Zodle Terms of Service
The effective date of this Agreement is
January 1, 2007
.
By using the Zodle Services (as defined
below) which are owned and operated by Local Internet Space, Inc. ("Zodle") and
by accessing the Zodle Site located at
http://www.zodle.com,
and all linked pages
owned and operated by Zodle (the "Zodle Site"), you agree to be bound by these terms
of service, as well as any other guidelines, rules and additional terms referenced
herein, and all such guidelines, terms and rules are hereby incorporated herein
by this reference (collectively, "Terms of Service").
Zodle's on-line services which are available at the Zodle Site will, among other
things, help you find businesses/services you are looking for by allowing you to
get reviews from other Zodle users, post and share these reviews with Zodle users,
and view third party postings/reviews regarding similar businesses/services ("Zodle
Service"). These Terms of Service set out the legally binding terms with respect
to your use of and our provision of the Zodle Site and Zodle Services. Please read
these Terms of Service carefully. Your access to or use of the Zodle Service constitutes
your acceptance of all the provisions of these Terms of Service. If you are unwilling
to be bound by these Terms of Service, do not access or use the Zodle Service.
1)
Eligibility.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction
if that age is greater than 18 years of age, to register as a member of Zodle or
use the Zodle Site and Zodle Services. If you are under the age of 18 or the applicable
legal age in your jurisdiction, you can use the Zodle Service only in conjunction
with, and under the supervision of, your parent or guardian who has agreed to the
Terms of Service. If you do not qualify, do not use the Service. Membership in the
Zodle Service is void where prohibited by applicable law, and the right to access
the Zodle Site is revoked in such jurisdictions. You must be 13 or older to use
the site, in compliance with the Children's Online Privacy Protection Act(COPPA).
By using the Zodle Site and/or Zodle Services, you represent and warrant that you
have the right, authority, and capacity to enter into these Terms of Service and
to abide by all of the terms and conditions set forth herein. The Zodle website
is administered in the US and intended for US users; any use outside of the US is
at the user's own risk and users are responsible for compliance with any local laws
applicable to their use of the service or the website.
2)
Changes to the Agreement or the Zodle Services.
You agree and understand that these Terms of Service, the Zodle Site and the Zodle Services may be modified by Zodle at any time without prior notice, and such modifications will be effective upon Zodle's posting of the new terms and/or upon implementation of the new changes on the Zodle Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Zodle Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by Zodle, any new features, new services, enhancements or modifications to the Zodle Service implemented after your initial access to the Service shall be subject to these Terms of Service.
3)
Registration and Security.
In order to use or access some of the Zodle Services,
you may be required to register with Zodle and to select a password and user name
("User ID") and provide an email address you own and use. If you register, you agree
to provide Zodle with accurate, complete, and updated registration information.
Failure to do so shall constitute a breach of these Terms of Service, which may
result in immediate termination of your account. You may not: (i) enter, select
or use a false name or an email address owned or controlled by another person with
the intent to impersonate that person, or, (ii) use as a User ID a name subject
to any rights of a person other than yourself without appropriate authorization.
Zodle reserves the right to refuse registration of, or cancel a User ID in its discretion.
You shall be responsible for maintaining the confidentiality of your password and
are fully responsible for all activities that occur under your User ID and password.
Any User ID and password provided to you for your access to the Zodle Service shall
be for your personal use only. You agree to (a) immediately notify Zodle of any
unauthorized use of your User ID or password, and (b) ensure that you exit from
your account at the end of each session.
4)
Use of the Site/Services by Members.
You may use the Zodle Site to solicit reviews
from, and share reviews with other Zodle users. You may search the Zodle database
for reviews and business contact information. You may forward reviews to people
you know, whether or not they are existing Zodle users. You may invite people you
know to join Zodle. You may download or copy the portions of the information, data,
text, sound, photographs, graphics, video, messages and other materials available
via the Zodle Service ("Content"), and other items displayed on the Zodle Site,
for your own use, provided that you maintain all copyright and other notices contained
in such Content. Zodle does not control the Content posted by third parties via
the Zodle Service, including the content of any messages or reviews, and does not
guarantee the accuracy, integrity or quality of such Content. You understand that
by using the Zodle Service you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will Zodle be liable in any way for any
Content, including any errors or omissions in any Content, or any loss or damage
of any kind incurred as a result of your use of any Content. You are responsible
for complying with all laws applicable to the Content you submit via the Zodle Service.
