Terms of Service

1. Acceptance of Terms

This Agreement sets forth the terms and conditions that apply to your access and use of the website located at ZootRock.com and it’s associated services. ZootRock is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").

By accessing or using ZootRock in any way, including, without limitation, use of any of the Services, creating a user profile, posting any content, or merely browsing the Site, you agree to and are bound by the Terms of Service.

We reserve the right to change the Terms of Service and other guidelines or rules posted on the Site from time to time at our sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site and its services will be subject to the most current version of the Terms of Service, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Service to view the then current terms. If you breach any of the Terms of Service, your authorization to use this Site automatically terminates.

ZootRock does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use ZootRock.com only with permission of a parent or guardian.

 

2. ZootRock is a Content Provisioning Service.

ZootRock provides a service for businesses and individuals that assists with managing the stream of content posted to their social media accounts like Twitter and Facebook. In the modern world, Twitter and other social networks have become instrumental in promoting businesses, agendas, and personal views. At the same time, posting appropriate tweets requires time and dedication that many of ZootRock’s customers do not have. To alleviate this problem, ZootRock offers unique tools that provide relevant content by industry or interest and ways to customize that content.

 

3. Cancellation/Refund Policy

Optional premium paid services are available from ZootRock. By selecting a premium service you agree to pay ZootRock the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

 

4. Content

You agree that all content and materials (collectively, "Content") delivered via the Service or otherwise made available by ZootRock at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. ZootRock does not support the distribution of pornographic content. Except as expressly authorized by ZootRock in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.

 

5. Links to third party sites/Third party services

ZootRock.com and content generated by ZootRock.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ZootRock and ZootRock is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ZootRock is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ZootRock of the site or any association with its operators.

Certain content and services made available via ZootRock are delivered by third party sites and organizations. By using any product, service or functionality originating from ZootRock, you hereby acknowledge and consent that ZootRock is not responsible for the content provided by these third party sites and may share such information and data with any third party with whom ZootRock has a contractual relationship to provide the requested product, service or functionality on behalf of http://ZootRock.com users and customers.

 

6. Electronic Communications

Visiting http://ZootRock.com or sending emails to ZootRock constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

7. No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use ZootRock strictly in accordance with these terms of use. As a condition of your use of the Site and services, you warrant to ZootRock that you will not use ZootRock for any purpose that is unlawful or prohibited by these Terms. You may not use ZootRock in any manner which could damage, disable, overburden, or impair ZootRock or interfere with any other party's use and enjoyment of ZootRock. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through ZootRock.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ZootRock or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, ZootRock shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.

You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any ZootRock server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.

You shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.

You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or ZootRock's systems or networks, or any systems or networks connected to the Service or to ZootRock.

You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.

You shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.

 

8. Digital Millenium Copyright Act

Our Site is committed to complying with U.S. copyright laws. The Digital Millennium Copyright Act (“DMCA”) provides a recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, our Site will remove or block access to the allegedly infringing material, and may terminate the user’s account as provided in this Agreement. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to us. In any event, we shall not be made a party to disputes over alleged copyright infringement.

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to

 

9. Third Party Accounts

You will be able to connect your ZootRock account to third party accounts. By connecting your ZootRock account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

10. International Users

The Service is controlled, operated and administered by ZootRock from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ZootRock Content accessed through http://ZootRock.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

11.  Indemnification

You agree to indemnify, defend and hold harmless ZootRock, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ZootRock reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ZootRock in asserting any available defenses.

 

12. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ZOOTROCK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ZOOTROCK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ZootRock AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZOOTROCK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ZOOTROCK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICE.

13. Termination/Access Restriction

ZootRock reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ZootRock as a result of this agreement or use of the Site. ZootRock's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ZootRock's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ZootRock with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ZootRock with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ZootRock with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

14. Security

In no event will ZootRock, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ZootRock under this agreement during the twelve (12) month period prior to the cause of action. ZootRock shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. Changes to Terms

ZootRock reserves the right, in its sole discretion, to change the Terms under which http://ZootRock.com is offered. The most current version of the Terms will supersede all previous versions. ZootRock encourages you to periodically review the Terms to stay informed of our updates.

15. Copyright

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ZootRock or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of ZootRock and protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of ZootRock or its software suppliers and protected by United States and international copyright laws.

16. Contact Us

ZootRock welcomes your questions or comments regarding the Terms: info@zootrock.com

 

Effective as of December 01, 2013

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