Terms and Conditions of Service

ZOOMcatalog Legal Notices

Please review ZOOMcatalog's website Terms of Service, API Terms of Service, Privacy Policy and Community Guidelines, below.

Community Guidelines

Last modified: May 12, 2018

ZOOMcatalog is the Promotional Product industry's hub for supplier marketing content. Please use it to research and find products quickly and easily, and to customize and distribute marketing content (catalogs, flyers and data) to clients and prospects.

1. Be Community Minded

Contributors of content, we trust you to be responsible and provide accurate information and safe products our community can effectively sell and make money from. For users please share ZOOMcatalog content with your customers to speed up your sales efforts.

2. Be Focused: Only Submit Quality Business Content

  • No unauthorized content is allowed – respect copyrights
  • No spam or scam content is allowed
  • No misleading or hateful content is allowed
  • No threatening content is allowed
  • No nudity or sexual content is allowed
  • No violent or graphic content is allowed
  • No harmful or dangerous content is allowed

3. ZOOMcatalog's Address

ZOOMcatalog LLC, 2270 Arapahoe Road Suite 132-234, Lafayette, CO 80026 www.ZOOMcatalog.com

Website and Web Services Terms of Service

Last modified: May 12, 2018

The ZOOMcatalog team welcomes you to the ZOOMcatalog community! Access to, and use of ZOOMcatalog's website located at www.ZOOMcatalog.com and its subdomains: zoomcustom.com, searchmycataloglibrary,com, viewmycatalogs.com, zoomcats.com (the "Site") and other ZOOMcatalog domains that will be added as well as web services and APIs (together with access to, and use of the Site, the "Service") are subject to the following Terms of Service (these "Terms") and subject to our Privacy Policy. Please familiarize yourself will the Terms. Creating an account with any of the sites or otherwise accessing or using the Service will signify that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations. These terms constitute a binding agreement between you and ZOOMcatalog LLC ("ZOOMcatalog" or "we" or "our" or "it"). If you do not agree to these terms, you may not use the Service. These terms contain warranty disclaimers, content disclaimers, data disclaimers and other provisions that limit the liability of ZOOMcatalog. Please read these terms in their entirety.

1. Service Description

The service provided by ZOOMcatalog includes the Site, APIs and applications through which you view, research, customize, search, distribute, and create content i.e. product literature and products in a library of digital content and data. The flyers, images, database, catalogs, documents, coupons, data and any other digital content are collectively, the "Content". Use of any ZOOMcatalog websites, web services, APIs, application software and/or customization software, ZOOMcatalog databases, distributor sites, dashboards, statistics and mobile application are also subject to the ZOOMcatalog License Agreement and Terms of Service.

2. Your Account

Some capabilities of the Website require that you create a user account. You may never use another person'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. 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. Certain portions of the Service are available only to individuals who have registered with and obtained a password from ZOOMcatalog. By registering with ZOOMcatalog, you certify that you are at least 18 years of age. You may not provide or use a password, email address, or any other information of anyone else when using the sites or the services.

You agree to provide true, accurate, current and complete information about yourself and your company when you register with or publish content on ZOOMcatalog, and to maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection, licensing and use and reuse of all content and services.

3. Use of the Website

ZOOMcatalog hereby grants you permission to access and use the Website as set forth in these Terms of Service, if:

  • You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions, without ZOOMcatalog's prior written authorization for the purpose of competing with ZOOMcatalog or interfering with ZOOMcatalog's business.
  • You agree not to alter or modify any part of the Website, including but not limited to ZOOMcatalog's software and content or any of its related technologies for the purpose of competing with ZOOMcatalog or interfering with ZOOMcatalog's business.
  • You agree not to access User Submissions (defined below) or ZOOMcatalog Content through any technology or means other than the provided capabilities of the Website and Services itself.
  • You agree not to use the Website, including the ZOOMcatalog catalogs, images, flyers, coupons, information, statistics and content for any commercial use not intended by the website, services and content, without the prior written authorization of ZOOMcatalog.
  • Prohibited commercial uses include any of the following actions taken without ZOOMcatalog's express approval:
    • Selling access to the Website or its related services (such as the catalog, flyers, coupons, images, supplier, statistics, data, graphics, video etc.) on another website;
    • Use of the Website or its related services (such as the catalog, flyers, coupons, images, supplier, statistics, data, 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;
    • Use of any ZOOMcatalog's 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 the content on any of the ZOOMcatalog websites or services. You may not modify, build upon, or block any portion of the Content views or ZOOMcatalog web pages in any way.

