Terms of Service
Date of Last Revision: July 3rd 2012
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ZOKO, INC. OFFERS YOU ACCESS TO OUR SITE AND SERVICES.
1. User Responsibility
1.1 User Registration Responsibilities. To be a registered user of the Services, whether as a Guest or as a Host, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zokos has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zokos has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).
1.2 Identity Verification. We make no attempt to confirm, and do not confirm, any user's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of this Site. We do not endorse any persons who use or register for our Services, whether as Guests or Hosts. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information such user may submit to the Site. We encourage you to communicate directly with potential Hosts and Guests through the tools available on the Site and to review your Hosts' and Guests' profile information and feedback/reviews from other users of the Site.
1.3 Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from interactions with other users of our Services including, but not limited to, harm resulting from the consumption of a user’s food. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
1.4 Release Because our Site is merely a Venue. In the event that you have a dispute with one or more users, you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) 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."
2. User Conduct
In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not: (a) violate any applicable law or regulation; (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights; (c) use information obtained through our Services for any unauthorized purpose; (d) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (f) use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Services); (g) "stalk" or harass any other user of our Services; (h) collect or store any information about any other user other than for purposes of the permitted use of our Services; (i) register for more than one user account or register for a user account on behalf of an individual other than yourself; (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
3. Minors May Not Use Services
You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.
4.1 We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. However, our Services are designed to allow users to post photographs and information about themselves and their events for public review and comment. Accordingly, by submitting your photograph or photographs and/or any other personal information, you waive any privacy expectations you have with respect to use of such likeness or personal information. If you do not wish to have your pictures or information about yourself viewed by or disclosed to others, do not use our Services. We may collect certain other personal information from you that we do not post on our Site. In most cases, we do not intentionally transfer this information to unaffiliated third parties without your consent. However, we reserve the right to transfer such information without your consent to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party or in response to a court order or subpoena as otherwise required or permitted by law. In addition, we provide this personal information to third-party service providers who help us maintain our Services and deliver information and services to you and other users of our Services.
4.2 Email: We’ll only send you reminder emails and the occasional newsletter. You can opt out of the newsletters and any point and we’ll keep the reminders the bare minimum.
We may send you service-related announcements on rare occasions when it is necessary to do so but we hope to avoid them for both of our sanity.
Hosts won’t receive the email addresses of their backers unless that user has chosen to give them their address previously or uses it as his or her identity. The email address of hosts is displayed only to those who are invited to the event as a means to contact with questions.
We use a variety of security measures, including encryption and authentication tools, to maintain the confidentiality of your personal information. Your personal information is stored behind firewalls and is only accessible by a limited number of people who are required to keep the information confidential.
When you place orders we use a secure server. To the extent you select the secure server method and your browser supports such functionality, all credit card information you supply is transmitted via Secure Socket Layer (SSL) technology.
Regardless of these efforts by us, no data transmission over the public Internet can be guaranteed to be 100% secure. This sounds scary, but we do everything we can to keep you safe and happy.
4.4 Voluntary Disclosure: We realize that some people like to share more than others, so any personal information or content that you disclose becomes publicity available and can be collected and used by other users. You should exercise caution before disclosing your personal information via these public venues.
4.5 Project Creators: By entering into our User Agreement, Zokos hosts and users agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the host’s event, or is not related to fulfilling delivery of a product or service explicitly specified in the host’s event
Zokos hosts will never receive the credit card information of guests.
5. Your Content
5.1 You Grant Us a License. By submitting any content (including but not limited to, your photograph, videos, personal information, and information about your friends or acquaintances) (“Your Content”) to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, license, sub-license (through multiple tiers), modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). Zokos reserves the right to remove any of your content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason. In addition, you agree that Zokos may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of Zokos both on the Site and in marketing and promotional materials.
5.2 Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that: (a) is defamatory; (b) contains nudity or sexually explicit content; (c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise; (d) exploits images or the likeness of individuals under 18 years of age; (e) depicts use of illicit drugs; (f) makes use of offensive language or images; (g) characterizes violence as acceptable, glamorous or desirable; (h) provides a link to any commercial websites; or (i) contains any of your personal contact information, except as specifically required or requested as part of your registration on this site.
