Terms of Service
 
These terms and conditions (the "Terms of Service") govern your access to and use of ZUGME website (the "Site"), products, software, and services (referred to collectively as the “Service” in this document), as well as any text, image, photo, graphic, video, sound, musical work, work of authorship, or any other material (collectively, "Content") submitted, posted, shared, or displayed to the Service. By accessing or using the Service you agree to Terms of Service and ZUGME privacy policy (the “Privacy Policy”), found at http://www.zugme.com/privacy and incorporated into this Agreement by this reference, whether you are a "Visitor" (which means that you simply browse or use the Site, including through a mobile device, or otherwise use the Service without being registered) or you are a "Member" (which means that you have registered with ZUGME). The term "User" refers to a Visitor or a Member.
ZUGME may modify or amend these Terms of Service without notice at any time and such modification will be effective upon posting by ZUGME on the Site, and you agree to be bound by such modifications or revisions. Your continued use of the Service after ZUGME posts a revised Terms of Service constitutes your acceptance of the revised Terms of Service. Although ZUGME may attempt to notify you when major changes are made to the Terms of Service, it is important that you review Terms of Service regularly to ensure you are updated as to any changes.
If you are entering into this agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to ZUGME for any breaches of the Terms of Service. If you do not agree to any of these Terms of Service or Privacy Policy, please do not use the Service.
  1. General Use of the Service
    These Terms of Service apply to all users of the Service. You may use the Service only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. You are responsible for:
    1. your use of the Service; and
    2. any Content you submit, post, share, or display to the Service.
    ZUGME reserves the right to:
    1. stop (permanently or temporarily) providing the Service (or any features within the Service) to you;
    2. deny, restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability;
    3. remove or refuse to distribute any Content on the Service; and
    4. reclaim usernames;
    The Service may change from time to time without prior notice.
  2. Account Registration
    In order to fully use of the Service, you will have to create a ZUGME account. You may never use another's member account without permission. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement. When creating your account, all registration information you submit must be truthful and accurate, and you must maintain the accuracy of such information. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account. You must safeguard the confidentiality of your password. You agree to notify ZUGME immediately of any breach of security or unauthorized use of your account. Although ZUGME will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ZUGME or others due to such unauthorized use. By registering, you agree to receive certain communications in connection with the Service.
  3. Eligibility
    Use of the Service and/or registration to be a Member for the Service ("Membership") is void where prohibited. The Service is not intended for children under 16. You must be 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 represent and warrant that you are NOT:
    1. a child under the age of 16;
    2. a person barred from accessing the Service under the laws of the United States or other countries, including the country in which you reside or from which you intend to use the Service.
  4. Your Content to the Service
    Only ZUGME account holders (Members) may submit, post, share, or display the Content to the Service. The Content you submit, post, share, or display in myPeople section is considered private Content. All other Content you submit, post, share, or display to the Service is considered non-private and will be viewable by other users of the Service and through third party services and websites. You are responsible for any Content (private or non-private) you submit, post, share, or display to the Service, and for any consequences thereof. ZUGME does not claim any ownership rights of the Content posted to the Service. By submitting, posting, sharing, or displaying Content to or through the Service, you grant ZUGME a non-exclusive, worldwide, royalty-free license (with the right to sublicense) to use, modify, copy, reproduce, process, adapt, publicly perform, publicly display, transmit, and translate such Content, including without limitation distributing part or all of the Service in any media formats through any media channels, except Content treated as "private" that will not be distributed outside the ZUGME Service. You also hereby grant each User of the Service a non-exclusive license to access your non-private Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. ZUGME may place advertising and promotions on the Service or on, about, or in conjunction with your Content without specific notice to you. ZUGME grants you permission to place your Content in the existing Feed(s) or start a new Feed with your Content. ZUGME reserves the right to terminate any Feed at any time. You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not submit, post, share, or display Content that:
    1. infringe any third party's copyrights, privacy rights, publicity rights, trademark rights or contract rights;
    2. contains links to an adult website, sexually explicit content or pornography;
    3. exploits people in a sexual or violent manner;
    4. contains hateful, discriminatory content or promotes racism, hatred or physical harm against any individual or group;
    5. contains information that might pose or create a privacy or security risk to any person;
    6. promotes criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid schemes," or Ponzi schemes;
    7. provides information about illegal activity, including but not limiting to buying or constructing illegal weapons;
    8. solicits personal information from anyone under 18; or
    9. violates any law.
