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Terms and Conditions of Service
1. User Acceptance
By using and/or visiting this website (collectively, including all content and functionality available through the ZOOMcatalog.com domain name, the “ZOOMcatalog Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms and conditions of Service"), (2)ZOOMcatalog's privacy notice, and incorporated here by reference, and (3) ZOOMcatalog's Community Guidelines also incorporated here by reference. If you do not agree to any of these terms, the ZOOMcatalog privacy notice, or the Community Guidelines, please do not use the ZOOMcatalog Website.
Although we may attempt to notify you when major changes are made to these Terms and conditions of Service, you should periodically review the most up-to-date version (http://www.ZOOMcatalog.com). ZOOMcatalog may, in its sole discretion, modify or revise these Terms and Conditions of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. ZOOMcatalog Website
These Terms of Service apply to all users of the ZOOMcatalog Website, including users who are also contributors of catalog, flyer and coupon content, information, and other materials or services on the Website. The ZOOMcatalog Website includes all aspects of ZOOMcatalog, including but not limited to all products, software and services offered via the website such as the ZOOMcatalog catalogs, flyers, coupons, and other content and applications.
The ZOOMcatalog Website may contain links to third party websites that are not owned or controlled by ZOOMcatalog. ZOOMcatalog has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ZOOMcatalog will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ZOOMcatalog from any and all liability arising from your use of any third-party website.
3. ZOOMcatalog Accounts
In order to access some features of the Website, you will have to create a ZOOMcatalog account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ZOOMcatalog immediately of any breach of security or unauthorized use of your account.
If you elect to pay using a purchase order then you agree to pay ZOOMcatalog with 30 days of receiving an invoice.
Although ZOOMcatalog will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ZOOMcatalog or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
ZOOMcatalog hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without ZOOMcatalogs prior written authorization.
You agree not to alter or modify any part of the Website, including but not limited to ZOOMcatalogs software and content or any of its related technologies.
You agree not to access User Submissions (defined below) or ZOOMcatalog Content through any technology or means other than the catalog viewer pages of the Website itself, other explicitly authorized means ZOOMcatalog may designate.
You agree not to use the Website, including the ZOOMcatalog catalogs, flyers, coupons, information, statistics and content for any commercial use, without the prior written authorization of ZOOMcatalog. Prohibited commercial uses include any of the following actions taken without ZOOMcatalog’s express approval:
• Sale of access to the Website or its related services (such as the catalog, flyers, coupons, supplier, statistics and distributor information, graphics, video etc.) on another website;
• Use of the Website or its related services (such as the catalog, flyers, coupons, supplier, statistics and distributor information, graphics, video etc.), for the primary purpose of gaining advertising or subscription revenue;
• The sale of advertising, on the ZOOMcatalog website or any third-party website, targeted to the content of specific User Submissions or ZOOMcatalog content;
• And any use of the Website or its related services (such as the catalog, flyers, coupons, supplier, statistics, calculators, and distributor information, graphics, video etc.) that ZOOMcatalog finds, in its sole discretion, to use ZOOMcatalogs resources or User Submissions with the effect of competing with or displacing the market for ZOOMcatalog, ZOOMcatalog content, or its User Submissions.
You must have ZOOMcatalog’s written approval to use any of ZOOMcatalog's catalogs on any website. You may not modify, build upon, or block any portion of the catalog views or ZOOMcatalog web pages in any way.
Prohibited commercial uses do not include:
• Uploading an original catalog, flyer, coupon, video, supplier and distributor information to ZOOMcatalog, or maintaining an original catalog on ZOOMcatalog, to promote your business or products;
• Using the content to show ZOOMcatalog catalogs on an ad-enabled blog or website, provided the primary purpose of using the catalog views is not to gain advertising revenue or compete with ZOOMcatalog;
• Any use that ZOOMcatalog expressly authorizes in writing or during registration.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the ZOOMcatalog 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.
Notwithstanding the foregoing, ZOOMcatalog grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ZOOMcatalog reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, supplier and distributor information, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email, RSS feeds) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
In your use of the website, you will otherwise comply with the terms and conditions of these Terms and Conditions of Service, ZOOMcatalog Community Guidelines, and all applicable local, national, and international laws and regulations.