You agree that you must evaluate and bear all risks associated with the use of any
Content, including any reliance on the content, integrity, and accuracy of such
Content.
5)
Restrictions on Rights to Use.
You shall not (and you agree not to allow any third party to):
·
modify, adapt, translate, or reverse engineer any portion of the Zodle Site and/or
Zodle Service;
·
remove any copyright, trademark or other proprietary rights notices contained in
or on the Zodle Site and/or Zodle Service;
·
use any robot, spider, site search/retrieval application, or other device to retrieve
or index any portion of the Zodle Site and/or Zodle Service;
·
collect any information about other users or members (including usernames and/or
email addresses) for any purpose other than to solicit and share reviews with other
Zodle users or members;
·
reformat or frame any portion of the web pages that are part of the Zodle Site and/or
Zodle Service;
·
create user accounts by automated means or under false or fraudulent pretenses;
·
create or transmit unwanted electronic communications such as "spam" to other users
or members of the Zodle Site and/or Zodle Service or otherwise interfere with other
user's or member's enjoyment of the Zodle Site and/or Zodle Service;
·
submit any third party materials or Content without such third party's prior written
consent;
·
submit any Content or material that falsely express or imply that such Content or
material is sponsored or endorsed by Zodle;
·
submit any Content or material that infringes, misappropriates or violates the intellectual
property, publicity, privacy or other rights of any party;
·
transmit any viruses, worms, defects, Trojan horses or other items of a destructive
nature;
·
use of the Zodle Site or Zodle Services to violate the security of any computer
network, crack passwords or security encryption codes, transfer or store illegal
material including those that are deemed threatening or obscene;
·
copy or store any Content offered on the Zodle Site for other than your own use;
·
submit Content or materials that are unlawful or promote or encourage illegal activity;
·
submit false or misleading information to Zodle;
·
take any action that imposes, or may impose in our sole discretion, an unreasonable
or disproportionately large load on our IT infrastructure;
·
use the Zodle Site and/ or Zodle Service, intentionally or unintentionally, to violate
any applicable local, state, national or international law; or
·
collect or store personal data about other users in connection with the prohibited
activities described in this paragraph.
6)
Content Posted By You on the Zodle Site.
·
You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights.
·
You understand and agree that Zodle may review and delete any Content, business
listings (including business name, address, phone, fax, rating, reviews) that in
the sole judgment of Zodle violates these Terms of Service or which might be offensive,
illegal, or that might violate the rights of, harm, or threaten the safety of other
users or members of the Zodle Site and/or other website users.
·
You are solely responsible for any Content that you publish or display on the Zodle
Site or transmit to other members and/or other website users (hereinafter, "Posted
Content").
·
You are solely responsible for your ratings and reviews of businesses listed on
Zodle. Zodle reserves the right, but has no obligation, to monitor disputes between
you and any entity which you have reviewed.
·
You agree that you will only post Content that you believe to be true and you will
not purposely provide false or misleading information.
·
By posting Posted Content on the Zodle Site, you agree to and hereby do grant, and
you represent and warrant that you have the right to grant, Zodle, its contractors,
and the users of the Zodle Site an irrevocable, perpetual, non-exclusive, royalty-free,
fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform,
digitally perform, publicly display, and distribute such Posted Content and to prepare
derivative works of, or incorporate into other works, such Posted Content.
·
The following is a partial list of the kind of Content and communications that are
illegal or prohibited on/through the Zodle Site. Zodle reserves the right to investigate
and take appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the offending communication
from the Zodle Service and terminating the membership of such violators or blocking
your use of the Zodle Service and/or Zodle Site. You may not post Content that:
·
is false or intentionally misleading;
·
is patently offensive to users of the Zodle Site, such as Content or messages that
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual;
·
harasses or advocates harassment of another person;
·
involves the transmission of unsolicited mass mailing or "spamming";
·
promotes illegal activities or conduct that is abusive;
·
is threatening, obscene, defamatory or libelous;
·
is pornographic or sexually explicit in nature; and
·
seeks or recommends providers of material that exploits people under the age of
18 in a sexual or violent manner, or seeks or recommends providers that solicit
personal information from anyone under 18.
7)
Copyright Dispute Policy.
