has removed or disabled access to such material.
Counter-Notice. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the User Submission, You may send a counter-notice to Zoomforth's Designated Agent, which must contain the following information in writing:
Zoomforth reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) and/or the Website with or without notice. Zoomforth shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services or the Website.
Termination of Your Zoomforth account includes: (i) removal of access to all pages within the Services; (ii) deletion of Your password and all related information, files and materials, including User Submissions associated with or inside Your account (or any part thereof); and (iii) barring of further use of the Services. Further, You agree that all terminations for cause shall be made in Zoomforth's sole discretion and that Zoomforth shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Services.
THE WEBSITE IS NOT ABSOLUTELY PROTECTED AGAINST UNAUTHORIZED THIRD PARTIES. YOU ACKNOWLEDGE THAT ANY INFORMATION PROVIDED THROUGH THE INTERNET MAY BE POTENTIALLY ACCESSED BY UNAUTHORIZED THIRD PARTIES. ALTHOUGH ZOOMFORTH WILL MAKE REASONABLE EFFORTS TO PROTECT THE PRIVACY OF USERS OF THE WEBSITE, NO GUARANTEE CAN BE MADE THAT UNAUTHORIZED THIRD PARTIES WILL NOT ACCESS THE CONTENT OR INFORMATION CONTAINED ON THE WEBSITE. YOU ACKNOWLEDGE THAT ZOOMFORTH IS NOT RESPONSIBLE FOR NOTIFYING YOU THAT UNAUTHORIZED THIRD PARTIES HAVE GAINED SUCH ACCESS OR THAT ANY DATA HAS BEEN OTHERWISE COMPROMISED DURING TRANSMISSION ACROSS COMPUTER NETWORKS OR TELECOMMUNICATIONS FACILITIES, INCLUDING, BUT NOT LIMITED TO, THE INTERNET.
IN NO EVENT SHALL ZOOMFORTH, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF ZOOMFORTH, BE LIABLE TO YOU FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO ZOOMFORTH IN CONNECTION WITH THE WEBSITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND ZOOMFORTH'S REASONABLE CONTROL. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ZOOMFORTH SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Services are controlled and offered by Zoomforth from its facilities in the United States of America. Zoomforth makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The Website and the Content are owned by Zoomforth, Inc. No portion of the Website or the Content may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose, other than as provided in the applicable Service Agreement, without the prior written permission of Zoomforth. Notwithstanding the aforementioned, User Submissions are the property of the applicable users or their employer or clients.
All of the Zoomforth trademarks, including but not limited to Zoomforth and Zoomforth.com, are owned by Zoomforth, Inc. and may not be used for any purpose without the prior written permission of Zoomforth.