ZOOMcatalog reserves the right to discontinue any aspect of the ZOOMcatalog Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the ZOOMcatalog Website.
The content on ZOOMcatalog Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, catalogs, flyers, coupons, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ZOOMcatalog, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ZOOMcatalog reserves all rights not expressly granted in and to the Website and the Content.
You may access User Submissions for your information and personal use solely as intended through the provided functionality of the ZOOMcatalog Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by ZOOMcatalog on the ZOOMcatalog Website for that User Submission.
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the ZOOMcatalog Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the ZOOMcatalog Website or otherwise as prohibited under this Agreement.
You may access ZOOMcatalog Content, User Submissions and other content only as permitted under this Agreement. ZOOMcatalog reserves all rights not expressly granted in and to the ZOOMcatalog Content and the ZOOMcatalog Website.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the ZOOMcatalog Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ZOOMcatalog Website or the Content therein.
You understand that when using the ZOOMcatalog Website, you will be exposed to User Submissions from a variety of sources, and that ZOOMcatalog is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ZOOMcatalog with respect thereto, and agree to indemnify and hold ZOOMcatalog, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
As a ZOOMcatalog account holder you may submit catalog, flyer, coupon, video content ("User Catalogs including catalogs, Flyers, Coupons, Videos etc.") and textual content ("User Data"). User Catalogs and User Comments and Data are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, ZOOMcatalog does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ZOOMcatalog to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to ZOOMcatalog, you hereby grant ZOOMcatalog a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the ZOOMcatalog Website and ZOOMcatalog's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the ZOOMcatalog Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ZOOMcatalog Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Catalogs terminate within a commercially reasonable time after you remove or delete your User catalogs from the ZOOMcatalog Website. You understand and agree, however, that ZOOMcatalog may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Data and Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ZOOMcatalog all of the license rights granted herein.
You further agree that you will not, in connection with User Submissions, submit material that is contrary to the ZOOMcatalog Community Guidelines, found at http://www.ZOOMcatalog.com/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
ZOOMcatalog does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ZOOMcatalog expressly disclaims any and all liability in connection with User Submissions and User access. ZOOMcatalog does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ZOOMcatalog will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ZOOMcatalog reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
ZOOMcatalog will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer and do not pay their accounts or recurring membership and other fee’s.
ZOOMcatalog reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ZOOMcatalog may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ZOOMCATALOG WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZOOMCATALOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ZOOMCATALOG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 AND/OR FINANCIAL 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 THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZOOMCATALOG WEBSITE. ZOOMCATALOG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZOOMCATALOG WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZOOMCATALOG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL ZOOMCATALOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR 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 AND/OR FINANCIAL 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 ZOOMCATALOG 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ZOOMCATALOG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE 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 Website is controlled and offered by ZOOMcatalog from it’s and outsourced hosted facilities in the United States of America. ZOOMcatalog makes no representations that the ZOOMcatalog Website is appropriate or available for use in other locations. Those who access or use the ZOOMcatalog Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless ZOOMcatalog, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ZOOMcatalog Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the ZOOMcatalog Website.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the ZOOMcatalog Website is not intended for children under 13. If you are under 13 years of age, then please do not use the ZOOMcatalog Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ZOOMcatalog without restriction.
You agree that: (i) the ZOOMcatalog Website shall be deemed solely based in Colorado and at our hosting partner; and (ii) the ZOOMcatalog Website shall be deemed a passive website that does not give rise to personal jurisdiction over ZOOMcatalog, either specific or general, in jurisdictions other than Colorado. These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and ZOOMcatalog that arises in whole or in part from your use of the ZOOMcatalog Website shall be decided exclusively by a Federal Court in the State of Colorado. These Terms of Service, together with the Privacy Notice at http://www.ZOOMcatalog.com/ and any other legal notices published by ZOOMcatalog on the Website, shall constitute the entire agreement between you and ZOOMcatalog concerning the ZOOMcatalog Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ZOOMcatalog's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ZOOMcatalog reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the ZOOMcatalog Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ZOOMCATALOG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ZOOMCATALOG WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.