1. Your Acceptance
The Zoomforth website and any Zoomforth products, software, data feeds, and services provided to you on, from, or through the Zoomforth website (collectively the "Service") is operated by Zoomforth Inc. ("Zoomforth" or "we").
By using or visiting the Service you ("you" or "your") signify your agreement to (1) these terms and conditions (the "Terms of Service"), as
amended from time to time, (2) Zoomforth's privacy notice, found at http://zoomforth.com/privacy
incorporated herein by reference. If you do not agree to any of these terms or the Zoomforth privacy notice, you may not
use the Service.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date
). Zoomforth may, in its sole discretion, modify or revise
these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service
shall be deemed to confer any third-party rights or benefits.
Among other things, the Terms of Service governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, "Content") available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.
These Terms of Service are applicable to any and all users of the Service. The preceding sentence is inclusive, without limitation, to any and all
users who access, view or contribute Content on the Service. "Content" includes interactive features, music, sounds, the text, software, photos,
scripts, graphics, videos, audiovisual combinations, and any other materials viewed on, accessed through, or contributed to the Service. The
Service includes all aspects of the Zoomforth.com website. The preceding sentence is inclusive, without limitation, to any and all services,
software and products offered in connection with the Zoomforth website, including, without limitation, the Zoomforth channels, the Zoomforth
"Recorder" and other applications.
The Service may contain links or access to third party websites that are not owned or controlled by Zoomforth. Zoomforth has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of any third party websites that are not owned or controlled by
Zoomforth. In addition, Zoomforth will not and cannot edit or censor the content of any such third-party site. By using the Service, you expressly
acknowledge and agree that you relieve Zoomforth from any and all liability arising from, arising out of or relating to your use of any such
that you visit.
3. Zoomforth Accounts
To access some features of the Service, you will need to create a Zoomforth account. You may never use another user’s account without their
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 Zoomforth immediately of any breach of security or unauthorized
use of your account.
Although Zoomforth will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Zoomforth
or others due to such unauthorized use.
4. General Use of the Service—Permissions and Restrictions
Zoomforth hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
You agree not to modify or otherwise alter any portion of the Service.
You agree not to distribute in any medium any part of the Service or the Content without Zoomforth's prior written authorization, unless Zoomforth
makes available the means for such distribution through functionality offered by the Service.
You agree not to access, view or otherwise utilize the Content through any technology or means other than the video playback pages of the Service
itself, or other explicitly authorized means Zoomforth may designate.
You agree that you will not in any manner directly, indirectly or otherwise use the Service for any of the following commercial uses unless you
obtain Zoomforth's prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service,
unless other material not obtained from Zoomforth appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include:
uploading an original video or photo to Zoomforth;
any use that Zoomforth expressly authorizes in writing.
You agree not to use or launch any automated system, including without limitation, "spiders," "robots," or "offline readers," that accesses the
Service in a manner that sends more request messages to the Zoomforth servers in a given period of time than a human can reasonably produce in the
same period by using a conventional on-line web browser. Notwithstanding the foregoing, Zoomforth 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. Zoomforth 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
usernames, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
Zoomforth reserves the right to discontinue any aspect of the Service at any time.
Except as expressly provided otherwise in the Terms of Service, you or the owner of any Content you post, upload, transmit, send or otherwise make available on or through the Service retains ownership of all rights, title, and interests in such Content. However, by posting, uploading, transmitting, sending or otherwise making available Content, registering for the Service, entering a sweepstakes or contest, or engaging in any other form of communication with us (on or through the Service or otherwise) you irrevocably grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to copy, reproduce, modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse-engineer, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, use, or change all such Content and communications, in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Zoomforth, subject to
copyright and other intellectual property rights under the law.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use
or copying of any Content or enforce limitations on use of the Service or the Content therein.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided
functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or
similar call to action displayed by Zoomforth on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast,
display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Zoomforth or the respective
licensors of the Content. Zoomforth and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Zoomforth is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may
be exposed to Content that is offensive, inaccurate, 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 Zoomforth with respect thereto, and, to the extent permitted by applicable law, agree to
indemnify and hold harmless Zoomforth, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding
all matters related to your use of the Service.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Zoomforth, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. Zoomforth MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SERVICES. Zoomforth
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR
ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Zoomforth WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL Zoomforth Inc, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Zoomforth IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Zoomforth SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT
THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Zoomforth from its facilities in the United States of America. Zoomforth makes no representations that the Service
is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are
responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Zoomforth, its parent corporation, officers, directors,
employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not
limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your
violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused
damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and
competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide
by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.
If you are under 13 years of age, then please do not use the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zoomforth without
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise
to personal jurisdiction over Zoomforth, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by
the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and
Zoomforth that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco, CA.
These Terms of Service, together with the Privacy Notice at http://zoomforth.com/privacy
and any other legal
notices published by Zoomforth on the Service, shall constitute the entire agreement between you and Zoomforth concerning the Service. If any provision of
these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be
deemed a further or continuing waiver of such term or any other term, and Zoomforth's failure to assert any right or provision under these Terms of Service
shall not constitute a waiver of such right or provision. Zoomforth reserves the right to amend these Terms of Service at any time and without notice, and
it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will
signify your assent to and acceptance of its revised terms. YOU AND Zoomforth AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.