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ExpertZoo.com Terms of
Use Agreement
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ExpertZoo.com is a business networking
service that allows Members to create unique personal profiles online in order to
find and communicate with customers and business associates. The services offered
by ExpertZoo.com ("ExpertZoo" or "we") include the ExpertZoo.com website (the "ExpertZoo
Website"), the ExpertZoo.com Internet messaging service, and any other features,
content, or applications offered from time to time by ExpertZoo.com in connection
with the ExpertZoo.com Website (collectively, the "ExpertZoo Services"). The ExpertZoo
Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement")
sets forth the legally binding terms for your use of the ExpertZoo Services. By
using the ExpertZoo Services, you agree to be bound by this Agreement, whether you
are a "Visitor" (which means that you simply browse the ExpertZoo Website) or you
are a "Member" (which means that you have registered with ExpertZoo). The term "User"
refers to a Visitor or a Member. You are only authorized to use the ExpertZoo Services
(regardless of whether your access or use is intended) if you agree to abide by
all applicable laws and to this Agreement. Please read this Agreement carefully
and save it. If you do not agree with it, you should leave the ExpertZoo Website
and discontinue use of the ExpertZoo Services immediately. If you wish to become
a Member, communicate with other Members and make use of the ExpertZoo Services,
you must read this Agreement and indicate your acceptance during the Registration
process.
This Agreement includes ExpertZoo.com’s
policy for acceptable use of the ExpertZoo Services and Content posted on the ExpertZoo
Website, your rights, obligations and restrictions regarding your use of the ExpertZoo
Services and ExpertZoo.com's Privacy Policy. In order to participate in certain
ExpertZoo Services, you may be notified that you are required to download software
or content and/or agree to additional terms and conditions. Unless otherwise provided
by the additional terms and conditions applicable to the ExpertZoo Services in which
you choose to participate, those additional terms are hereby incorporated into this
Agreement. You may receive a copy of this Agreement by emailing us at:
privacy@expertzoo.com
Subject: Terms
of Use Agreement.
ExpertZoo.com may modify this Agreement
from time to time and such modification shall be effective upon posting by ExpertZoo.com
on the ExpertZoo Website. You agree to be bound to any changes to this Agreement
when you use the ExpertZoo Services after any such modification is posted. It is
therefore important that you review this Agreement regularly to ensure you are updated
as to any changes.
Please choose carefully the information
you post on ExpertZoo.com and that you provide to other Users. Your ExpertZoo.com
profile may not include the following items: last names, and any photographs containing
nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise
objectionable subject matter. Despite this prohibition, information provided by
other ExpertZoo.com Members (for instance, in their Profile) may contain inaccurate,
inappropriate, offensive or sexually explicit material, products or services, and
ExpertZoo.com assumes no responsibility or liability for this material. If you become
aware of misuse of the ExpertZoo Services by any person, please contact ExpertZoo
or click on the "Contact Us" link at the bottom of any ExpertZoo.com page.
ExpertZoo.com reserves the right, in its
sole discretion, to reject, refuse to post or remove any posting (including private
messages) by you, or to restrict, suspend, or terminate your access to all or any
part of the ExpertZoo Services at any time, for any or no reason, with or without
prior notice, and without liability.
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- Eligibility. Use of and Membership in the ExpertZoo Services is
void where prohibited. By using the ExpertZoo Services, you represent and warrant
that (a) all registration information you submit is truthful and accurate; (b) you
will maintain the accuracy of such information; (c) you are 14 years of age or older;
and (d) your use of the ExpertZoo Services does not violate any applicable law or
regulation. Your profile may be deleted and your Membership may be terminated without
warning, if we believe that you are not eligible for membership.
- Term. This Agreement shall remain in full force and effect
while you use the ExpertZoo Services or are a Member. You may terminate your Membership
at any time, for any reason, by following the instructions on the Member's Account
Settings page. ExpertZoo.com may terminate your Membership at any time, without
warning. Even after Membership is terminated, this Agreement will remain in effect,
including sections 5-17.
- Fees. You acknowledge that ExpertZoo.com reserves the right
to charge for the ExpertZoo Services and to change its fees from time to time in
its discretion. If ExpertZoo.com terminates your Membership because you have breached
the Agreement, you shall not be entitled to the refund of any unused portion of
subscription fees.