Prohibited commercial uses do not include:

  • Uploading any original Content i.e. catalog, flyer, coupon, video, supplier and distributor information data to ZOOMcatalog, or maintaining any original content on ZOOMcatalog, to promote your business or products;
  • Using the content to show ZOOMcatalog content on an ad-enabled blog or website, provided the primary purpose of using the content 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 or Content in a manner that sends more request messages to the ZOOMcatalog servers in each period 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 etc.) 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, ZOOMcatalog Data Privacy and all applicable local, national, and international laws and regulations.

3. User Conduct

You may only use the Service for lawful purposes and in accordance with these Terms and any operating rules established by ZOOMcatalog from time to time. ZOOMcatalog reserves the right to refuse service, terminate accounts, or cancel orders at any time in its sole discretion, including, without limitation, based on any activity by a subscriber in violation of these Terms or applicable laws and regulations.

4. International Users

The Service is controlled, operated and administered by ZOOMcatalog from its offices and servers located within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all applicable local laws and regulations. You agree that you will not use the Service or any Publications accessed through the Service in any country or in any manner prohibited by the United States Export Administration Act or any other applicable laws or regulations.

5. Intellectual Property

All content included as part of the Service, such as text, graphics, logos, button icons, images, as well as compilations thereof, and all software used on the Site, is the property of ZOOMcatalog or its suppliers and distributors or licensors, and is protected by United States law, and applicable international laws and treaties, including without limitation copyright and other laws and treaties that protect intellectual property and proprietary rights. You agree to observe and abide by all such applicable laws and treaties, and to not alter, obscure or remove any copyright and other proprietary notices, legends (whether outlining restrictions on use or otherwise) contained in any such content.

Each third-party Content provider owns the copyright in and to all Content original to it, including without limitation the Publications delivered or otherwise made available to you through the Service. Except as permitted by the Publication's lawful owner, you acknowledge that you do not acquire any ownership rights in a Content by accessing, downloading and/or customizing any Content provided by the Service.

Except as explicitly required under applicable copyright laws and treaties or permitted by the features of the Service, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third-party access to the Content of the Site, or any portion of them without the express permission of ZOOMcatalog and the owner of such Content.

We do not grant you any licenses, express or implied, to the intellectual property of ZOOMcatalog or our licensors except as expressly authorized by these Terms.

6. Third-Party Content

ZOOMcatalog is a distributor (not a creator or publisher of product related Content) of the Content. Accordingly, we have no editorial control over the Content. Any safety data, opinions, advice, statements, services, offers, pricing, details or other information or Content expressed or made available by third parties (e.g. but not limited to Product Suppliers and Manufacturers), including those made in the Content offered by the Service, are those of the respective manufacturer(s), supplier(s), distributor(s), author(s), creator(s) or publisher(s) and not of ZOOMcatalog. ZOOMcatalog does not guarantee the accuracy, completeness, truthfulness, or usefulness of all or any portion of any Content or any services, products, pricing or offers made by third parties, nor will we be liable for any loss or damage caused by your reliance on information contained in any Content, or your use of services offered, or your acceptance of any pricing, details or offers made through the Service or the Content.

The Service may contain APIs or links to or from other Internet sites and third-party resources. ZOOMcatalog does not assume any responsibility or liability for communications or materials available through such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order for products or services through, or otherwise use a third-party site.

These terms of service also apply to this third-party content stored on ZOOMcatalog when it is may be made available by third parties on their own websites, social networks and applications and any other medium.

You understand that when using the ZOOMcatalog Website (SITE) and Services, 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, suppliers, distributors, manufacturers, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

7. Your User Submissions and Conduct

As a ZOOMcatalog account holder you may submit Content i.e. catalogs, flyers, coupons, video content, data and textual content ("User Data" and "Content Related Data"). User Content, Content Related Data and User Data are collectively referred to as "User Submissions." You understand that whether such User Submissions are published, ZOOMcatalog does not guarantee any accuracy or 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. 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 all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website, Services and these Terms of Service.

You retain all your ownership rights in your User Submissions. However, by submitting User Submissions to ZOOMcatalog, you hereby grant ZOOMcatalog a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, customize, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the ZOOMcatalog Website, Services 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 Content terminate within a commercially reasonable time after you expire, remove or delete your User Contents from the ZOOMcatalog Website and Services. 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 Content are perpetual and irrevocable.

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 the license rights granted herein.

