Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various Zocialized services. ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER MAY REGISTER FOR ZOCIALIZED. By completing the registration process for the zocialized website, you represent that you are 18 years of age or older, and can and will be legally bound by this Agreement. If you are a minor, your parent or guardian must read and accept the terms of this Agreement before you register. No Member may participate where doing so would be prohibited by any applicable law or regulation.
Zocialized reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Zocialized's sole discretion. The most recent version of this Agreement will be posted on the Zocialized website. Although Zocialized will provide notice of material changes to this Agreement on the Zocialized website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Zocialized in any way, Member's only recourse is to immediately: (1) discontinue use of Zocialized; (2) terminate Zocialized registration; and (3) notify Zocialized of termination.
B. Description of Services
As a Member, you will be provided with a variety of Services, as described on the Zocialized website. Members may also utilize certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. Zocialized reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at Zocialized's sole discretion, with or without notice to Members, and with no obligation to Members.
C. Member Conduct
Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. Zocialized reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does Zocialized guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, Zocialized, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that Zocialized deems appropriate to enforce its rights and pursue all available remedies. Without limitation, Zocialized reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
Members shall not engage in any activity that constitutes harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Member's use of site or stalking.
Members shall not list the email addresses of people unknown to them.
Members shall not list as referrals any email addresses that are fake, fictitious, or made up.
Members shall not list as referrals any email addresses which are owned by or belong to that member.
Members shall not attempt to interfere with any other person's use of the Services.
Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, a Zocial employee or moderator.
Members shall not hold themselves out as sponsored by, endorsed by, or affiliated with the Zocialized website.
Members shall not use any portion of the Zocialized website or the Services to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation.
Members shall not use any portion of the Zocialized website or the Services to post, upload, email, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
Members shall not engage in any activity that is patently offensive or promote or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual.
Members shall not use any portion of the Zocialized website or the Services to post, share, promote, depict, encourage, solicit or exchange Content Harmful to Minors.
Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
Members shall not post content that displays pornographic or sexually explicit material of any kind.
Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
Members shall not attempt to gain unauthorized access to Zocialized's database or other computer systems.
Members shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Zocialized in connection with the Zocialized website or the Services.
Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Zocialized website.
Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in paragraph #1 through #18 above.
Members shall not use any portion of the Zocialized website or the Services for any unlawful purpose.
Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.
Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
Members shall not publicly post information that poses or creates a privacy or security risk to another person.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Zocialized and its designees. Zocialized has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the Zocialized Services. Zocialized and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of Zocialized. Zocialized is not obligated to provide a Member with a warning prior to removal.
E. Document Retention Schedule
All personal information collected by Zocialized in connection with your use of the Zocialized website, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, ip addresses and other data, will be stored by Zocialized indefinitely in a safe and secure manner.
F. Notice Regarding Commercial Email
MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM ZOCIALIZED, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY Zocialized FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
G. Member Account and Password
Once Member registers for Zocialized, Member will have a password and an account with Zocialized. Member is responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify Zocialized of any unauthorized use of Member's account or any other breach of security known to Member.
Zocialized may offer the Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Services that are accessible on or through the Mobile Applications. If you use the Services on a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. Although we provide our Services through the Mobile Websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.
I. Copyrights, Trademarks, Patents and Intellectual Property Rights
Member acknowledges that messages, files or other materials ("Content") contained on the Zocialized website and within Zocialized email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by Zocialized and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use Zocialized Content or third party Content only as expressly authorized by Zocialized or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the Zocialized Content or third party Content without expressly being authorized to do so by Zocialized or the third party advertiser. Member may make a copy of the Zocialized Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although Zocialized does not claim ownership of content that its Member's may provide to Zocialized, by providing content to Zocialized, Members automatically grant, and represent and warrant that they have the right to grant, to Zocialized a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicenseable, license to use, copy, perform, display, and distribute said content.
Zocialized respects the intellectual property of others, and we ask our users to do the same. Zocialized may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. Zocialized will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Zocialized's Copyright Agent with a written notification containing at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
By email: [email protected].