    Opinions and other statements expressed by members and third parties (e.g., advertisers) are theirs alone, not opinions of ZUGME. ZUGME does not endorse, support, represent or guarantee the accuracy, integrity or reliability of any Content submitted, posted, shared, or displayed to the Service by any user, or any opinion, recommendation, or advice expressed via the Service. Under no circumstances will ZUGME be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Service. ZUGME reserves the right to remove, screen, edit, or reinstate any Content from time to time at our sole discretion and without notice to you. ZUGME has no obligation to retain or provide you with copies of your Content.
  5. Your Conduct
    ZUGME grants you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You are solely responsible for your interactions with other Members. ZUGME reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members. You may not do any of the following while accessing or using the Service:
    1. violate the Terms and Conditions;
    2. impersonate or attempt to impersonate another User, person or entity;
    3. illegally and/or without authorization use the Service, including collecting usernames, user id numbers, and/or email addresses of Members by through hacking, password mining or any other means;
    4. buy or sell ZUGME usernames;
    5. employ third-party promotional sites or software to promote profiles for money;
    6. cover or obscure the banner advertisements on your personal profile page, or any Site page via HTML/CSS or any other means;
    7. use any data mining, robots or other automated device, process or means to send images or text, access, retrieve, scrape, or index any portion of the Service or any Content;
    8. manipulate or otherwise display the Site or the Content by using framing or similar navigational technology;
    9. reverse engineer any portion of the Service;
    10. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site or otherwise make excessive traffic demands of the Site;
    11. use the Service to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
    12. use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Service;
    13. attempt to probe, scan or test the vulnerability of the Service or breach any security or authentication measures; or
    14. use the Service or the Content other than for its intended purpose.
    You may not interfere with the security of, or otherwise abuse this Service or any system resources, services or networks connected to or accessible through this Service. You may only use this Service for lawful purposes.
  6. Suggestions and Improvements
    By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that:
    1. Your Feedback is not confidential, secret or proprietary information of third parties;
    2. ZUGME is under no obligation of confidentiality, express or implied, with respect to the Feedback;
    3. ZUGME may have something similar to the Feedback already under consideration or in development; and
    4. You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
  7. Trademarks
    The ZUGME name and logos and all related product and service names, design marks and slogans are trademarks, service marks, registered trademarks or registered service marks of ZUGME and may not be used in any manner without the prior written consent of ZUGME. All other trademarks and service marks are the property of their respective owners.
  8. Copyright Policy
    ZUGME respects the intellectual property rights of others and expects users of the Service to do the same. If you believe that any Content residing on the Service infringes upon your copyright or the copyright of a person on whose behalf you are authorized to act, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. 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;
    3. 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;
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement that the complaining party has 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
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is: ZUGME, Inc. Attn: Copyright Agent 5795 S. Sandhill Road, Suite F Las Vegas, NV 89120-2558 Email: copyright@zugme.com NOTE: No other notices or communications should be sent to the designated agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA. Please be aware that there are substantial penalties for false claims. If you believe that your Content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may submit a counter-notification to the Copyright Agent. A valid counter-notification is a written communication that includes all of the following elements:
    1. Your physical or electronic signature;
    2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access to it was disabled;
    3. A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification; and
    4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
    ZUGME is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Service, including material you provide to us, and so we have an absolute right to remove any Content from the Service in our sole discretion at any time.
