legal/privacy

ZoeCity Terms of Service

Welcome to ZoeCity, an online positive personal networking service operated by ZoeCity and its affiliates. By using ZoeCity web site in any way, you accept that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement")

We reserve the right to modify ZoeCity service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

These Terms of Use, any other policies of the Company posted by us on the Web site, constitute the entire agreement between you and ZoeCity regarding the use of the Web site and/or the Service. The failure of ZoeCity to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

It is very important that you (and your parents or guardians, if you're under age 18) review the following Terms and Conditions carefully before using the Site. By using or accessing, or continuing to use or access, this site you signify your acceptance of and agreement to these TOS without modification

AGE REQUIREMENT:

YOU MUST BE 13 YEARS OF AGE OR OLDER IN ORDER TO JOIN ZOECITY. CHILDREN UNDER 13YRS ARE NOT PERMITTED TO JOIN ZOECITY. IF YOU ARE BETWEEN THE AGE OF 13 AND 17, YOU ARE ENCOURAGED TO GET PERMISSION FROM YOUR PARENT OR GUARDIAN TO USE ZOECITY. DEPENDING ON THE NATURE OF ANY CUSTOMER SERVICE INQUIREIES THE ZOECITY STAFF MAY ADVISE TEENAGERS TO GET PARENTS PERMISSION IN ORDER TO CONTINUE THE SERVICE. IF YOU OR YOUR PARENT OR GUARDIAN HAS ANY CONCERNS, PLEASE FEEL FREE TO CONTACT US AT safety@zoecity.com

Eligibility

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete,ÊZoeCity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZoeCity has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). ZoeCity is concerned about the safety and privacy of all its users, particularly children. You must be over thirteen years of age to register for ZoeCity services. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions and will abide by such Terms and Conditions.

Privacy

Use of ZoeCity Services is also governed by our Privacy Policy.

MEMBER CONDUCT

You understand that all information content or otherwise such as data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not ZoeCity, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. ZoeCity does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ZoeCity be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Service. You agree to not use the Service to:

a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b) Solicit personal information or harm minors or anyone under 18Êin any way;

c) impersonate any person or entity, including, but not limited to, a ZoeCity official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);

h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k) intentionally or unintentionally violate any applicable local, state, national or international law

l) provide material support or resources in any way to any organization(s) designated by the United States government as a foreign terrorist organization

m) "stalk" or otherwise harass another; and/or

n) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that ZoeCity may or may not pre-screen Content, but that ZoeCity and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. You acknowledge that the determination regarding any Content (and in particular whether such content violates any of the foregoing restrictions) shall be made exclusively by ZoeCity, in its sole discretion. Without limiting the foregoing, ZoeCity and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ZoeCity or submitted to ZoeCity, including without limitation information in ZoeCity Message Boards and in all other parts of the Service. You acknowledge, consent and agree that ZoeCity may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce the TOS;

(c) respond to claims that any Content violates the rights of third parties;

(d) respond to your requests for customer service;

(e) protect the rights, property or personal safety of ZoeCity, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ZoeCity and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited

Content Submitted

ZoeCity does not claim ownership of content you submit. However by posting any content to any part of the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or ZoeCity removes such Content from the Service

Restrictions on Posting Content

You are solely responsible for all Content Posted under your user name, including but not limited to photographs, audio, and video recordings as well as interactions with other members.Ê You may use ZoeCity for lawful purposes only.Ê You may not Post or transmit, whether publicly or privately, any material that (1) contains viruses, Trojan horses, worms or any other harmful programs, (2) violates any applicable law restricting the export or import of data, software, or any other content, or encourages conduct that would constitute a criminal offense, (3) gives rise to civil liability, or (4) otherwise violates any applicable local, state, national or foreign law or regulation..

Rights to Content Posted to Public Areas

If you use ZoeCity to Post Content or other information to public areas, other people will have access to this information and Content.Ê You may only Post to public areas, Content that you created or which the owner of the Content has given you permission to Post.Ê By Posting Content to public areas, you represent and warrant that you own the rights to this Content or are authorized to use and distribute this Content to public areas.Ê You further represent and warrant that this content does not and will not infringe any other third party right nor violate any applicable law or regulation.

Again, You or the owner of the Content retain ownership of all right, title and interest in Content that you Post to public areas.Ê However, by submitting or Posting Content to public areas, you grant ZoeCity, its affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium.ÊÊ This includes, but is not limited to a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content. You will not be compensated for any Content which you Post to public areas.

Copyright Policy.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. We take this serious and It is our policy to terminate member accounts who repeatedly infringes the copyright rights of others upon receipt of prompt notification to ZoeCity by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the ZoeCity Site or domain that constitutes copyright infringement, or are aware of any infringing material on the Web site, please quickly contact us at copyright@ZoeCity and make you provide us with the following information:

(1) Your PII (personal identifier information) such as your address, telephone number, and email address

(2) A description of the copyrighted work that you claim has been infringed

(3) A description of where the material that you claim is infringing is located on the Web site

(4) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(5) A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Member Disputes.