Zodle has adopted the following general policy toward copyright infringement
in accordance with the Digital Millennium Copyright Act or DMCA (posted at
http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf).
The address of Zodle's Designated Agent to Receive Notification of Claimed Infringement
("Designated Agent") is provided at the bottom of this section.
·
Zodle Policy.
It is Zodle's policy to (i) block access to or remove material that it believes
in good faith to be copyrighted material that has been illegally copied and distributed
by any of our advertisers, affiliates, Content providers, members or users; and
(ii) remove and discontinue service to repeat offenders.
·
Procedure for Reporting Copyright Infringements.
If you believe that material or Content residing on or accessible through the Zodle
Site or Service infringes a copyright, please send a notice of copyright infringement
containing the following information to the Designated Agent listed below ("Proper
Bona Fide Infringement Notification"):
1.
A physical or electronic signature of a person authorized to act on behalf of the
owner of the copyright that has been allegedly infringed;
2.
Identification of works or materials being infringed;
3.
Identification of the material that is claimed to be infringing including information
regarding the location of the infringing materials that the copyright owner seeks
to have removed, with sufficient detail so that Zodle is capable of finding and
verifying its existence;
4.
Contact information about the notifier including address, telephone number and,
if available, email address;
5.
A statement that the notifier has a good faith belief that the material is not authorized
by the copyright owner, its agent, or the law; and
6.
A statement made under penalty of perjury that the information provided is accurate
and the notifying party is authorized to make the complaint on behalf of the copyright
owner.
·
Upon Receipt of a Bona Fide Infringement Notification.
Once Proper Bona Fide Infringement Notification is received by the Designated Agent,
it is Zodle's policy:
1.
to remove or disable access to the infringing material;
2.
to notify the Content provider, member or user that it has removed or disabled access
to the material; and
3.
that repeat offenders will have the infringing material removed from the system
and that Zodle will terminate such Content provider's, member's or user's access
to the service.
·
Procedure to Supply a Counter-Notice to the Designated Agent.
If the Content provider, member or user believes that the material that was removed
or to which access was disabled is either not infringing, or the Content provider,
member or user believes that it has the right to post and use such material from
the copyright owner, the copyright owner's agent, or pursuant to the law, the Content
provider, member or user must send a counter-notice containing the following information
to the Designated Agent listed below:
1.
A physical or electronic signature of the Content provider, member or user;
2.
Identification of the material that has been removed or to which access to has been
disabled and the location at which the material appeared before it was removed or
disabled;
3.
A statement that the Content provider, member or user has a good faith belief that
the material was removed or disabled as a result of mistake or a misidentification
of the material; and
4.
The Content provider's, member's or user's name, address, telephone number, and,
if available, email address and a statement that such person or entity consents
to the jurisdiction of the Federal Court for the judicial district in which the
Content provider's, member's or user's address is located, or if the Content provider's,
member's or user's address is located outside the United States, for any judicial
district in which Zodle is located, and that such person or entity will accept service
of process from the person who provided notification of the alleged infringement.
·
Removal.
If a counter-notice is received by the Designated Agent, Zodle may send a copy of
the counter-notice to the original complaining party informing that person that
it may replace the removed material or cease disabling it in 10 business days. Unless
the copyright owner files an action seeking a court order against the Content provider,
member or user, the removed material may be replaced or access to it restored in
10 to 14 business days or more after receipt of the counter-notice, at Zodle's discretion.
Please contact Zodle to Receive Notification of Claimed Infringement at the following
address:
Zodle
3905 Sate St. Suite
Santa Barbara, CA 93105
Phone: (866) 288-2065
Email to:
info@zodle.com
8)
Venue Only.
If you enter into correspondence or engage in commercial transactions with third
parties in connection with your use of the Zodle Service, such activity is solely
between you and the applicable third party. Zodle shall have no liability, obligation
or responsibility for any such activity. You hereby release Zodle from all claims
arising from such activity.
9)
Privacy.
Use of the Zodle Site and/or the Zodle Service is also governed by our Privacy Policy,
a copy of which is currently located at http://www.zodle.com/privacypolicy.aspx .
10)
Term.
These Terms of Service will remain in full force and effect while you use the Zodle
Site and/or Zodle Services. Either Party may terminate these Terms of Service for
any reason, at any time. Sections 8, 9, 10, 11, 12, 13, 14, and 15 shall survive
any termination or expiration of these Terms of Service.
