PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE ZENIE BOTTLE WEBSITE. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE ZENIE BOTTLE WEBSITE IMMEDIATELY AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. ZUZINGO’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY ZUZINGO, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
You may at any time request a copy of this Agreement by emailing us at: support@zeniebottle.com, Subject: Terms of Use.
Terms of Use
The content available at www.zeniebottle.com (the “Site”) and any related “Zenie Bottle” services (“Services”) are owned and operated by Zuzingo, Inc. (“Zuzingo”), a Colorado corporation, and are provided to you under the following terms and condition, whether you are a visitor simply browsing the Site, or a “Member” (which means that you have registered with the Site for the Services):
1. SERVICES
Subject to the terms and conditions of this Agreement, and to your registration as a Member, Zuzingo will use reasonable efforts to provide the Services on the Site, solely for your own use, and not for the use or benefit of any third party. Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of a “Zenie Bottle.” You certify to Zuzingo that you are an individual (i.e., not a corporation) and at least 18 years of age (if you are agreeing to these terms and conditions on behalf of a minor, you certify to Zuzingo that you are such minor’s legal guardian). You take full responsibility for the use of the Services by any minors. As part of the registration process, you will identify a password for your Site account (“Account”). If you would like to learn more about how we handle your personal information, please review our Privacy Policy.
2. RESTRICTIONS
You will only use the Site and Services for lawful purposes, in compliance with all applicable laws and regulations, including, without limitation, copyright, trademark, obscenity, privacy and defamation laws. You agree not to send inaccurate information through the Site, use the Site or Services for unlawful purposes, or attempt to hide your identity or represent yourself as someone else. Unlawful activities may include (without limitation) storing, distributing or transmitting any unlawful material through use of the Site or Services or attempting to compromise the security of any networked account or site. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Zuzingo. To comply with applicable laws and lawful government requests, to operate its Services properly, or to protect itself or its users, Zuzingo reserves the right to access and disclose any text, information, graphics, photographs, media files and other content provided to or by you, or accessed by you through the Site. This may also include disclosing users’ names and other registration and identification information. You agree to indemnify and hold Zuzingo, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or Services, use of your Account by any third party, the violation of this Agreement by you, or the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. You hereby acknowledge that Zuzingo has and shall have no liability for how the Site or Services are used, what content is posted or accessed, or what products or services are made available through the Site.
3. INTELLECTUAL PROPERTY
As between you and Zuzingo, all content and software included on the Site or made available via the Services are the property of Zuzingo and protected by United States and international copyright laws. The Zuzingo trademark and logo and other Zuzingo marks, graphics and logos used on the Site are the property of, or licensed to, Zuzingo, Inc. Zuzingo’s trademarks and trade dress may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zuzingo. All other trademarks not owned by Zuzingo or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zuzingo or its affiliates.
4. MOBILE SERVICES; EQUIPMENT; SECURITY
Some of the Services may be available via your mobile device, please review Mobile Services. You may opt in/out to add or delete the text messaging feature on your Account. Your mobile carrier’s normal messaging, data and other rates and fees will apply to any such mobile services. You agree that Zuzingo may communicate with you regarding the Services by SMS, text message or other electronic means to your mobile device and that certain information about your usage of the Services via your mobile device may be communicated to Zuzingo. You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and mobile, long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will also be responsible for maintaining the security of your Account, passwords, files, and for all uses of your Account, with or without your knowledge or consent. You may not allow anyone else to use your Account password and you may not use anyone else’s Account password. Zuzingo is not liable for any loss that you might suffer through another’s use of your Account.
5. SUBMISSIONS
We encourage Members to post updates, pictures, and media files (“Submissions”) through the Services. You may not post any personally identifying information through the Services such as last names, phone numbers, physical addresses, or email addresses, and we shall not be liable for any damages suffered resulting from the submission of your information or any other content through the Services. You may not make any Submission that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. Zuzingo reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. By making Submissions, you grant Zuzingo and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Submission solely on the Site as part of the Services. You represent and warrant that you own or otherwise control all of the rights, title and interest in and to your Submissions and that use thereof as contemplated herein will not cause injury to any person or entity. You agree to indemnify Zuzingo and its affiliates for any claims, liabilities and losses (including, without limitation, court costs and attorneys’ fees) resulting from Submissions. Zuzingo has no obligation to screen, edit, monitor or otherwise in any way censor any text, link, information, graphics, photographs, video, sound, files or other content submitted to the Site and assumes no responsibility for any such content.
6. UPGRADES AND SUPPORT
From time to time, Zuzingo may (and has the right to) send you information and offers about upgrades, documentation and other services offered by Zuzingo. Notwithstanding the foregoing, under no circumstances will Zuzingo have any obligation to provide you with upgrades, enhancements, modifications, or support for the Services or Site.
7. TERMINATION
Members may close their Account at any time by notifying Zuzingo via email. Zuzingo may suspend or terminate your Account immediately at any time, without prior notice or liability, if you breach any of the terms or conditions of this Agreement, or violate the Community Guidelines and Safety Tips. Without limiting the generality of the foregoing, Zuzingo will terminate your Account if you repeatedly upload Submissions that infringe on third-party copyrights. Upon termination of your Account, your right to use the Services will immediately cease. If you fail to delete your Submissions prior to termination or suspension of your Account, Zuzingo may (but shall be under no obligation to) maintain such Submissions following such termination or suspension. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and Section 11.
8. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711)
ZUZINGO MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Zuzingo will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Zuzingo’ equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Site or Services.
9. WARRANTY DISCLAIMER
You use the Site and Services at your own risk. Zuzingo, its employees, users, affiliates, agents, third-party content providers, merchants, licensors and the like do not warrant that the Site or Services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site or Services, or as to any content, product, service, transaction or merchandise purchased through the Site or provided or entered into through the Services. THE SITE, SERVICES AND ANY CONTENT AND PRODUCTS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. ZUZINGO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SERVICES OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, ZUZINGO WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS IN THE AGGREGATE OF THE AMOUNTS PAID BY YOU FOR THE SERVICES DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, OR (II) FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, CONTENT OR FILES, PROFIT, GOODWILL, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. MISCELLANEOUS
Zuzingo reserves the right to change its prices, policies, and Services, or to modify this Agreement, by posting a notice on the Site or by providing you with an email notice. You shall be responsible for reviewing and becoming familiar with any changes. If Zuzingo does not receive written notice of termination from you within fifteen (15) days after a notice, it will be assumed that you accept the changes. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you. Zuzingo may assign this Agreement in whole or in part. This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the Colorado state and U.S. federal courts having within their jurisdiction the location of Zuzingo’s principal place of business, and each party hereby consents to such jurisdiction and venue. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Zuzingo in any respect whatsoever. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
