Date of Last Revision: August 8, 2015
Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations.
You are aware that Users must be at least thirteen (13) years of age to use the Service. You hereby represent and warrant that you are at least thirteen (13) years of age.
This Agreement shall remain valid till such time as you continue using the service. Zoomin USA Inc may terminate your access to the service, the obligations under this Agreement will remain in effect.In the course of terminating your account, Zoomin USA Inc may delete any information related to the account and there will be no liability related to the deletion of the account or the information related to the account
You represent and warrant that if you are purchasing something from Zoomin USA Inc. that (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.(iv) You agree to pay all fees and charges incurred in connection to your order including but not limited to shipping charges and any taxes that may be levied
In the case of a dispute you must notify us within seven (7) days of recieving your credit card statement. The notification shall be sent to the following address: Zoomin USA Inc. Customer Service, 4040 Locust Street (c/o First Round), Philadelphia, PA 19104 or via email at [email protected].
Zoomin USA Inc. follows a no questions asked return policy within a period of one (1) month of the delivery of the product.
The service includes services that are provided by mobile carriers, you may be charged based on your contract with your carrier for Mobile data or text SMS services, please ensure that you are aware of these charges before you use our service.
Password and Account Security
When you register for our service you create a user name and password of your choice. Please ensure that these credentials are kept safely. In the event you feel that your user name and password has been misused please ensure that you send a mail to [email protected]
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content and Materials contained in the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content and Materials, to obtain or attempt to obtain any information through any means not purposely made available by Zoomin USA Inc. through the app.
Zoomin USA Inc. reserves the right to investigate complaints or reported violations of this Agreement and to take any action the Zoomin USA Inc. deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your Account profile, email addresses, usage history, posted materials, IP addresses and traffic information.
The Content and Materials, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Service are protected under applicable copyright, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site and the Service is strictly prohibited. You do not acquire ownership rights to any Content and Materials, document or other materials viewed through the Service except where the ownership rights to such Content and Materials already vested with you prior to upload to the Service. You acknowledge that some of the Content and Materials on the Site and Service is the copyrighted work of third parties.
All trademarks, logos, service marks are the sole property of Zoomin USA Inc. or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Zoomin USA Inc. under a separate agreement.
Restrictions and Prohibitions on Use
You may not submit items that are abusive to other Users of the Site or the Service. In addition you may not submit copyrighted material without obtaining the appropriate permission from the owner of such material, material containing pornographic or obscene materials or any material that is harmful to anyone, illegal under any applicable law or provides a link to information that is harmful or illegal under any applicable law. You hereby represent and warrant that all items submitted by you to be hosted on the Site or the Service(i) are validly owned or licensed by you, with full rights to publish them on the Site or the Service; (ii) do not contain any pornographic or obscene material; and (iii) do not contain any material that is harmful to anyone or is illegal under any applicable law..
Social Networking Services
THE CONTENT AND MATERIAL FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM ERROR, AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Zoomin USA Inc. AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Zoomin USA Inc. AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN Zoomin USA Inc. AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS, CONTENT AND MATERIALS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation on Liability
Zoomin USA Inc. and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom; (b) the unavailability or interruption of the Site, Service or any features thereof; (c) your use of the Site or Service; (d) the Content and Materials contained on the Site or Service; or (e) any delay or failure in performance beyond the control the Zoomin USA Inc.. THE AGGREGATE LIABILITY OF Zoomin USA Inc. AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED UNITED STATES DOLLARS ONE HUNDRED ONLY (USD 100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE Zoomin USA Inc. AND ANY AFFILIATED PARTY.
Governing Law and Venue
The Terms of Service and any dispute about or involving the Service will be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Philadelphia, Pennsylvania and waive all claims of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to indemnify, defend and hold Zoomin USA Inc. and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Site or the Service.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by Zoomin USA Inc. in its sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Zoomin USA Inc.’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Zoomin USA Inc.’s rights under this Agreement shall survive any termination or modification of this Agreement.
Zoomin USA Inc. may terminate your membership/Account or delete any Content and Materials uploaded by you to the Site or the Service at any time without notice for any reason including contravention of this Agreement or any applicable law.
The Site or the Service may include statements concerning Zoomin USA Inc.'s operations, prospects, strategies, financial condition, future economic performance and demand for the Zoomin USA Inc.'s products or services, as well as Zoomin USA Inc.’s intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond the Zoomin USA Inc.’s control. You acknowledge that such information is not intended to be a substitute for representations expressly made to you by Zoomin USA Inc., if and when made, and that you rely upon such information at your sole risk and liability.