Welcome to our website ("Zoop Website" or "Website").
Zoop Collective LLC ("Zoop") provides the services available on the Website to you subject to the following terms and conditions ("Terms of Service"). BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the wearezoop.com domain name (including its sub-domains), the "Zoop Website", or "Website"), YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF ZOOP' PRIVACY NOTICE, WHICH ARE PUBLISHED AT [link to privacy policy] , AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you agree to these Terms of Services, please click on the appropriate "acceptance" link. If you do not agree to any of these terms, then please do not use the Zoop Website.
These Terms of Service apply to all users of the Zoop Website. The Zoop Website may contain links to third party websites that are not owned or controlled by Zoop. Zoop has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Zoop will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Zoop from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Zoop Website and to read the terms and conditions and privacy policy of each other website that you visit.
Zoop hereby grants you permission to use the Website as set forth in this Terms of Service, provided that:
Your use of the Website as permitted is solely for your personal, noncommercial use;
You will not copy or distribute any part of the Website in any medium without Zoop prior written authorization;
You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
You will otherwise comply with the terms and conditions of these Terms of Service.
In order to access some features of the Website, you will have to create an account. You may never use another's account without 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 Zoop immediately of any breach of security or unauthorized use of your account. Although Zoop will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Zoop or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Zoop 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, Zoop grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Zoop 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 names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User
The content on the Zoop Website, except all User Submissions (as defined below),including without limitation, the text, software, scripts, documents, graphics, photos, images, sounds, music, videos, interactive features and the like, displayed or distributed in softcopy or hardcopy, ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Zoop, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Zoop reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
We grant you a limited, revocable, and nonexclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere with security related features of the Zoop Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Zoop Website or the Content therein.
The Zoop Website may now or in the future permit the submission of any type of electronic contents, based upon Zoop Website's discretion, or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Zoop does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
You own or have the necessary licenses, rights, consents, and permissions to use and authorize Zoop to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any User Submission submitted by you. You agree to indemnify Zoop for all claims arising from your claims to any rights in any User Submission.
With respect to posted content, the submitting user retains ownership of such content.
By submitting, posting or displaying content on, to, or through Zoop Website (or its sub-domains, successors and affiliates), you grant Zoop Collective LLCa worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, display and perform such content on Zoop Website (or its sub-domains, successors and affiliates).
Zoop Collective LLC reserves the right to syndicate User Submissions submitted, posted or displayed by you on or through Zoop Website (or its sub-domains, successors and affiliates) and uses that content in connection with any service offered by Zoop Collective LLC
The aforementioned license granted by you terminates once you remove or delete a User Submission from Zoop Website. You also acknowledge that Zoop Collective LLC may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. In addition, you acknowledge and grant users of the Zoop Websites a non-exclusive license to access your User Submissions through the Zoop Website (or its sub-domains, successors and affiliates) and to use such User Submissions as applicable by their respective licenses.
In connection with User Submissions, you further agree that you will:
Further agree to claim all responsibilities for your submitted material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Zoop all of the license rights granted herein;
Not publish falsehoods or misrepresentations that could damage Zoop and Zoop Website or any third party;
Not submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate ("Offensive Content");
Not post advertisements or solicitations of business:
Not to impersonate another person.
Zoop does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Zoop expressly disclaims any and all liability in connection with User Submissions.
Zoop does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Zoop will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.
Zoop reserves the right to remove Content and User Submissions without prior notice. Zoop will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Zoop also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Zoop may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent 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 the service provider 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.
Zoop's designated Copyright Agent to receive notifications of claimed infringement is: __________________________. You may also contact this address for any other feedback, comments, requests for technical support, and other communications. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
You understand that when using the Zoop Website, you will be exposed to User Submissions from a variety of sources, and that Zoop is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, 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 Zoop with respect thereto, and agree to indemnify and hold Zoop, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Zoop permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Zoop reserves the right to discontinue any aspect of the Zoop Website at any time.
YOU AGREE THAT YOUR USE OF THE ZOOP WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZOOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
ZOOP 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
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONSIN 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 ZOOP WEBSITE.
ZOOP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZOOP WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZOOP 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.
