1. Acceptance of Terms.
2. Description of Services.
3. General Conditions / Access and Use of the Services.
3.3. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the Services ("Your Content").
3.4. Your dealings or communications through the Site with any party other than ZooTap are solely between you and that third party. Under no circumstances will ZooTap be liable for any goods, services, resources or content available through such third party dealings or communications, or for any related harm.
3.5. As part of the registration process, you may be asked to create or may be given a login and password for your account. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. ZooTap reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Services, you hereby do and shall grant ZooTap a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicense and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Services. ZooTap has the right, but not the obligation, to monitor the Services, Content, or Your Content. You further agree that we may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
3.6. You understand that the operation of the Services, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to ZooTap\'s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. ZooTap will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.8. ZooTap reserves the right to use your name and/or company’s name as a reference for marketing or promotional purposes on the Site and in other communication with existing or potential customers of ZooTap. To decline ZooTap this right you will need to email ENTER DIRECTORY ADMIN EMAIL stating that you do not wish to be used as a reference.
3.9. Subject to the terms hereof, ZooTap may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
3.10. Notice of Claims for Copyright Infringement; Copyright Policy.
3.10.1. ZooTap respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify ZooTap of your infringement claim in accordance with these procedures.
3.10.2. ZooTap will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to ZooTap\'s Copyright Agent at firstname.lastname@example.org (Subject line: "DMCA Takedown Request").
3.10.3. To be effective, the notification must be in writing and contain the following information:
18.104.22.168. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
22.214.171.124. A description of the copyrighted work or other intellectual property that you claim has been infringed;
126.96.36.199. A description of where the material that you claim is infringing is located on the Site or Services, with enough detail that we may find it on the Site or Services;
A. Your address
B. Telephone number
C. Email address;
D. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner\'s behalf.
4. Fees and Charges.
4.1 You shall pay all subscription fees due for your use of the Service and Software hereunder. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Except as otherwise expressly stated in this Agreement, all fees are non-refundable once paid. Payments may be made annually, monthly or for another time period, consistent with the terms of your subscription, or as otherwise mutually agreed upon in an Order Form. You are responsible for paying for all subscriptions ordered, whether or not the user accounts associated with those subscriptions are actively used. In accordance with the terms of your subscription, ZooTap may require you to provide ZooTap with valid credit card information (or, if applicable, ZooTap-approved purchase order information) as a condition to signing up for the Service. ZooTap reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail or notice on the Service itself.
4.2 Refundable and Non-Refundable Fees.
4.2.1 Setup fees and fees for data, reports, products or downloadable software are not refundable. Annual or Multi-year subscriptions are refundable at a pro-rated basis using the monthly cost that would have been charged had the longer-term contract not been in place.
4.3 Recurring Billing.
4.3.1 ZooTap charges and collects in advance for use of the Service. ZooTap will automatically renew your subscription and bill your credit card or issue an invoice to you, in accordance with your subscription term. The renewal charge will be equal to the subscription fee in effect at the time of renewal. Fees for other services will be charged on an as-quoted basis. ZooTap’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities; you are responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on ZooTap’s income. If you wish to cancel your service you must notify our billing department in writing at least 30 days prior to the billing date. Cancellation notices can be sent to: email@example.com
4.3.2 You agree to provide ZooTap with complete and accurate billing and contact information. This information includes your correct name, company name, street address, e-mail address, billing address, and name and telephone number of an authorized billing contact and license administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, ZooTap reserves the right to terminate your access to the Service in addition to any other legal remedies.
4.3.3 Unless ZooTap in its discretion determines otherwise, you will be billed in U.S. dollars and subject to U.S. payment terms and pricing structures.
4.4 Non-Payment and Suspension.
4.4.1 In addition to any other rights granted to ZooTap herein, ZooTap reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent. Delinquent invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for user subscriptions during any period of suspension. If you or ZooTap initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with Section 7 (Payment) above. You agree that ZooTap may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
4.4.2 ZooTap reserves the right to impose a reinstatement fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that ZooTap has no obligation to retain Your Submitted Information and that Your Submitted Information may be irretrievably deleted if your account is delinquent.
4.5.1 This Agreement commences on the Effective Date. The initial term is as specified when your subscription was activated, or as specified on the applicable Order Form. Upon the expiration of the initial term, this Agreement will automatically renew for successive renewal terms equal in duration to the initial term (or one year, if the initial term is greater than one year) at ZooTap’s applicable then-current fees. Either you or ZooTap may elect not to renew this Agreement or to reduce the number of subscriptions. You agree and acknowledge that ZooTap has no obligation to retain Your Submitted Information, and that ZooTap may delete Your Submitted Information after termination.
5. Representations and Warranties.
7. DISCLAIMER OF WARRANTIES.
8. LIMITATION OF LIABILITY.
8.2. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, ZOOTAP\'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9.2 ZooTap and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries and data protection laws. Any diversion of the Content contrary to United States law or this Agreement is prohibited.
10. U.S. Government Matters.
10.1. You may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.
13. Spam and Communications Guidelines.
13.1. You may not use the Offerings, Materials, or any name, trademarks or other intellectual property of ZooTap in conjunction with the sending of unsolicited commercial email, nor may you cause any ZooTap Web site, service, product, or equipment, network connectivity or other resources to originate, deliver, relay or otherwise transmit unsolicited commercial email messages. Further, you may not engage in any of the foregoing prohibited activities by using any other provider, third-party agent, re-mailing service, or address forwarding service in such a way that our intellectual property, network addresses or services are in any way associated or likely to be associated with the sending of unsolicited commercial email. Other prohibited methods of advertising or promoting your involvement with ZooTap include, but are not limited to: (i) postings or transmissions of messages in violation of any published guidelines or specifications for the use of any service that allows you to post or transmit messages; or (ii) multiple or otherwise abusive postings or transmissions of messages to Usenet newsgroups, mailing lists, chat rooms, instant messaging programs, social networking sites or networks or other online forums. Please report any incidents of "spamming" or similar inappropriate behavior to ZooTap firstname.lastname@example.org immediately.
14. Send a Message Services (SMS).
14.2. The Send a Message Services is included with the paid listing, if you send a text message, the recipient\'s cellular carrier\'s normal messaging, data, and other rates and fees may apply. In connection with your use of a Send a Message Service, you specifically represent and warrant the following:
14.2.A. You are at least eighteen (18) years old
14.2.B. You will not use the Send a Message Service for any purpose that is unlawful or prohibited herein.
14.3. Specifically in connection with your use of a Send a Message Service, you agree that you will not:
14.3.A. Engage in any unsolicited promotions, political campaigning
14.3.B. Attempt to alter or obscure source-identifying information
14.3.C. Attempt to collect or store personal information about third parties without their knowledge or consent.
15. Governing Law.
16. Notice for California Users.
16.1. Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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