In your notification you must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work or works claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information sufficient to permit us to contact the complaining party (e.g. address, telephone number, an electronic mail address);
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You and Zocialized agree that, except as otherwise specifically provided in this Agreement, you and Zocialized shall seek to resolve any and all disputes between Zocialized and you, respectively, including, without limitation, all claims, counter-claims and cross-claims (collectively, "Claims"), whether in law, equity or otherwise, solely through individual arbitration in accordance with the policies and procedures set forth in this Agreement. Such disputes shall include without limitation:
disputes arising out of and/or otherwise relating to any Services and/or any content on the Zocialized website;
disputes arising out of and/or otherwise relating to any information, communications and/or other material that you and/or any other person and/or entity provide to and/or through the Zocialized website;
disputes arising out of and/or otherwise relating to any information and/or other material that is collected, stored and/or disseminated by, on behalf of and/or with the approval of Zocialized;
disputes arising out of and/or otherwise relating to any advertising and/or other communications by Zocialized in connection with the Zocialized website;
disputes that are the subject of purported class action litigation in which you are not a member of a certified class;
disputes that arose before you entered into this Agreement and/or any prior version of this Agreement;
disputes that may arise after you terminate your registration with the Zocialized website; and
disputes arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
Notwithstanding the foregoing, and in lieu of arbitration, either you and/or Zocialized may bring an individual action against the other in small claims court. Additionally, you and/or Zocialized may bring any Claim against the other to the attention of a federal, state and/or local government entity, which may elect to seek relief against Zocialized on your behalf, and/or against you on Zocialized's behalf.
You agree that you and Zocialized hereby have voluntarily and intentionally waived any and all right to a trial by jury, and (except as otherwise specifically provided in this Agreement) any and all right to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute provision. This Dispute provision shall survive termination of this Agreement.
If there is a dispute between participants on this site, or any third party, Zocialized is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases Zocialized and its directors, officers, employees, agents, independent contractors, representatives, parents, subsidiaries, affiliates, successors, assigns and licensees from all claims, actions, losses, liabilities, judgments, damages, costs and expenses of every kind or nature (regardless of whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed), arising out of or in any way related to such disputes and/or any the Services.
Either party may terminate use of the Zocialized website or the Services with or without cause at any time and effective immediately upon written notice to the other party. Zocialized may terminate with or without cause at any time and effective immediately, at Zocialized's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. Zocialized shall not be liable to Member or any third party for termination of use of Zocialized or the Services. Member's right to use Zocialized or the Services shall cease immediately. Member shall have no right and Zocialized will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.
L. DISCLAIMERS OF WARRANTIES
MEMBER AGREES THAT USE OF THE ZOCIALIZED WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE ZOCIALIZED WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ZOCIALIZED DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ZOCIALIZED WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, ZOCIALIZED DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ZOCIALIZED WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE ZOCIALIZED WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ZOCIALIZED DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ZOCIALIZED WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
M. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ZOCIALIZED BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE ZOCIALIZED WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ZOCIALIZED WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE ZOCIALIZED WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ZOCIALIZED WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ZOCIALIZED WEBSITE OR THE SERVICES OR ANY LINKS ON THE ZOCIALIZED WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ZOCIALIZED WEBSITE OR THE SERVICES OR ANY LINKS ON THE ZOCIALIZED WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Member agrees to indemnify and hold Zocialized, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold Zocialized harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.
O. Governing Law
The Agreement and the relationship between Member and Zocialized shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and Zocialized nevertheless agree that the court should endeavor to give effect to your and Zocialized's intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to Zocialized, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Zocialized makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws.
The Agreement constitutes the entire agreement between Member and Zocialized and governs your use of Zocialized and the Services, superseding any prior agreements between Member and Zocialized. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Zocialized to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail.
Q. Contacting Zocialized
Users with questions about this Terms of Service and any of the aforementioned statements may contact Zocialized at [email protected].