ZoomZio Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Customer", "Member" "Sponsor/Entrant" "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. If an individual is using this website on behalf of an employer or client, has the legal authority to sign the Agreement on behalf of the employer or client, and purports to sign on behalf of the employer or client, "you" refers to the employer or client.  If not, "you" refers to the individual signing hereon. You are responsible for assuring that all the terms and conditions of this Agreement are complied with.  "The Company", "Ourselves", "We" and "Us", refers to our Company, Setcube Systems LLC dba ZoomZio™. "Party", "Parties", or "Us", refers to both the Customer and ourselves, or either the Customer or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

ZoomZio™ TERMS OF USE

(Applies to All Users of ZoomZio™)

  1. ZoomZio™ does not exercise review over the content or nature of any campaign, promotion or of any website, e-mail transmission, or other material created or accessible over or through the Campaigns. ZoomZio™ has no responsibility for the conduct of any third party entering or conducting a Promotion.
  2. Because of situations beyond the control of ZoomZio™, we cannot guarantee that the Service will be available to you or that the Service will function properly. We do not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service.
  3. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the "External Sites"). You acknowledge that ZoomZio™ is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
  4. This Agreement will be governed by the laws of the State of New Jersey.  ZoomZio™ intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or other terms, conditions, policies, or guidelines on the Wildfire Interactive Site or of any applicable laws, rules, or regulations. We may release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. Any action or suit related to this agreement shall be brought in Jersey City, New Jersey.
  5. ZoomZio™ reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers' Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis
  6. You accept not use our Services to:
  7. intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
  8. to engage in activities, including , but not limited to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, obscene, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, libelous, invasive of another's privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable or any content that you do not have a legal right to make available
  9. post any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party or that which could give rise to criminal or civil liability.;
  10. make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are expressly designated for such purpose;
  11. attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization;
  12. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  13. ZoomZio™ is not designed to collect personal information from those under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you are not permitted to use the Service and should not provide personal information on our ZoomZio™ Web Site.
  14. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Terms of Use (Applies to All ZoomZio™ Campaign Entrants)

  1. Sponsors using the Service may ask you for certain personal information when you fill out the entry form for that Sponsor's Campaign. Providing this information is strictly optional. However, you may not be eligible to participate in the Campaign if you choose not to give those information. You need to see each Sponsor's Campaign rules for entry requirements and other important details.
  2. We do not, under any circumstances, use your information, for marketing, selling or sharing to third parties unless required to by law. Your information is kept strictly confidential. Only carefully selected, authorized personnel have access (for customer service and abuse-monitoring purposes) to view system accounts and campaigns.
  3. Sponsors of the campaign may use/share your personal information that is collected from Campaigns. Please review each Sponsor's Promotion rules and privacy policy for details. ZoomZio™ is not liable or responsible for any use of your personal data by any Sponsor running any Promotion or any other third party.
  4. Each Campaign rules, terms, and conditions are set by the Sponsors. Sponsors are responsible for ensuring Campaigns comply with applicable laws, rules, and regulations. You can reach the rules and terms of the Campaigns on the entry form.

Terms of Use (Applies to All Sponsors Running Campaigns with ZoomZio™ Campaigns)

  1. You agree that you comply with all applicable laws, rules, and regulations in the creation, operation and completion of your Campaigns.
  2. You warrant, and covenant that you will comply with all statements and promises made to Entrants.
  3. You will receive information provided by each Entrant, as specified in your Campaign rules. You agree that ZoomZio™ has the option (in its sole discretion) to use such information to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and as otherwise permitted in ZoomZio™'s Terms of Use and online policies.
  4. You agree that you comply with Facebook's Special Provisions and Terms of Use. You can reach that information form www.facebook.com "Facebook Web Site". You also agree to obey the "Facebook Promotions Guidelines" stated below, you may also reach those guidelines from http://www.facebook.com/promotions_guidelines.php

 