You further agree that you will not, submit material that is contrary to the ZOOMcatalog 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 all liability about any 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. Modifications to Service

ZOOMcatalog reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or Content (or any part thereof), including the removal of Content, with or without notice. Your continued use of the Service shall serve as your consent to any such modifications to the Service. You agree that ZOOMcatalog shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. Disclaimer of Warranties

The service and all contents are provided on an "as is" and "as available" basis. ZOOMcatalog, its affiliates, suppliers, manufacturers, distributors, licensors and agents expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a purpose and non-infringement. Without limiting the foregoing, neither ZOOMcatalog nor its affiliates, suppliers, distributors, manufactures, publishers, licensors or agents, makes any warranty that (a) the service will meet your requirements, (b) the service will be non-uninterrupted, timely, secure, or error-free, (c) the information that may be obtained from the use of the service or that may be contained in the publications will be accurate or reliable, or (d) the quality of any publications or the service will meet your expectations.

You are solely responsible for obtaining and maintaining reliable internet connectivity. ZOOMcatalog is not responsible for your inability or the speed to view, access, customize or download or otherwise access, customize or use content.

Any content downloaded or otherwise obtained using the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system, business or loss of data that results from the download or use of any such material.

No advice or information, whether oral or written, obtained by you from ZOOMcatalog or through or from the service shall create any warranty.

9. Limitation of Liability

To the maximum extent permitted by applicable law, neither ZOOMcatalog nor its affiliates, distributors, manufacturers, suppliers licensors, or agents will be liable under any theory of law, for any indirect, incidental, punitive, or consequential damages. To the maximum extent permitted by applicable law, the aggregate liability of ZOOMcatalog for claims arising from your use of the service or publications or otherwise shall be limited to the fees paid by you to ZOOMcatalog for the portion of the service or content giving rise to the claim.

10. Indemnification

You agree to defend, indemnify and hold harmless ZOOMcatalog, its licensors, suppliers, distributors and any third-party content providers and their respective directors, officers, employees and agents from and against all claims, losses, expenses, damages and costs, including attorney's fees, arising out of or resulting from (a) your use of the Service or the Content, (b) your violation of these Terms, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service or the Publications using your account.

11. Monitoring

ZOOMcatalog retains the right, but not the obligation, to monitor the Service to determine compliance with these Terms and any operating rules established by ZOOMcatalog, to insure accurate and proper delivery and functionality of the Services, and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we retain the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of ZOOMcatalog's or its licensors' obligations.

12. Termination

ZOOMcatalog may terminate the Service at any time. Without limiting the foregoing, ZOOMcatalog may, in its sole discretion and without liability, terminate your password, or use of the Service for any reason, including, without limitation, if ZOOMcatalog believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and ZOOMcatalog may immediately deactivate or delete your account and all related information and/or bar any further access to the Service. The terms of the service shall survive termination of these Terms.

13. Subscriptions

Certain of our Services are offered on a subscription basis ("Subscription"). A valid credit card or other payment method ("Billing Method") accepted by ZOOMcatalog is required at the time of registration for such Services, and you agree to be billed periodically, based on the length of your Subscription. You agree to keep all Billing Method and other required information current. All Subscriptions will include "Continuous Service" which enables you to receive uninterrupted access to such Service, and delivery of associated Content and Services until you cancel your Subscription. If your Billing Method has expired at the time of Subscription renewal, ZOOMcatalog may immediately suspend, deactivate or delete your account and access to the Service. You may cancel a Subscription at any time.

15. Free Membership

Approved valid distributors can sign up for a free membership and use the distributor tools. This will be available if the free service is still offered by ZOOMcatalog.

18. Miscellaneous

These Terms, the API License Agreement and community guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between ZOOMcatalog and you with respect to your use of the Service and supersede all previous written or oral agreements between us with respect to the subject matter hereof. These Terms shall be governed by the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Boulder County, Colorado and the United States District Court for Boulder County of Colorado with respect to any dispute arising under or relating to your use of the Service or these Terms. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

19. Notification of Changes

From time to time, ZOOMcatalog may revise its Terms, Community Rules and its Privacy Policy to keep them up to date with its products and services. Please refer to the Site periodically for any changes. Changes will become effective upon posting.

20. Marketing and Reuse

ZOOMcatalog may create and use snapshots or live versions of the website, Content and any associated web services and applications, including screenshots, video, or other content from your API deployment, and may use your company or product name. You grant us all necessary rights for the above purposes.

