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
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
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
Because user authentication on the Internet is difficult, we cannot and do not
confirm each userâ€™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 Â§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 peopleâ€™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
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
entire agreement between you and Listopica, Inc. with respect to the use of the
You can report abuse of these Terms to firstname.lastname@example.org