Terms & Conditions

This Terms of Use was last updated on September 2, 2018.

1.  Acceptance of Terms.       

1.1. ZooTap.com, ("ZooTap"  or "we") provides its Services (as defined below) to you through this website located at ZooTap or ZooTapRadio (the "Site"),  subject to this Terms of Use agreement ("Terms of Use"). By  accepting this Terms of Use or by accessing or using the Services or  Site, you acknowledge that you have read, understood, and agree to be  bound by this Terms of Use. If you are entering into this Terms of  Use on behalf of a company, business or other legal entity, you  represent that you have the authority to bind such entity and its  affiliates to this Terms of Use, in which case the terms "you"  or "your" shall refer to such entity and its affiliates. If  you do not have such authority, or if you do not agree with this  Terms of Use, you must not accept this Terms of Use and may not use  the Services.

1.2. ZooTap may change this Terms of  Use from time to time and the most current version will always be  available by selecting the "Terms of Use" link displayed  prominently on the Site. If a revision, in our sole discretion, is  material we will notify you (for example, via email to the email  address associated with your account). The revised terms will become  effective after we post such changes, and if you use the Services  after that date, your use will constitute acceptance of the revised  terms and conditions. If any change to this Terms of Use is not  acceptable to you, you may stop using the Services and terminate your  account as described in Section 5 below.
       

2. Description of Services.

2.1. The "Services" include  (a) the Site; (b) the services provided by the Site, including  [articles, guides and solutions for your business needs]; and (c) all  software (including the Software, as defined below), data, reports,  text, images, sounds, video, and content made available through any  of the foregoing (collectively referred to as the "Content").  Any new features added to or augmenting the Services are also subject  to this Terms of Use.

3. General Conditions / Access and Use  of the Services.

3.1. Subject to the terms and  conditions of this Terms of Use, you may access and use the Services  only for lawful purposes. All rights, title and interest in and to  the Services and its components will remain with and belong  exclusively to ZooTap. You shall not (a) sublicense, resell, rent,  lease, transfer, assign, time share or otherwise commercially exploit  or make the Services available to any third party; (b) use the  Services in any unlawful manner (including without limitation in  violation of any data, privacy or export control laws) or in any  manner that interferes with or disrupts the integrity or performance  of the Services or its components; or (c) modify, adapt or hack the  Services to, or otherwise attempt to gain unauthorized access to the  Services or its related systems or networks. You shall comply with  any codes of conduct, policies or other notices ZooTap provides you  or publishes in connection with the Services, and you shall promptly  notify ZooTap if you learn of a security breach related to the  Services.

3.2. Any software that may be made  available by ZooTap in connection with the Services ("Software")  contains proprietary and confidential information that is protected  by applicable intellectual property and other laws. Subject to the  terms and conditions of this Terms of Use, ZooTap hereby grants you a  non-transferable, non-sublicense and non-exclusive right and license  to use the object code of any Software on a single device solely in  connection with the Services, provided that you shall not (and shall  not allow any third party to) copy, modify, create a derivative work  of, reverse engineer, reverse assemble or otherwise attempt to  discover any source code or sell, assign, sublicense or otherwise  transfer any right in any Software. You agree not to access the  Services by any means other than through the interface that is  provided by ZooTap for use in accessing the Services. Any rights not  expressly granted herein are reserved and no license or right to use  any trademark of ZooTap or any third party is granted to you in  connection with 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.

3.7. The failure of ZooTap to exercise  or enforce any right or provision of this Terms of Use shall not be a  waiver of that right. You acknowledge that this Terms of Use is a  contract between you and ZooTap, even though it is electronic and is  not physically signed by you and ZooTap, and it governs your use of  the Services.

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  zootapradio.fm@gmail.com (Subject line: "DMCA Takedown  Request").

3.10.3. To be effective, the  notification must be in writing and contain the following  information:

3.10.3.1. An electronic or physical  signature of the person authorized to act on behalf of the owner of  the copyright or other intellectual property interest;

3.10.3.2. A description of the  copyrighted work or other intellectual property that you claim has  been infringed;

3.10.3.3. 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: zootapradio.fm@gmail.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 Term.

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. 

5.1. You represent and warrant to  ZooTap that (a) you have full power and authority to enter into this  Terms of Use; (b) you own all Your Content or have obtained all  permissions, releases, rights or licenses required to engage in your  posting and other activities (and allow ZooTap to perform its  obligations) in connection with the Services without obtaining any  further releases or consents; (c) Your Content and other activities  in connection with the Services, and ZooTap\'s exercise of all rights  and license granted by you herein, do not and will not violate,  infringe, or misappropriate any third party\'s copyright, trademark,  right of privacy or publicity, or other personal or proprietary  right, nor does Your Content contain any matter that is defamatory,  obscene, unlawful, threatening, abusive, offensive or harassing; and  (d) you are eighteen (18) years of age or older.