21. ZOOMcatalog's Address

ZOOMcatalog LLC
2270 Arapahoe Road Suite 132-234
Lafayette, CO 80026
www.ZOOMcatalog.com

Privacy Policy

Last modified: May 12, 2018

The ZOOMcatalog Privacy Policy describes the privacy practices of ZOOMcatalog's software and websites.

1. This Privacy policy encompasses

This policy describes the practices of ZOOMcatalog's websites, services, web apps and mobile apps This privacy policy also applies to ZOOMcatalog's business practices for marketing and advertising. Please also see the Terms of Use and any additional Terms of Use or Product License Agreements that may apply to the app or website you are using.

2. ZOOMcatalog collects the following

  • Credentials, registration, and customer support

    When you register to use an app, service, or website or create an ID, or contact us for support or other offerings, information is collected that identifies you. This includes information such as your name, company name, email address, or payment information. We may also sometimes collect other information that does not identify you, such as which types of apps you're interested in.

  • Apps, Services and Websites

    Information about how you use the content, apps, services and websites, is collected. We collect information sent by your browser or device to our servers whenever you use content, a service, a website or use an app. For example, your IP address may tell us in what vicinity where you are located and the type of browser and content you used. Dashboards also report on content and user access statistics.

  • Emails

    Emails we send you may include a technology (called a web beacon) that tells ZOOMcatalog whether you have received or opened the email, or clicked a link in the email. A web beacon is an object embedded in a web page or email, which unobtrusively (usually invisibly) allows checking that a user has accessed the content. Common uses are email tracking and page tagging for web analytics. If you do not want us to collect this information from marketing emails, you can opt out.

  • Online advertising

    ZOOMcatalog displays its ads to you on other companies' websites, social networks, video networks and apps. Add related information may be collected.

  • Third party links, tools and content

    The apps and websites may include buttons, tools, or content that link to othercompanies' services (for example, a Facebook "Like" button) and their apps and websites may link to ZOOMcatalog content. We may collect information about your use of these features.

  • Social networking pages and social sign-on services

    ZOOMcatalog social networking sites may collect information when you interact with the social networking pages or use these sign-on features.

3. How the information used

The information we collect about may be used in several ways as demonstrated below:

  • Understand how and when the websites and apps and content are being used
  • Trouble shooting problems in services, APIs, apps and websites
  • Tailoring ads to your likely interests
  • Sending you business correspondence e.g. payments or expirations of content etc.
  • Sending you updates related to new app releases, special offers, etc.
  • Conducting market research
  • Apps and content may have other specific collections

4. Cookie Statement.

This is the Cookie Statement issued by ZOOMcatalog. This Cookie Statement contains information on the use of cookies on this website. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. ZOOMcatalog uses cookies in order to investigate opportunities to further optimize and protect the website. You have the option to disable cookies in your browser. However, if you do so ZOOOMcatalog cannot guarantee that all services and features on the website will function correctly.

ZOOMcatalog will not set cookies without your consent, unless it is a cookie that is necessary to provide a specific functionality. This means that ZOOMcatalog may use session cookies to keep track of your input when filling online forms, to remember the content of your shopping cart, to authenticate you once you have logged in, or to register that you have agreed to the use of cookies.

5. Sharing Information

Sharing may happen with business partners who work with us on development, customer support, processing credit card payments, sending emails on our behalf.

Sharing may take place

  • Doing development and debugging and optimization
  • When agreed by end users
  • Within our supplier and distributor community
  • In response to a subpoena, court order, or other applicable law or legal process
  • To secure ZOOMcatalog apps, website and servers
  • Statistical analyses of usage and other patterns

6. Published Content

You can publish or have ZOOMcatalog publish your content to the public or limit this publishing. If you wish the content to be removed please contact ZOOMcatalog.

7. Security

The systems provide administrative, technical, and physical security controls to protect your personal information. No security controls are 100% effective and ZOOMcatalog cannot warrant the security of your personal information.

8. Storage

Information is stored on ZOOMcatalog's IT Infrastructures either at ZOOMcatalog or services providers. Information may be housed internationally as we may have servers located in multiple countries.

9. Policy Updates

ZOOMcatalog may change this privacy policy to facilitate or share information using new techniques. Changes will become effective upon posting.

Who can I contact with questions or concerns?

If you have a privacy question or concern, please contact ZOOMcatalog.

10. ZOOMcatalog's Address

ZOOMcatalog LLC
2270 Arapahoe Road Suite 132-234
Lafayette, CO 80026
www.ZOOMcatalog.com

ZOOMcatalog APIs and Associated Applications Terms of Service

Last modified: May 12, 2018

Thank you for using ZOOMcatalog's APIs, services, infrastructure, applications, websites, databases and software (collectively, "APIs"). When you access or use our APIs and associated applications, you are agreeing to the terms and conditions below.

