Terms and conditions

Welcome to the ZOOMONGA website (the "Site"). Listopica, Inc. and its affiliates provide their products and services to you subject to the terms, conditions and notices contained in this Terms and Conditions ("Agreement").

By using this Site, you are indicating your acceptance to be bound by these terms, conditions and notices. Failure to abide by the following terms, conditions or notices will prohibit your use of this Site. Furthermore, we reserve the right to make changes to our Site and Agreement at any time without notice to you. Please visit this page periodically to review the Agreement because they are binding upon you.

You must be 13 years of age and older to sign-up and use this site.

You are responsible for keeping your sign-up info, conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Zoomonga.com website. Also you must not abuse, harass, threaten, impersonate or intimidate other Zoomonga users.

The collection, arrangement and assembly (compilation) of all content (including the underlying HTML code) on this Site (the "Site Content") is the exclusive property of Listopica, Inc. and protected by U.S. federal, state and international copyright laws. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the Site Content is strictly prohibited.

By submitting any information or other material to us, as a condition to your Membership, you hereby grant Zoomonga a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service.

As a condition to Membership, you represent and warrant to Zoomonga that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.

You control who sees your photos. Zoomonga is designed to provide a public and private, secure place for you to store and share your photos. Only you and the friends and family members you invite have access to your private photos.

We claim no intellectual property rights over the material you provide to the Zoomonga service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. However, by setting your uploaded images as "public", you agree to allow other Zoomonga users to view and share your images and you therefore agree to allow us to display and store them.

We encourage users to contribute their creations to the public domain or consider licensing their creations under less draconian terms than have become standard in most jurisdictions. Accordingly, we offer the ability to mark your content as belonging to the public domain or as licensed under a Creative Commons license. Copyright: When you use the Service, you become a participant in an online community of people who enjoy photography. In order for Zoomonga to make your photos available to you and your invitees, as well as to use images to offer you a special variety of online services, Zoomonga needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms.

Customer agrees not to submit any descriptions, photographs or contact information, to Zoomonga unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to store, publish and advertise the content and photo on the Zoomonga website.

Listopica, Inc. undertakes to obey all relevant copyright laws, however misguided we may all judge them to be. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws.

Because user authentication on the Internet is difficult, we cannot and do not confirm each user’s assumed identity. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release Listopica, Inc. (and its agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

We are under no legal obligation to control the information provided by other users. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases unintentionally or even intentionally mislabeled. We make no representations about the accuracy, reliability, completeness, or timeliness of any material in the Site Content. The use of our Site and the Site Content is at your own risk.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any pictures and text material contained therein placed by you on the Site.

Members are solely responsible for their postings on the Site. LISTOPICA, INC. DOES NOT WARRANT THAT ANY SITE PAGES WILL OPERATE ERROR-FREE OR THAT ANY SITE PAGE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY SITE PAGE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, LISTOPICA, INC. IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE PAGES AND SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. LISTOPICA, INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. LISTOPICA, INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL LISTOPICA, INC., ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SITE PAGE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SITE PAGE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LISTOPICA, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Listopica, Inc.shall have the sole authority to select and choose the manner in which any photos will be searched, arranged, displayed, accessed, downloaded, copied, and otherwise used on the Zoomonga website and Listopica, Inc. shall have the right to approve, deny, or replace any publicly displayed image with a default placeholder image.

Our Site contains links to third party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the accuracy thereof. If you decide to access linked third party web sites, you do so at your own risk.

Listopica, Inc. is in no way obligated to refund any money for any service purchases after the actual service has been activated or implemented. All sales are final, and all fees are non-refundable and non-transferable.

We reserve the right, at our sole discretion, to pursue all of its legal remedies, including but not limited to terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content t at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Zoomonga elsewhere on the Site, (ii) conduct Zoomonga believes is harmful to other Zoomonga users, the business of Zoomonga, or Listopica Affiliates, or (iii) failure to continue Active Participation in the Service. Zoomonga will not be liable to you or any third-party for any termination of your access to the Service.

You agree to defend, indemnify, and hold harmless Listopica, Inc., subsidiaries, affiliates, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by a third party alleging or resulting from your use of the materials or your breach of the terms of Agreement.

Any controversy or claim arising out of or relating to this Agreement or our products or services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Los Angeles County in the State of California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

We make no claims that this Site and Site Content may be lawfully viewed or accessed outside of the United States. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The laws of the State of California govern this Agreement, without giving effect to any principles of conflicts of laws. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Site, this Agreement constitute the entire agreement between you and Listopica, Inc. with respect to the use of the Site.

You can report abuse of these Terms to abuse@zoomonga.com

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