Facebook Promotions Guidelines

Date of Last Revision:  December 22, 2009


These Promotions Guidelines govern the publicizing or administering of any sweepstakes, contest, competition or other similar offering (each, a "promotion") on Facebook by you. For clarity, a "sweepstakes" is a promotion that includes a prize and a winner selected on the basis of chance. A "contest" or "competition" is a promotion that includes a prize and a winner determined on the basis of skill (i.e., through judging based on specific criteria). Publicizing a promotion on Facebook means promoting, advertising or referencing a promotion in any way on Facebook or using any part of the Facebook Platform. This may include, for example, in Facebook advertising inventory, on a Facebook Page, or through a status update. Administering a promotion on Facebook means operating any element of the promotion on Facebook or using any part of the Facebook Platform. This may include, for example, collecting submissions or entries, conducting the drawing, judging winning entries, or notifying winners. By publicizing or administering the promotion in any way on Facebook or using any part of the Facebook Platform, you agree to these Promotions Guidelines.

Section 1. General

1.1 Without limiting any provision set forth herein, you acknowledge and agree that you are responsible for ensuring that any promotion and the administration, advertising, publicizing and fulfillment of such promotion complies with all applicable federal, state, provincial and local laws and applicable regulatory and industry rules, regulations and guidelines.

1.2 You are fully and solely responsible and liable for your promotion, including, without limitation, every element of publicizing or administering a promotion on Facebook or using any part of the Facebook Platform, even if Facebook authorizes a promotion to be publicized or administered on Facebook or using any part of the Facebook Platform.

1.3 You will not in any way use our name, trademarks, trade names, copyrights, or any other of our intellectual property in the rules or any other materials relating to the promotion, without express written consent.

1.4 The promotion and any publicity associated with the promotion must be true and accurate, and cannot mislead, deceive or otherwise misrepresent the prize or any other aspect of the promotion.

Section 2. Prohibitions

You may not publicize or administer a promotion on Facebook if:

2.1 The promotion is open or marketed to individuals who are under the age of 18;

2.2 The promotion is open to individuals who reside in a country embargoed by the United States;

2.3 The promotion, if a sweepstakes, is open to individuals residing in Belgium, Norway, Sweden, or India;

2.4 The promotion's objective is to promote any of the following product categories: gambling, tobacco, firearms, prescription drugs, or gasoline;

2.5 The prize or any part of the prize includes alcohol, tobacco, dairy, firearms, or prescription drugs; or

2.6 The promotion is a sweepstakes that conditions entry upon the purchase of a product, completion of a lengthy task, or other form of consideration.

Section 3. Administering a Promotion through the Facebook Platform

You may not administer any promotion through Facebook, except that you may administer a promotion through the Facebook Platform with our prior written approval. Such written approval may be obtained only through an account representative at Facebook. If you are already working with an account representative, please contact that representative to begin the approval process. If you do not work with an account representative, you can use this contact form to inquire about working with an account representative. If we provide you such approval, you agree to the following:

3.1 You will only administer the promotion through an application on the Facebook Platform, as directed by us.

3.2 You will only allow users to enter the promotion in the following locations on Facebook:

3.2.1 On the canvas Page of an application on the Facebook Platform.

3.2.2 On an application box in a tab on a Facebook Page.

3.3 You will include the following language in a clear and conspicuous manner adjacent to any promotion entry field: "This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to [recipient(s) of information] and not to Facebook. The information you provide will only be used for [disclose any way that you plan to use the user's information]."

3.4 You will not mention "Facebook" in the promotion's rules except in the following ways: (i) "You can enter the Promotion through the [application name] application on the Facebook Platform. You can also find the application on the [tab name] tab on the [Page name] Page on Facebook."; (ii) to fulfill your obligations under Section 3.7.

3.5 You will designate an individual to act as a primary contact to address any communications from us with respect to the promotion.

3.6 You must submit materials for any promotion you plan on administering through the Facebook Platform to your account representative for our review and approval at least 7 days prior to the start date of such promotion. Promotions not approved in writing within such time period will be deemed unapproved.