You agree to comply with the Terms and that the Terms determine your relationship with us. If you use the APIs in conjunction with other ZOOMcatalog products or services, then the terms for those other products or services also apply.

We may refer to "ZOOMcatalog" as "ZOOM's", "ZOOM", "we", "our", "its", or "us" in the Terms.

1. Account and Registration

  • Accepting These Terms

    You agree not use the APIs or accept the Terms if (a) you are not of legal age to form a binding contract with ZOOMcatalog, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries

  • Entity Wide Acceptance

    You agree only to use the APIs in your entity, if you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity

  • Registrations

    You agree to keep registration information you give to ZOOMcatalog accurate and up to date.

  • Associated Companies

    You agree that the terms will also govern your relationship with associated ZOOMcatalog companies and customers who may provide the APIs to you on behalf of ZOOMcatalog.

2. Use of ZOOMcatalog APIs and Associated Applications and Databases Entities Users

You agree that end users must also comply with applicable laws, regulations, and the Terms.

  • Legal Use

    You agree to only use the APIs for the business purpose and that the API was provided to encourage or promote legal activity and not violate third party rights. You will not violate any other terms of service with ZOOMcatalog.

  • Allowed Access

    You agree to only access an API as described in the documentation of that API and to not misrepresent anyone or any things identity when using the APIs or developer accounts.

  • API Quota's

    You agree that ZOOMcatalog may set and enforces quotas on your APIs to prevent excessive use (e.g. the allowed number of API calls or on the number of users you may serve).

  • Suggestions and Input

    You agree that input and suggestions may be used without obligation to you.

  • Non-Exclusivity

    You agree that ZOOMcatalog can develop software that may compete with the API and associated services.

3. API and Application Clients

  • Monitoring API Clients

    You agree that ZOOMcatalog can monitor the APIs for usage statistics, quality and compliance to the terms.

  • Suspension

    You agree that ZOOMcatalog may suspend access to the APIs without notice if we reasonably believe that the Terms have been breached.

  • Security

    You agree to protect user information (as required by the law) collected by your API Client, including PII (personally identifiable information), from un permitted access to report to your this access to your users.

  • Ownership

    You agree that ZOOMcatalog does not have any ownership in your API Clients, and you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.

  • User Privacy and API Clients

    You agree that you will be compliant with applicable privacy laws and regulations including those applying to PII and specific industry regulations. You also agree to adhere to a privacy policy for your API Client to clearly and accurately describe to API Client user the information you collect and how you use and share such information.

4. Preventions and Confidentiality

API Preventions

You agree that you or anyone acting on your behalf should not:

  • Sublicense an API or offer an API Client that functions substantially the same as ZOOM's APIs and offer it for use.
  • Do anything that will inject any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature into ZOOMcatalog products and services.
  • Defame, abuse, harass, stalk, or threaten anyone.
  • Hinder or interfere with the APIs, the computer infrastructure running the APIs.
  • Do any unlawful business or disrupt the API data flows.
  • Reverse engineer the API and/or any related software.
  • Use the APIs in any way that could lead to death, personal injury, or environmental damage.
  • Use the APIs in association with any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
  • ZOOMcatalog makes no representations that the APIs satisfy HIPAA requirements and you will not use the APIs for any purpose or in any manner involving transmitting protected health information to and/or from ZOOMcatalog.
  • Interfere in anyway with ZOOMcatalog business, SITES, Content, terms of service or any links to or notices of those terms.

Confidential Matters

You agree that developer credentials (such as passwords, keys, and client IDs) are intended to be used only by you. You will keep your credentials secure and confidential.

ZOOMcatalog confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential. You will not disclose any ZOOMcatalog confidential information to any third party unless compelled to do so by law if you provide ZOOMcatalog reasonable prior notice, unless a court orders differently.

5. Content

API Content

You agree that APIs contain third party rich media content (including but not limited to text, images, videos, audio, PDF's, documents, data or software). All content is the sole responsibility of the person that provides data through any ZOOMcatalog application or API. ZOOMcatalog may review content to establish whether it is illegal or violates our policies or the Terms, and may remove or refuse to display content. Content that is subject to intellectual property rights, may not be reused if you are not licensed to use it.