11)
Ownership.
Except for the Content submitted by members or users, the Zodle Service and all
aspects thereof, including all copyrights, trademarks, and other intellectual property
or proprietary rights therein, is owned by Zodle or its licensors. You acknowledge
that the Zodle Service and any underlying technology or software used in connection
with the Zodle Service contain Zodle’s proprietary information. You may not modify,
reproduce, distribute, create derivative works of, publicly display or in any way
exploit, any of the content, software, and/or materials available on the Zodle Site,
or Zodle Services in whole or in part except as expressly provided in Zodle’s policies
and procedures made available via the Zodle Service. Except as expressly and unambiguously
provided herein, Zodle and its suppliers do not grant you any express or implied
rights, and all rights in the Zodle Service not expressly granted by Zodle to you
are retained by Zodle.
12)
Disclaimer.
THE ZODLE SITE IS PROVIDED BY ZODLE ON AN "AS IS" BASIS. ZODLE AND ITS LICENSORS
AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY
OR IMPLIED AS TO THE OPERATION OF THE ZODLE SITE, ZODLE SERVICE OR SOFTWARE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE ZODLE SITE OR IN ASSOCIATION
WITH THE ZODLE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ZODLE
AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZODLE AND ITS LICENSORS AND
AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE ZODLE SITE. SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. ZODLE IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE
ZODLE SITE. Zodle does not warrant or covenant that the Zodle Service will be available
at any time or from any particular location, will be secure or error-free, that
defects will be corrected, or that the ZODLE Service is free of viruses or other
potentially harmful components. Any material or Content downloaded or otherwise
obtained through the use of the Zodle Service is accessed at your own discretion
and risk and you will be solely responsible for any damage to your computer system
or loss of data that results from the download of any such material. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM ZODLE, THE ZODLE
SITE OR THROUGH OR FROM THE ZODLE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
13)
Limitation on Liability.
Zodle shall not be liable for any failure to perform its obligations hereunder where
such failure results from any cause beyond Zodle's reasonable control, including,
without limitation, mechanical, electronic or communications failure or degradation
(including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, ZODLE AND
ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZODLE'S MAXIMUM AGGREGATE LIABILITY TO
YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL
TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO ZODLE
FOR THE ZODLE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY
OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT
TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED
HIS SETTLEMENT WITH THE DEBTOR."
14)
Indemnity.
You agree to indemnify and hold Zodle, its parents, subsidiaries, affiliates, officers
and employees, harmless, including costs and attorneys' fees, from any claim or
demand made by any third party due to or arising out of (i) your access to the Zodle
Site, (ii) your use of the Zodle Services, (iii) the violation of these Terms of
Service by you, or (iv) the infringement by you, or any third party using your account
or User ID or password, of any intellectual property or other right of any person
or entity.
15)
Miscellaneous.
If there is any dispute about or involving the Zodle Site and/or the Zodle Service,
by using the Zodle Site, you agree that the dispute will be governed by the laws
of the State of California without regard to its conflict of law provisions. You
agree to personal jurisdiction by and venue in the state and federal courts of the
State of California, City of Santa Barbara. No agency, partnership, joint venture,
or employment is created as a result of these Terms of Service and you do not have
any authority of any kind to bind Zodle in any respect whatsoever. Zodle may provide
you with notices, including those regarding changes to the Terms of Service by email,
regular mail or postings on the Zodle Service. These Terms of Service, accepted
upon use of the Zodle Site, and all terms, guidelines and rules referenced herein
contain the entire agreement between you and Zodle regarding the use of the Zodle
Site and/or the Zodle Service. The failure of Zodle to exercise or enforce any right
or provision of these Terms of Service shall not constitute a waiver of such right
or provision. The failure of either party to exercise in any respect any right provided
for herein shall not be deemed a waiver of any further rights hereunder. If any
provision of these Terms of Service is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so that
these Terms of Service shall otherwise remain in full force and effect and enforceable.
These Terms of Service are not assignable, transferable or sublicensable by you
except with Zodle's prior written consent. The section titles in these Terms of
Service are for convenience only and have no legal or contractual effect. These
Terms of Service include Zodle's acceptable use policy for Content posted on the
Zodle Site, Zodle's Privacy Policy, and any notices regarding the Zodle Site.
16)
Contact and Violations.
Please
contact us