- Password. When you sign up to become a Member, you will also
be asked to choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account, username, or
password of another Member at any time or to disclose your password to any third
party. You agree to notify ExpertZoo.com immediately if you suspect any unauthorized
use of your account or access to your password. You are solely responsible for any
and all use of your account.
- Commercial Use by
Members.
The ExpertZoo Services are
for the business use of Members and may be used in connection with any commercial
endeavors. Illegal and/or unauthorized use of the ExpertZoo Services, including
collecting usernames and/or email addresses of Members by electronic or other means
for the purpose of sending unsolicited email or unauthorized framing of or linking
to the ExpertZoo Website is prohibited. Appropriate legal action will be taken for
any illegal or unauthorized use of the ExpertZoo Services.
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Proprietary Rights
in Content on ExpertZoo.com.
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ExpertZoo.com does not claim
any ownership rights in the text, files, images, photos, video, sounds, musical
works, works of authorship, or any other materials (collectively, "Content") that
you post to the ExpertZoo Services. After posting your Content to the ExpertZoo
Services, you continue to retain all ownership rights in such Content, and you continue
to have the right to use your Content in any way you choose. By displaying or publishing
("posting") any Content on or through the ExpertZoo Services, you hereby grant to
ExpertZoo a limited license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content solely on and through the ExpertZoo Services.
Without this license, ExpertZoo.com would
be unable to provide the ExpertZoo Services. For example, without the right to modify
Member Content, ExpertZoo.com would not be able to digitally compress files that
Members submit or otherwise format Content to satisfy technical requirements, and
without the right to publicly perform Member Content, ExpertZoo.com could not allow
Users to view content posted by Members. The license you grant to ExpertZoo.com
is non-exclusive (meaning you are free to license your Content to anyone else in
addition to ExpertZoo.com), fully-paid and royalty-free (meaning that ExpertZoo.com
is not required to pay you for the use on the ExpertZoo Services of the Content
that you post), sublicensable (so that ExpertZoo.com is able to use its affiliates
and subcontractors such as Internet content delivery networks to provide the ExpertZoo
Services), and worldwide (because the Internet and the ExpertZoo Services are global
in reach). This license will terminate at the time you remove your Content from
the ExpertZoo Services. The license does not grant ExpertZoo.com the right to sell
your Content, nor does the license grant ExpertZoo.com the right to distribute your
Content outside of the ExpertZoo Services.
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You represent and warrant
that: (i) you own the Content posted by you on or through the ExpertZoo Services
or otherwise have the right to grant the license set forth in this section, and
(ii) the posting of your Content on or through the ExpertZoo Services does not violate
the privacy rights, publicity rights, copyrights, contract rights or any other rights
of any person. You agree to pay for all royalties, fees, and any other monies owing
any person by reason of any Content posted by you to or through the ExpertZoo Services.
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The ExpertZoo Services contain
Content of ExpertZoo.com ("ExpertZoo.com Content"). ExpertZoo.com Content is protected
by copyright, trademark, patent, trade secret and other laws, and ExpertZoo.com
owns and retains all rights in the ExpertZoo.com Content and the ExpertZoo Services.
ExpertZoo.com hereby grants you a limited, revocable, nonsublicensable license to
reproduce and display the ExpertZoo.com Content (excluding any software code) solely
for your personal use in connection with viewing the ExpertZoo Website and using
the ExpertZoo Services.
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The ExpertZoo Services contain
Content of Users and other ExpertZoo.com licensors. Except for Content posted by
you, you may not copy, modify, translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing on or through the ExpertZoo Services.
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Content Posted.
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ExpertZoo.com may delete
any Content that in the sole judgment of ExpertZoo.com violates this Agreement or
which may be offensive, illegal or violate the rights, harm, or threaten the safety
of any person. ExpertZoo.com assumes no responsibility for monitoring the ExpertZoo
Services for inappropriate Content or conduct. If at any time ExpertZoo.com chooses,
in its sole discretion, to monitor the ExpertZoo Services, ExpertZoo.com nonetheless
assumes no responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the User submitting
any such Content.
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You are solely responsible
for the Content that you post on or through any of the ExpertZoo Services, and any
material or information that you transmit to other Members and for your interactions
with other Users. ExpertZoo.com does not endorse and has no control over the Content.
Content is not necessarily reviewed by ExpertZoo.com prior to posting and does not
necessarily reflect the opinions or policies of ExpertZoo.com. ExpertZoo.com makes
no warranties, express or implied, as to the Content or to the accuracy and reliability
of the Content or any material or information that you transmit to other Members.