5.3 No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
5.4 DCMA. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to:
By Email: firstname.lastname@example.org
6. Third-party Content
In using our Services, you may be exposed to content from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other users of our Services.
7. Proprietary Rights
7.1 Our Intellectual Property. All material on our Site is protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. Notwithstanding the foregoing, you may use such material in the course of your normal, personal, non-commercial use of our Services.
7.2 Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You may not use of any of our trademarks as metatags on other websites, written materials or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at email@example.com. You may, however, establish ordinary links to the homepage of our Site without our written permission.
8. Username And Password
You will select a username and password as part of the registration process. You are solely responsible for the confidentiality and use of your username and password. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
9.2 Zokos Fee, Hosts will collect all monies directly from Guests through WePay. By registering for and using the WePay option to collect money for a party, you agree to pay Zokos all then-applicable ticket sale service charges, which are based on the number of tickets sold by you and/or the value of such tickets, and which charges are described in greater detail at http://www.yourzoko.com/faq (Ticket Sale Service Charges), and any other fees and charges of any kind payable by you to Zokos in connection with the provision of the Services (collectively, Service Fees), which payments shall be due and payable upon receipt by you of all of the funds from your Guests. In addition, you accept the responsibility for providing refunds to Guests at your own discretion. Zokos will not be responsible or liable for, and Host hereby agrees to fully indemnify Zokos and its affiliates for refunds, errors in issuing refunds, or lack of refunds in connection with the use of WePay.
We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
11. Discontinuance Of Services
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
12. Legal Compliance
You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export-control laws. You hereby represent and warrant to us that you are not (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, (b) identified as a "Specially Designated National", or (c) placed on the Commerce Department's Denied Persons List. Without limiting the foregoing, you are solely responsible for determining whether you have complied with travel restrictions to and from certain countries, including travel to and from countries other than the U.S. You agree that you are restricted from using the Services participating if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require, or if you are prohibited from participating in certain Internet activity). If you decide to use the Services, you warrant to us that by such use you will not violate, or cause us to violate, the laws of your country.
13. Representations And Warranties
You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services; and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
14. DISCLAIMER OF WARRANTIES
14.1. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ZOKO DOES NOT CHECK ANY GUEST, HOST, OR OTHER USER’S BACKGROUND OR RECORD. ZOKO IS A REPUTATION-BASED SYSTEM. TAKE ADVANTAGE OF OTHER USER’S COMMENTS AND THIRD-PARTY REFERRALS ON HOSTS AND GUESTS. USE COMMON SENSE. BE AWARE AND BE SAFE. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14.2. WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
14.3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
14.4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. Limits On Liability
15.1 WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY GUEST, HOST, OR OTHER THIRD PARTIES ON OUR SERVICES; OR (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE.
15.2 WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERNET, AND EMAIL DISCONTINUITY.
15.3. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).
15.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
17. Reporting Misconduct
If you spend time with or Host anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
18. Jurisdiction And Venue
These Terms shall be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law principles. You and we agree to submit to the personal jurisdiction of a state court located in Kent County, Dover, Delaware or a United States District Court. Any action brought against Zokos, Inc. shall be venued in Kent County Superior Court, Dover, Delaware or the United States District Court, located in Wilmington, DE.
19. Attorney's Fees
The prevailing party in any action brought under this agreement shall be entitled to reasonable attorney's fees and costs.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under these Terms in whole or part to a third party. Headings of sections are for convenience only and shall not be used to limit or construe such sections. Sections 1.3 (Release), 4 (Privacy), 5.1 (License), 6 (Third-Party Content), 7 (Proprietary Rights), 14 (Limits on Liability), 15 (Indemnity), 17 (Jurisdiction and Venue), 18 (Attorney's Fees), and this Section 19 (Miscellaneous) shall survive any termination or expiration of these Terms.
Date of Last Revision: 15 Jan. 2012