You are solely responsible for your interactions with other ZoeCity Members. ZoeCity reserves the right, but has no obligation, to monitor disputes between you and other Members

Inactive Status

You must use your user name on a regular basis by logging into ZoeCity in order to keep your user name and membership active.Ê We may, without notification, cancel your membership and user name and delete the Content Posted by any Member who has not used such user name for a period of ninety (90) days.Ê If your user name is cancelled, you will need to re-register for a membership and obtain a new user name to gain access to any registration based service of ZoeCity

Affiliated Sites

ZoeCity has no control over, and no liability for any third party websites, content or materials. ZoeCity works with a number of partners and affiliates whose Internet sites may be linked with us. We make no guarantees about the accuracy, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of ZoeCity, you may have access to content owned by third parties. You acknowledge and agree that ZoeCity makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that unless expressly provided otherwise, this Agreement shall govern your use of any and all third party content.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Seattle Wa for any claim or action arising out of or relating to these Terms of Use or Your use of the ZoeCity Service.Ê

Disclaimers.

The Company is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether posted or caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Web site or the Service. ZoeCity disclaims any and all responsibility and liability for the conduct of any Member.

ZoeCity.com is not responsible for any incorrect or inaccurate Content posted on the ZoeCity Website or in connection with the ZoeCity Services, whether caused by Users of the ZoeCity Services or by any of the equipment or programming associated with or utilized in the ZoeCity Services. Contents created and posted by Members on the ZoeCity Website may contain links to other websites.

ZoeCity.com is not responsible in now way directly or indirectly for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ZoeCity.com. Inclusion of any linked website on the ZoeCity Services does not imply approval or endorsement of the linked website by ZoeCity.com. When you access these third-party sites, you do so at your own risk.

ZoeCity.com is not responsible for the conduct, whether online or offline, of any User of the ZoeCity Services. ZoeCity.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Under no circumstances shall ZoeCity.com be responsible for any loss or damage, including personal injury or death, resulting from use of the ZoeCity Services, attendance at a ZoeCity.com event, from any Content posted on or through the ZoeCity Services, or from the conduct of any Users of the ZoeCity Services, whether online or offline. The ZoeCity Services are provided "AS-IS" and as available and ZoeCity.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ZoeCity.com cannot guarantee and does not promise any specific results from use of the ZoeCity Services

THE ZOECITY.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE ZOECITY.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ZOECITY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

YOU AGREE THAT YOUR USE OF THE ZOECITY.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.

U.S. Export Controls.

Software available in connection with the ZoeCity Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the ZoeCity Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Links

As a convenience for its users, ZoeCity may provide links on this website to other websites owned by third parties. Unless otherwise stated, ZoeCity does not endorse or control these third parties and takes no responsibility for them or their websites.

Limitation on Liability.

IN NO EVENT SHALL ZOECITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR DATA OR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ZOECITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZOECITY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO EITHER THE AMOUNT PAID, IF ANY, BY YOU TO ZOECITY FOR THE ZOECITY SERVICES DURING THE TERM OF MEMBERSHIP OR ONE HUNDRED AND FIFTY DOLLARS ($150)

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ZOECITY, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, DIRECTORS,OFFICERS, AND AGENTS HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYSÕ FEES MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF ZOECITY IN VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.

Other

This Agreement is accepted upon your use of the ZoeCity Website or any of the ZoeCity Services and is further affirmed by you when you register. This Agreement constitutes the entire agreement between you and ZoeCity.com regarding the use of the ZoeCity Services. The failure of ZoeCity to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ZoeCity.com is a trademark of ZoeCity, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions

Contact us. If you have any questions about this Terms of Service Agreement, please contact us at legal@ZoeCity.com

Privacy for ZoeCity

The personal information we collect. We collect your personal information solely for the purpose of providing you specific services. For instance, our system uses your user name and password so that you (and nobody else) can upload photos and change your site. We use your email address to send you information about your site and announce new features. Occasionally we might send you an email to update you about our service.

Cookies. Cookies are small files placed onto your computer that store certain information. Our cookies only store certain information, which enhances your experience of creating or browsing through ZoeCity site. It also enables us to track the traffic on our site. We only store information created by the ZoeCity server

Public Information.Ê The Website contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We also make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.

Privacy updates. In the future, we or our partners may modify this privacy policy, or certain functionality might be provided by different vendors than those mentioned above. Please visit from time to time this page or the websites of our partners to review the most current privacy policies.

Third Party Cookies. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique "cookie" on your browser.

If you have questions or concerns regarding our privacy policy, please contact us at privacy@zoecity.com

Lost or Stolen Information

You must promptly notify us if your user account id, or password is or you have cause to believe lost, stolen, used without permission. In such an event, we will remove thatÊ username, or password from your account and update our records accordingly