- Content/Activity
Prohibited.
The following is a partial
list of the kind of Content that is illegal or prohibited to post on or through
the ExpertZoo Services. ExpertZoo.com reserves the right to investigate and take
appropriate legal action against anyone who, in ExpertZoo.com's sole discretion,
violates this provision, including without limitation, removing the offending communication
from the ExpertZoo Services and terminating the Membership of such violators. Prohibited
Content includes, but is not limited to Content that, in the sole discretion of
ExpertZoo.com:
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is patently offensive and
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual;
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harasses or advocates harassment
of another person;
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exploits people in a sexual
or violent manner;
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contains nudity, violence,
or offensive subject matter or contains a link to an adult website;
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solicits personal information
from anyone under 18;
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promotes information that
you know is false or misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
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promotes an illegal or unauthorized
copy of another person's copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
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involves the transmission
of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming";
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contains restricted or password
only access pages or hidden pages or images (those not linked to or from another
accessible page);
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furthers or promotes any
criminal activity or enterprise or provides instructional information about illegal
activities including, but not limited to making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
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solicits passwords or personal
identifying information for commercial or unlawful purposes from other Users;
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includes a photograph of
another person that you have posted without that person's consent; or
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for band and filmmaker profiles,
uses sexually suggestive imagery or any other unfair, misleading or deceptive Content
intended to draw traffic to the profile.
The following is a partial list of the
kind of activity that is illegal or prohibited on the ExpertZoo Website and through
your use of the ExpertZoo Services. ExpertZoo.com reserves the right to investigate
and take appropriate legal action against anyone who, in ExpertZoo.com's sole discretion,
violates this provision, including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
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criminal or tortious activity,
including child pornography, fraud, trafficking in obscene material, drug dealing,
gambling, harassment, stalking, spamming, spimming, sending of viruses or other
harmful files, copyright infringement, patent infringement, or theft of trade secrets;
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You may not transmit any
chain letters or junk email to other Members. It is also a violation of these rules
to use any information obtained from the ExpertZoo Services in order to contact,
advertise to, solicit, or sell to any Member without their prior explicit consent.
In order to protect our Members from such advertising or solicitation, ExpertZoo.com
reserves the right to restrict the number of emails which a Member may send to other
Members in any 24-hour period to a number which ExpertZoo.com deems appropriate
in its sole discretion. If you breach this Agreement and send unsolicited bulk email,
instant messages or other unsolicited communications of any kind through the ExpertZoo
Services, you acknowledge that you will have caused substantial harm to ExpertZoo.com,
but that the amount of such harm would be extremely difficult to ascertain. As a
reasonable estimation of such harm, you agree to pay ExpertZoo.com $100 for each
such unsolicited email or other unsolicited communication you send through the ExpertZoo
Services;
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covering or obscuring the
banner advertisements on your personal profile page, or any ExpertZoo.com page via
HTML/CSS or any other means;
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any automated use of the
system, such as using scripts to add friends or send comments or messages;
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interfering with, disrupting,
or creating an undue burden on the ExpertZoo Services or the networks or services
connected to the ExpertZoo Services;
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attempting to impersonate
another Member or person;
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Using the account, username,
or password of another Member at any time or disclosing your password to any third
party or permitting any third party to access your account;
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selling or otherwise transferring
your profile;
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using any information obtained
from the ExpertZoo Services in order to harass, abuse, or harm another person;
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displaying an advertisement
on your profile, or accepting payment or anything of value from a third person in
exchange for your performing any commercial activity on or through the ExpertZoo
Services on behalf of that person, such as placing commercial content on your profile,
or
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using the ExpertZoo Services
in a manner inconsistent with any and all applicable laws and regulations.
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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. It is the policy of ExpertZoo.com
to terminate Membership privileges of any Member who repeatedly infringes the copyright
rights of others upon receipt of proper notification to ExpertZoo.com 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 ExpertZoo Services in a
way that constitutes copyright infringement, please provide our Copyright Agent
with the following information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (ii) a description
of the copyrighted work that you claim has been infringed; (iii) a description of
where the material that you claim is infringing is located on the ExpertZoo Services;
(iv) your address, telephone number, and email address; (v) 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; (vi) 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.