IN NO EVENT SHALL ZOOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS) RESULTING FROM ANY
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
ANY INTERRUPTION OF BUSINESS;
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 ZOOP WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR
EVENTS BEYOND ZOOP’S REASONABLE CONTROL.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ZOOP SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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. FURTHER, IN NO EVENT SHALL ZOOP MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
The Website is controlled and offered by Zoop from its facilities in the United States. Zoop makes no representations that the Zoop Website is appropriate or available for use in other locations. Those who access or use the Zoop Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Zoop, 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:
Your use of and access to the Zoop Website;
Your violation of any term of these Terms of Service;
Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Zoop Website.
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 Zoop Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Zoop Website.
However, Zoop Website does contain some materials that are not suitable for Users who are less than 18 years old, or the legal age of their jurisdictions ("Minors"). In that case, Zoop will not hold the responsibilities of consequences and effects that mat may took place in the events when Minors are accessing materials that are not intended for them, when they are accessing materials that are marked in any manner, expressed or implied, such as, but not limited to forum names, forum or thread links or forum descriptions.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zoop without restriction.
You agree that:
The Zoop Website shall be deemed solely based in California; and
The Zoop Website shall be deemed a passive website that does not give rise to personal jurisdiction over Zoop, either specific or general, in jurisdictions other than California.
These Terms of Service shall be governed by the internal substantive laws of California, without respect to its conflict of laws principles, as if these Terms of Service were a contract wholly entered into and wholly performed without California.
Any claim or dispute between you and Zoop that arises in whole or in part from the Zoop Website shall be submitted to confidential arbitration under the rules then prevailing of the American Arbitration Association in a proceeding located in Los Angeles, California.
The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceeding or otherwise.
Notwithstanding the arbitration provision above, to the extent you have in any manner violated or threatened to violate our intellectual property rights, Zoop may seek injunctive or other appropriate relief in California, and you consent to exclusive jurisdiction and venue in such courts.
These Terms of Service, together with the Privacy Notice at the Privacy Policy and any other legal notices published by Zoop on the Website shall constitute the entire agreement between you and Zoop concerning the Zoop Website.
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 these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Zoop's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Zoop 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 Zoop Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND ZOOP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ZOOP WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
To use the Zoop service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
You can cancel your Zoop membership at any time, and you will continue to have access to the Zoop service through the non-signed in portal.
To cancel, go to the "Account" page on our website and follow the instructions for cancellation.
If you cancel your membership, your account will automatically close.
To see when your account will close, click "Billing details" on the "Account" page.
If you signed up for Zoop using your account with a third party as a Payment Method and wish to cancel your Zoop membership, you may need to do so through that third party.
You may also find billing information about your Zoop membership by visiting your account with the applicable third party.
Zoop does not offer refunds. Responsibility for finishing a project lies entirely with the project creator(s). Zoop doesn’t hold funds, cannot guarantee creators’ work, and does not offer refunds. When you support a project, you’re supporting a creator’s effort and vision to try to craft something new, and agreeing to be a part of the process.
You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Zoop service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
The Zoop service and any content viewed through our service are for your personal and non-commercial use only. During your Zoop membership, we grant you a limited, non-exclusive, non-transferable right to access the Zoop service and view Zoop content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You may view Zoop content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.
The Zoop service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of Zoop content.
You agree to use the Zoop service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Zoop service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Zoop service; use any robot, spider, scraper or other automated means to access the Zoop service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Zoop service; insert any code or product or manipulate the content of the Zoop service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Zoop service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
The quality of the display of the Zoop content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Zoop makes no representations or warranties about the quality of your experience on your display.
Zoop software may solely be used for authorized viewing of content from Zoop. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Zoop and related third-party software. If you do not accept the foregoing terms, do not use our service.
The member who created the Zoop account and whose Payment Method is charged (the "Account Owner") has access and control over the Zoop account and the Zoop ready devices that are used to access our service and is responsible for any activity that occurs through the Zoop account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Zoop ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Zoop or our partners from identity theft or other fraudulent activity. Zoop is not obligated to credit or discount a user for holds placed on the account by either a representative of Zoop or by the automated processes of Zoop.