Submission of Content

ZOOMcatalog applications and APIs allow submission, access and storing of content and you retain ownership of this content. To enable ZOOMcatalog to test, develop and run the APIs and applications, you give ZOOMcatalog a perpetual, irrevocable, worldwide, sub license, royalty-free, and non-exclusive license to host, store, publish, reuse the content submitted, stored, posted, or displayed by the APIs and applications. You must ensure that you have the necessary digital rights to grant ZOOMcatalog the license.

Non-public content

Non-public content exposed to the applications or APIs, may not be disclosed to other users or to third parties without explicit opt-in consent from that user.

Content usage

You will not, and will not permit your end users or others acting on your behalf to, do the below with content returned from the APIs or ZOOM application unless allowed by the content owner or by applicable law:

  • Reuse the content in anyway other than the intended ZOOMcatalog use.
  • Misrepresent ownership
  • Interfere with any copyright, trademark, or other proprietary rights notices
  • Modify or delete any associated metadata

6. Brand Attributes

Brand Attributes

Trade names, trademarks, service marks, logos, domain names, and other distinctive brand attributes of each party. Neither party is granted any right, title, or interest in or to the other party's Brand Attribute.

Acknowledgements

You agree to display any acknowledgements required by ZOOMcatalog as described by the API. You are granted a nontransferable, non-sub licensable, non-exclusive license while the Terms are in effect to display ZOOMcatalog's Brand Attributes with use of the APIs.

Marketing and Reuse

ZOOMcatalog may create and use snapshots or live versions of the integration, including screenshots, video, or other content from your API deployment, and may use your company or product name. You grant us all necessary rights for the above purposes.

7. Privacy and Copyright Protection

Privacy Policies

By using our APIs, ZOOMcatalog may use ingested information in accordance with our privacy policies.

DMCA (Digital Millennium Copyright Act) Policy

If you detect a violation of your copyrights you can notify ZOOMcatalog.

8. Ending Service usage

Ending Service usage

Please notify ZOOMcatalog and we will assist you.

Post-Termination Requirement

After termination, you must immediately stop using the API, stop using the ZOOMcatalog Brand Attributes, and delete all content.

9. Liability for our APIs

Warranties

Neither ZOOMcatalog nor its suppliers or distributors make any promises about the APIs or applications. E.g. we don't make any commitments related to the applications or content accessed through the APIs, the specific functions of the APIs, applications or their accuracy, scalability, pearformance, reliability, availability, or ability to meet your needs. We provide the applications and APIs "as is".

We exclude all warranties, guarantees, conditions, representations, and undertakings.

Limitation of liability

When permitted by law, ZOOMcatalog, and its suppliers and distributors, will not be responsible for any lost profits, revenues, sales or data; financial losses; or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of ZOOMcatalog, and its suppliers and distributors, for any claim under the terms, including for any implied warranties, is limited to the amount you paid us to use the applicable APIs (or, if we choose, to supplying you the APIs again) during the six months prior to the event giving rise to the liability.

In all cases, ZOOMcatalog, and its suppliers and distributors, will not be liable for any expense, loss, or damage that is not reasonably foreseeable.

Indemnification

Unless prohibited by applicable law, if you are a business, you will defend and indemnify ZOOMcatalog, and its affiliates, directors, officers, employees, customers and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

  • your misuse or your end user's misuse of the APIs;
  • your violation or your end user's violation of the Terms; or
  • any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.

10. General Provisions

Modifications and Updates and Changes

ZOOMcatalog may modify any of the terms, to reflect changes to the application, service, law or changes to our applications or APIs. You should review the Terms regularly. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.

General Legal Terms

We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third-party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and ZOOMcatalog does not act right away, this does not mean that ZOOMcatalog is giving up any rights that it may have (such as acting in the future). If it turns out that a term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and ZOOMcatalog relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact ZOOMcatalog, please visit our contact page.

Except AS SET FORTH BELOW: (I) THE LAWS OF Colorado, USA., EXCLUDING Colorado's conflict of laws rules, will apply to any disputes arising out of or related to the terms or the APIs and associated applications and (II) all claims arising out of or relating to the terms or the APIs will be litigated exclusively in the federal or state courts of boulder county, Colorado, USA, and you and ZOOMcatalog consent to personal jurisdiction in those courts.

ZOOMcatalog's Address

ZOOMcatalog LLC
2270 Arapahoe Road Suite 132-234
Lafayette, CO 80026
www.ZOOMcatalog.com

©2006 - 2018 All Rights Reserved ZOOMcatalog™ is a registered trademark Patent US8407197