  9. Links
    The Service may contain links to third party websites. ZUGME has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. By using the Service, you acknowledge sole responsibility and expressly relieve ZUGME from any and all liability arising from your use of any third-party website.
  10. Disclaimer
    YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ZUGME, ITS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. ZUGME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
    1. LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT DUE TO ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT SUBMITTED, POSTED, SHARED, DISPLAYED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE;
    2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE;
      (ii) LOSS OR DAMAGE THAT MIGHT ARISE ANOTHER USER’S ACTIONS, INCLUDING, MISUSE OF YOUR CONTENT OR IDENTITY;
    3. UNAUTHORIZED ACCESS TO OR USE OF SERVERS THAT FEATURE THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
    4. DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; OR
    5. INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES.
    6. ZUGME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZUGME 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.
  11. Limitation of Liability
    YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SUBMIT, POST, SHARE, DISPLAY OR RECEIVE DURING YOUR USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ZUGME NOR ITS PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL BE LIABLE TO ANY PARTY FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, INFORMATION, DATA, MONEY, GOODWILL OR REPUTATION), RESULTING FROM:
    1. YOUR ACCESS TO OR USE OF THE SERVICE;
    2. THE DELAY OR INABILITY TO ACCESS OR USE THE SERVICE;
    3. YOUR ACCESS TO OR USE OF ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE SERVICE;
    4. ANY THIRD PARTY INFORMATION, PRODUCTS OR SERVICE ADVERTISED IN OR OBTAINED THROUGH THE SERVICE;
    5. ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT SUBMITTED, POSTED, SHARED, DISPLAYED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE;
    6. UNAUTHORIZED ACCESS TO OR USE OF SERVERS THAT FEATURE THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
    7. DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; OR
    8. ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US.
    YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ZUGME SHALL NOT BE LIABLE FOR CONTENT SUBMITTED, POSTED, SHARED, OR DISPLAYED BY ANY MEMBER OR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. FURTHERMORE, YOU AND ZUGME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
  12. Indemnity
    You agree to indemnify, defend and hold ZUGME, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, and agents of each of them harmless from any and all loss, liability, claim, demand, costs, debts, or expenses, including but not limited to legal fees, made by any third party due to or arising from:
    1. your access to or use of the Service;
    2. any breach of the Terms of Service;
    3. violation by you, or any third party using your account of any third party right, including without limitation any copyright, property, publicity or privacy right.; or
    4. any claim that your Content caused damage to a third party.
    This defense and indemnification obligation will survive these Terms and Your use of the Service.
  13. Information Disclosure
    You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
  14. Law and Venue
    These Terms of Service shall be governed by the laws of the United States and the State of Nevada, applicable to agreements made and to be performed therein without regard to conflict of laws principles.
  15. Termination Policy
    These Terms of Service, and any posted revision to the Terms of Service, shall remain in full force and effect while you use the Service. You may terminate your Membership at any time, for any reason, by following the instructions on the account management page. Please review our Privacy Policy for information about what we do with your account when terminated. ZUGME reserves the right to terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. You may not re-register for the Service if your account is terminated by ZUGME. ZUGME may block your email address and/or IP address to prevent further registration.
  16. Entire Agreement
    The Terms of Service is accepted upon your use of the Service and is further affirmed by you becoming a Member. The Terms of Service constitutes the entire agreement between you and ZUGME regarding the use of the Service (excluding any services for which you have a separate agreement with ZUGME that is explicitly in addition or in place of these Terms of Service), and supersede any prior agreement between you and ZUGME on such subject matter. The failure of ZUGME to exercise or enforce any right or provision of the Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. If any provision of the Terms of Service is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Service and does not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
BY CONTINUING TO USE THE SERVICE, YOU AGREE TO ABIDE BY THESE TERMS OF SERVICE.
Effective: March 13, 2012