3.7 You will include the following provisions within your official rules for the promotion:

3.7.1 Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.

3.7.2 Complete release for us from each entrant or participant.

3.7.3 Any questions, comments or complaints regarding the promotion will be directed to you, not us.

Section 4. Publicizing a Promotion on Facebook

You do not need our prior written approval if you are publicizing a promotion that is administered completely off of Facebook. However, we may remove any materials relating to the promotion or disable your Page or account if we determine that you violate these Promotions Guidelines, the Statement of Rights and Responsibilities or any other of our policies. If you publicize a promotion in any way on Facebook, in addition to the other terms and conditions contained in these Promotion Guidelines, without limiting your other obligations you agree to the following:

4.1 You will not directly or indirectly indicate that Facebook is a sponsor or administrator of the promotion or mention Facebook in any way in the rules or materials relating to the promotion.

4.2 In the rules of the promotion, or otherwise, you will not condition entry to the promotion upon taking any action on Facebook, for example, updating a status, posting on a profile or Page, or uploading a photo.  You may, however, condition entry to the promotion upon becoming a fan of a Page.

Section 5. Indemnification

You will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the promotion including without limitation the publicity or administration thereof.

Section 6. Facebook Rights

6.1 We may modify these Promotion Guidelines at any time without notice to you. You will subject to the most current version of these Promotion Guidelines then in effect.

6.2 All decisions regarding promotions on Facebook or using the Facebook Platform shall be determined by us in our sole discretion.

6.3 We reserve the right to review promotion rules and promotional copy at anytime but is under no obligation to do so. Our approval of rules or materials related to the promotion does not relieve you of any obligations in these Promotions Guidelines.

6.4 We may remove any materials related to a promotion at any time, regardless of whether the promotion was approved, where we determine the continued marketing or administration of such promotion may be unlawful under applicable laws, rules, regulations or guidelines or may cause unreasonable liability for us.

Please Note: You further acknowledge that compliance with these guidelines does not imply compliance with all applicable rules, regulations and laws. You are responsible for compliance with the foregoing and obtaining necessary counsel in connection therewith. In the event these Promotions Guidelines are inconsistent with the terms of the Facebook Statement of Rights and Responsibilities, the terms of the Promotions Guidelines will control.


Below we have provided a few examples to help you understand how to apply Section 3 of the Promotion Guidelines:

You cannot: Condition entry in the promotion upon a user providing content on Facebook, such as making a post on a profile or Page, status comment or photo upload.

You can: Use a third party application to condition entry to the promotion upon a user providing content. For example, you may administer a photo contest whereby a user uploads a photo through a third-party application to enter the contest.

You cannot: Administer a promotion that users automatically enter by becoming a fan of your Page.

You can: Only allow fans of your Page to access the tab that contains the third-party application for the promotion.

You cannot: Notify winners through Facebook, such as through Facebook messages, chat, or posts on profiles or Pages.

You can: Collect an address or email through the third-party application for the promotion in order to contact the winner by email or standard mail.

You cannot: Instruct people (in the rules or elsewhere) to sign up for a Facebook account before they enter the promotion.

You can: Instruct users to visit the third-party application to enter the promotion (as described in Section 3.4(i)). Since users must have a Facebook account in order to access an application on the Facebook Platform, if you give this instruction, they will be prompted to sign up for a Facebook account if they do not already have one.

  1. Pricing: You can reach the Pricing information from http://www.zoomzio.com/pricing.
  2. Payment: All major Credit/Debit Cards and PayPal are all acceptable methods of payment. Our Terms are payment in full before you publish your Campaign. Otherwise your Campaigns will not be activated.
  3. Refund: Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered. You may only cancel the campaign before you activate it. You may also make changes for the time interval or the type of the campaign. If the amount due exceeds the primary payment after the changes, then you will be charged for the amount for the difference.

These terms and conditions form part of the Agreement between the Customers, Entrants and ourselves. Your accessing to this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

 

 

Copyright © 2011 SetCube Systems, LLC. All rights reserved.


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