6. Termination.

6.1. You have the right to terminate  your account at any time by deleting the Listing. Subject to earlier termination as provided below, ZooTap may terminate your account and  this Terms of Use at any time by providing thirty (30) days prior  notice to the administrative email address associated with your  account. In addition to any other remedies we may have, ZooTap may also terminate this Terms of Use upon thirty (30) days\' notice, if you breach any of the terms or conditions of this Terms of Use.  ZooTap reserves the right to modify or discontinue, temporarily or  permanently, the Services (or any part thereof). All of Your Content on the Services (if any) may be permanently deleted by ZooTap upon any termination of your account in its sole discretion. The terms of Section 4-13 shall survive termination of this Terms of Use.

7. DISCLAIMER OF WARRANTIES. 

7.1. The Services may be temporarily  unavailable for scheduled maintenance or for unscheduled emergency  maintenance, either by ZooTap or by third-party providers, or because  of other causes beyond our reasonable control. THE SERVICES,  INCLUDING THE SITE AND CONTENT, ARE PROVIDED ON AN "AS IS"  AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY  KIND, AND ZOOTAP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER  EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED  WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR  PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT ZOOTAP DOES NOT  WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,  ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE  RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO  INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM ZOOTAP OR  THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED  IN THIS TERMS OF USE.

8. LIMITATION OF LIABILITY.

8.1. UNDER NO CIRCUMSTANCES AND UNDER  NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL  ZOOTAP BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT,  INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES,  INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS  INTERRUPTION; OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR  LIABILITIES IN EXCESS OF ONE HUNDRED ($100) U.S. DOLLARS. THE  PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TERMS OF USE  BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS  IN DETERMINING WHETHER TO ENTER INTO THIS TERMS OF USE.

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. Indemnification.

9.1. You shall defend, indemnify, and  hold harmless ZooTap (and ZooTap\'s officers, directors, agents,  affiliates, subsidiaries, investors, employees, vendors and  contractors) from and against any claims, actions or demands,  including without limitation reasonable legal and accounting fees,  arising or resulting from your breach of this Terms of Use, any of  Your Content, or your other access, contribution to, use or misuse of  the Services. ZooTap shall provide notice to you of any such claim,  suit or demand. ZooTap reserves the right to assume the exclusive  defense and control of any matter which is subject to indemnification  under this section. In such case, you agree to cooperate with any  reasonable requests assisting ZooTap\'s defense of such matter. If you  are a California resident, you hereby waive California Civil Code  §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." This  release includes the criminal acts of others.

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.

11. Assignment. 

11.1. You may not assign this Terms of  Use without the prior written consent of ZooTap, but ZooTap may  assign or transfer this Terms of Use, in whole or in part, without  restriction.

12. Miscellaneous. 

12.1. If any provision of this Terms of  Use is found to be unenforceable or invalid, that provision will be  limited or eliminated to the minimum extent necessary so that this  Terms of Use will otherwise remain in full force and effect and  enforceable. Both parties agree that this Terms of Use is the  complete and exclusive statement of the mutual understanding of the  parties and supersedes and cancels all previous written and oral  agreements, communications and other understandings relating to the  subject matter of this Terms of Use, and that all waivers and  modifications must be in a writing signed by both parties, except as  otherwise provided herein. No agency, partnership, joint venture, or  employment is created as a result of this Terms of Use and you do not  have any authority of any kind to bind ZooTap in any respect  whatsoever. In any action or proceeding to enforce rights under this  Terms of Use, the prevailing party will be entitled to recover costs  and attorneys\' fees. All notices under this Terms of Use will be in  writing and will be deemed to have been duly given when received, if  personally delivered; when receipt is electronically confirmed, if  transmitted by facsimile or email; the day after it is sent, if sent  for next day delivery by recognized overnight delivery service; and  upon receipt, if sent by certified or registered mail, return receipt  requested.

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 zootapradio.fm@gmail.com immediately.

14. Send a Message Services (SMS).

14.1. This section only applies to your  use (if any) of any ZooTap service which allows you to send email or  text messages directly to third parties, including other ZooTap users  (the "Send a Message Services"). Notwithstanding the  license described in the above section titled Content You Provide or  Submit, with respect to User Supplied Private Information, your use  of a Send a Message Service requires that you grant ZooTap a  worldwide, royalty-free, non-exclusive, assignable and transferrable  license to reproduce, archive, store, display, perform, prepare  derivative works based on, modify, and distribute the content of your  message(s) for the purpose of delivering your message(s). In  addition, any information or message content provided in connection  with the Offerings, including the Send a Message Services, is subject to our Privacy Policy.

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.

15.1. This Terms of Use shall be  governed by the laws of the State of Texas without regard to  the principles of conflicts of law. Unless otherwise elected by  ZooTap in a particular instance, you hereby expressly agree to submit  to the exclusive personal jurisdiction of the federal and state  courts of the State of Texas for the purpose of resolving any  dispute relating to your access to or use of the Services.

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.

17. Privacy.

17.1. Please visit Privacy Policy to understand how ZooTap collects and uses  personal information.

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