Zoombang Terms and Conditions

Terms of Use

By accessing and using this site, you agree that you have a duty to read these Terms and Conditions, that you have done so, and that you accept these Terms and Conditions in full, including, without limitation, Warranty Disclaimer and Limitation of Liability set forth further below. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein.  If you disagree with any part of these Terms and Conditions, please do not use this website.

Changes

These Terms and Conditions are subject to change by Zoombang at any time in its discretion. Your use of this site, including any member services or payments, after any such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please regularly review these Terms and Conditions.

Access to this Site

You must be eighteen (18) years or older to use this website, including to register for an account and purchase goods or services on our website. If you are under eighteen (18) years of age, you are not permitted to access this website for any reason. By using this website (and agreeing to the Terms and Conditions) you warrant and represent that you are at least eighteen (18) years of age. Due to the age restrictions for use of this website, no information obtained by this site falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.

To access this site or some of the services and resources it has to offer, you may be asked to provide certain personal information or other details for registration or service purposes. It is a condition of your use of this site that all the information you provide to Zoombang be true, accurate, current and complete. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of our website. Account information and certain other information about you are subject to the terms of our Privacy Policy.

You will receive a password and account designation after you have completed an account registration form and provided the required account information. You agree to maintain the security of your account on our website, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges and actions resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

Use of this Site

You agree to use our website only for lawful purposes. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including of a Zoombang or other licensed employee, host, or representative, as well as of other members or visitors to this site, is prohibited. You may not upload to, post, distribute, or otherwise publish or transmit through this site any content or material of any kind which is unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, derogatory, invasive of privacy or publicity rights, abusive, illegal, or which we otherwise deem objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any applicable local, state, national, or international law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

You may access and use this website for purposes expressly permitted by Zoombang.  You may not use it for any other purposes, including commercial purposes such as co-branding, framing, or hyperlinks, without the express prior written permission of an authorized representative of Zoombang.  For purposes of these Terms and Conditions, “co-branding” means displaying a name, logo, trademark, tradename or other means of attribution or identification of any party in such a manner as to reasonably give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible through this site.

Hyperlink

This website may contain links to third-party websites. The Company provides these hyperlinks as a convenience only and does not sponsor or endorse any of these sites or their contents. The Company is not responsible for the content of and does not make any representations or warranties regarding the content or materials on, such linked third-party websites. If you decide to access or rely on information at a linked third-party website, you do so at your own risk.

Zoombang has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Zoombang. Nonetheless, Zoombang seeks to protect the integrity of its website and therefore requests any feedback on sites to which it links, including if a specific link does not work.

Submissions; Participation Disclaimer

Zoombang does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this site, Zoombang is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. However, Zoombang reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property rights of another, or (d) offensive or otherwise unacceptable to Zoombang in its sole discretion.

Indemnity

You agree to indemnify, defend and hold harmless Zoombang, its subsidiaries, affiliates, officers, directors, employees, agents, suppliers, contractors, licensors, and service and content providers (hereinafter known as the “Indemnified Parties”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any person accessing the site using your account.  You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Limitation on Liability

In no event shall any indemnified parties be liable for any actual, consequential, incidental, direct, indirect, punitive, exemplary, special, or other damages, including without limitation loss of revenue or income, profits, value or use, pain and suffering, or similar damages, even if the company has been advised of the possibility of such damages. No person is authorized on behalf of Zoombang to give any other representations, or to modify or extend the limited warranties provided on this website, or to assume any other liability in connection with this website or the services offered by Zoombang. In no event shall the collective or total liability of the indemnified parties to any party for any claim (regardless of the form of action, whether in contract, warranty, tort or otherwise, excluding willful misconduct or gross negligence) exceed the price paid for the service which gives rise to such claim.

Zoombang shall not, under any circumstances, be liable for any use of, or the inability to use the services provided, offered or arranged through this website.

Applicable law may restrict the use or extent of limitations or exclusions to liability for incidental or consequential damages, so the foregoing limitations and exclusions may not apply in full to you. Nonetheless, in no event will Zoombang’s liability for services purchased from this site exceed the price paid for such services.

You are solely responsible for compliance with any laws governing the purchase and use of the services available through Zoombang’s website or a website linked to Zoombang’s website. IT IS YOUR RESPONSIBILITY AS THE PURCHASER AND/OR USER, NOT ZOOMBANG’S, TO ASCERTAIN AND OBEY ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS REGARDING THE SERVICES USED AND OFFERED BY ZOOMBANG OR BY A WEBSITE LINKED TO ZOOMBANG’S WEBSITE.  IF YOU ARE UNSURE, PLEASE CONTACT YOUR LOCAL OR STATE AUTHORITIES BEFOREHAND. BY REGISTERING FOR AN ACCOUNT, MAKING A PURCHASE OR RESERVATION, YOU INDICATE THAT YOU UNDERSTAND AND AGREE it is your sole responsibility to determine the laws that apply to you and represent and warrant that you have read this disclaimer and that all services and purchases will be used in a lawful manner and that you are of legal age to purchase and utilize such services.

You understand and agree that the limitations on liability set forth above apply to the foregoing.

Prices and Taxes

Prices listed on this website for products or services, unless otherwise noted, are exclusive of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority (“Taxes”).  Customers are solely responsible for all Taxes payable in connection with the purchase of services.

Payment Methods

For online purchases, we accept payment by Visa, Mastercard, Discover, American Express.

If a payment is not successfully settled, due to invalid payment method, declined credit, expiration, insufficient funds or otherwise, we reserve the right to cancel your purchase. For certain payment methods, you may be charged a processing fee, foreign exchange/translation fee (international purchases) or other fees; you are solely responsible for the payment of all such fees.  Check with your payment method service provider for details.  Zoombang’s Terms and Conditions, including, without limitation, the provisions regarding limitation of liability and indemnification, apply with respect to payment methods and payment processing, and Zoombang is not responsible for any charges, errors or losses that may result from any payment method used by you for the purchase of our services.

Typographical and Inadvertent Errors

In the event that a Zoombang service is mistakenly listed at an incorrect price, Zoombang reserves the right to refuse or cancel any purchases placed for that at the incorrect price, whether or not the order has been confirmed and your credit card charged.  If your credit card has been charged for the purchase and your order is canceled, Zoombang shall issue a credit to your credit card account in the amount of the incorrect price charged to you.