ExpertZoo.com's Copyright Agent for notice of claims of copyright infringement can
be reached as follows:
contact@expertzoo.com
Subject:
Copyright Agent
- Member Disputes. You are solely responsible for your interactions with
other ExpertZoo.com Members. ExpertZoo.com reserves the right, but has no obligation,
to monitor disputes between you and other Members.
- Privacy. Use of the ExpertZoo Services is also governed by
our Privacy Policy, which is incorporated into this Agreement by this reference.
- Disclaimers. ExpertZoo.com is not responsible for any incorrect
or inaccurate Content posted on the ExpertZoo Website or in connection with the
ExpertZoo Services, whether caused by Users of the ExpertZoo Services or by any
of the equipment or programming associated with or utilized in the ExpertZoo Services.
Profiles created and posted by Members on the ExpertZoo Website may contain links
to other websites. ExpertZoo.com is not responsible 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 ExpertZoo.com. Inclusion of
any linked website on the ExpertZoo Services does not imply approval or endorsement
of the linked website by ExpertZoo.com. When you access these third-party sites,
you do so at your own risk. ExpertZoo.com takes no responsibility for third party
advertisements which are posted on this ExpertZoo Website or through the ExpertZoo
Services, nor does it take any responsibility for the goods or services provided
by its advertisers. ExpertZoo.com is not responsible for the conduct, whether online
or offline, of any User of the ExpertZoo Services. ExpertZoo.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. ExpertZoo.com is not responsible
for any problems or technical malfunction of any telephone network or lines, computer
online systems, servers or providers, computer equipment, software, failure of any
email or players due to technical problems or traffic congestion on the Internet
or on any of the ExpertZoo Services or combination thereof, including any injury
or damage to Users or to any person's computer related to or resulting from participation
or downloading materials in connection with the ExpertZoo Services. Under no circumstances
shall ExpertZoo.com be responsible for any loss or damage, including personal injury
or death, resulting from use of the ExpertZoo Services, attendance at a ExpertZoo.com
event, from any Content posted on or through the ExpertZoo Services, or from the
conduct of any Users of the ExpertZoo Services, whether online or offline. The ExpertZoo
Services are provided "AS-IS" and as available and ExpertZoo.com expressly disclaims
any warranty of fitness for a particular purpose or non-infringement. ExpertZoo.com
cannot guarantee and does not promise any specific results from use of the ExpertZoo
Services.
- Limitation on Liability. IN NO EVENT SHALL EXPERTZOO.COM BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF EXPERTZOO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXPERTZOO.COM'S LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EXPERTZOO.COM FOR THE
MYSPACE SERVICES DURING THE TERM OF MEMBERSHIP.
- U.S. Export Controls. Software available in connection with the ExpertZoo
Services (the "Software") is further subject to United States export controls. No
Software may be downloaded from the ExpertZoo Services or otherwise exported or
re-exported in violation of U.S. export laws. Downloading or using the Software
is at your sole risk.
- Disputes. If there is any dispute about or involving the ExpertZoo
Services, you agree that the dispute shall be governed by the laws of the State
of California, USA, without regard to conflict of law provisions and you agree to
exclusive personal jurisdiction and venue in the state and federal courts of the
United States located in the State of California, City of San Diego. Either ExpertZoo.com
or you may demand that any dispute between ExpertZoo.com and you about or involving
the ExpertZoo Services must be settled by arbitration utilizing the dispute resolution
procedures of the American Arbitration Association (AAA) in San Diego, California,
USA, provided that the foregoing shall not prevent ExpertZoo.com from seeking injunctive
relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold ExpertZoo.com, its
subsidiaries, and affiliates, and their respective officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of the
ExpertZoo Services in violation of this Agreement and/or arising from a breach of
this Agreement and/or any breach of your representations and warranties set forth
above and/or if any Content that you post on the ExpertZoo Website or through the
ExpertZoo Services causes ExpertZoo.com to be liable to another.
- Other. This Agreement is accepted upon your use of the ExpertZoo
Website or any of the ExpertZoo Services and is further affirmed by you becoming
a Member. This Agreement constitutes the entire agreement between you and ExpertZoo.com
regarding the use of the ExpertZoo Services. The failure of ExpertZoo.com 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. ExpertZoo.com is a trademark of Dvorkin
Investments, L.P. 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.
Please
contact us at:contact@expertzoo.com
with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO
ALL OF THE PROVISIONS CONTAINED ABOVE.
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