MODIFICATIONS TO AGREEMENT
iZoom may at any time, and without notice, modify, update, or otherwise change the terms of this Agreement, and you agree to be bound by such changes. Accordingly, we encourage you to visit the iZoom site from time to time to review the current terms and conditions.
Any and all intellectual property rights associated with the the Service and the iZoom web site -- including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, and copyrights -- are the sole property of iZoom, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without iZoom's written permission. Except as provided herein, iZoom does not grant to you any express or implied rights to iZoom's intellectual property. Any rights associated with content that is transmitted, downloaded, or otherwise processed by the Service shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. For the purposes of this Agreement, the term "Content" refers to any of the various information, files, data, and media types which can be sent, received, or processed by the Service in accordance with a variety of protocols, including, without limitation, text, graphics, video, audio, streaming media, e-mail, chat, HTML, instant messaging, and the like. This Agreement gives you no rights in and to such Content. To the extent that you own any rights in Content that you provide to iZoom, you hereby grant to iZoom a non-exclusive, irrevocable, royalty-free, paid-up license to use, copy, publish, distribute, publicly perform, publicly display, create derivative works or otherwise exploit any Content that is provided during your use of the Service.
You agree that iZoom, in its sole discretion, may terminate your use of and access to all or a portion of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if iZoom believes that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that iZoom may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that iZoom shall not be liable to you or any third-party as a result of iZoom's termination of your access to the Service.
In consideration for your use of the Service, you agree to provide true, current, accurate, and complete information about yourself as requested during the registration process, and to update such information as may be necessary to keep it true, current, accurate, and complete.
You agree that you will use the Service in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any Content that you upload, download, transmit or otherwise process using the Service.
You agree not to:
(a) transmit any data, text, video, audio, software, or other Content that is offensive, obscene, pornographic, inflammatory, harassing, threatening, tortious, invasive of another's privacy, abusive, hateful, defamatory, harmful to minors, or is otherwise objectionable;
(b) transmit any Content that infringes any patent, trademark, copyright, rights of publicity, or other intellectual property right;
(c) transmit any Content that violates any applicable local, state, national, or international law that could give rise to civil or criminal liability;
(d) transmit any unsolicited promotional Content, advertising materials, "spam," chain letters, or other such solicitation;
(e) use the Service to publicly broadcast, transmit, or display Content for "pay-per-download" or other commercial purposes;
(f) use the Service to transmit Content that includes any virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Service or any other Internet host; or
(g) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted Content, including impersonating another person or entity.
iZoom assumes no responsibility for Content downloaded, uploaded, stored, or otherwise processed by the Service. Accordingly, if you choose to use the Service, you do so at your own risk. For example, you acknowledge that:
(a) Any Content you transmit will be treated by iZoom as not being confidential to you, except as noted in the Privacy Statement.
(b) You are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet, including the Service, and that any Content you store or transmit may be damaged, corrupted, "sniffed" and/or accessed by another person without your permission. iZoom cannot and will not guarantee the security of any of the Content stored or transmitted by the Service.
(c) You may be subjected to email, instant messages, video, and other Content which is pornographic, defamatory, hateful, or otherwise objectionable to you.
(d) You are solely responsible for ensuring that the Content, and any transmission or processing of the Content, does not violate the intellectual property rights of others.
IN NO EVENT SHALL IZOOM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF IZOOM WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
THE SERVICE COVERED UNDER THIS AGREEMENT IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. IZOOM AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.
You agree to indemnify and hold iZoom and its vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, 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 Service, any Content you submit, transmit, or download through the Service, or any violation of this Agreement or the rights of others.
MODIFICATIONS TO SERVICE
iZoom reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. iZoom may also change your priority of access to the Service with respect to other users.
DISCLOSURE OF CONTENT
Although iZoom has no obligation to monitor the Content of its users, it reserves the right to monitor, retain, delete and/or disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of iZoom, its users, or the public.
This Agreement shall constitute the complete and exclusive agreement between you and iZoom. While iZoom reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of iZoom execute a separate written agreement. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement. This Agreement shall be subject to and construed in accordance with the laws of the State of Arizona, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in the State of Arizona. Any and all unresolved disputes arising under this Agreement shall be submitted to arbitration in the State of Arizona. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, iZoom may obtain equitable relief in any court to protect its intellectual property.
Copyright (c) 2000 - 2010 iZoom, Inc. All rights reserved.