By using the ZumoCast.com web site and any ZumoCast desktop and mobile software (“Service”) of Zecter, Inc (“Company”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Violation of any of the terms below will result in the termination of your Account.
Company reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, will be subject to the Terms of Service. Continued use of the Service after any such changes will constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.zumocast.com/tos
You have sole responsibility for all User Files that you store and/or share on ZumoCast servers through use of the Service. You acknowledge and agree that Zecter will not be responsible for any failure of the Service to store or secure User Files, for the deletion of User Files stored on the Service, or for the corruption of or loss or any data, information or content contained in any User Files.
The Service provides the ability to allow User to access files (“User Files”) on a variety of devices including computers, smart phones, and web browsers. The Service streams User Files by providing a piece of “server” software that runs on computer(s) that User owns. You acknowledge and agree that Company may establish general practices and policies concerning use of the Services, including, without limitation, the maximum amount of data transfer the user may incur using the Service.
- You must be a person representing yourself or an organization. Accounts registered using automated methods are not permitted and will be terminated.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all activity that occurs and User Files that are stored and/or shared under your account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- One person or legal entity may not maintain more than one free account.
- You will share User Files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; and (ii) that do not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right).
- We claim no intellectual property rights over User Files. Your profile and any User Files stored and/or shared remain yours. However, by sharing User Files through the Service with other Users, you agree to allow others to view, edit, and/or share your User Files.
- Company has the right (but not the obligation) in its sole discretion to refuse or remove any User Files that are shared via the Service.
Zecter respects the intellectual property of others, and we ask our users to do the same. Content stored in ZumoCast or shared through ZumoCast by users may be protected by copyright and the intellectual property laws of the United States and/or other countries. It is Zecter’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe or repeatedly infringe the copyrights or other intellectual property rights of others.
Procedure for Reporting Copyright Infringements
If you believe that content stored in and/or shared through the ZumoCast service infringes a copyright, please send a notice of copyright infringement containing the following information to Zecter’s copyright agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ZumoCast is capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, email address; A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Zecter’s copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Attention: James Lai
Motorola Mobility - Law Department
600 US Highway 45, W435M
Libertyville, IL 60048
- You use the Service is at your own risk. The service is provided on an “as is” and “as available” basis.
- You understand that Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Company.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the prior written permission of Company.
- You understand that the technical processing and transmission of the Service, including your User Files, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Company) of other customers of the Service, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.
- Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, or error-free, or (iii) any errors in the Service will be corrected.
- You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
- The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, including only United States (federal or state) taxes.
- Upgrade in plan level will be processed right away. Your credit card will be charged a prorated amount of the difference in service fee between the two plans. There is a minimum $1 upgrade fee.
- For any downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Company does not accept any liability for such loss.
- You are solely responsible for properly canceling your account. You may cancel your account by sending an email to email@example.com
- All of your User Files will be deleted from the Service one month after cancellation. This information can not be recovered once it has been deleted.
- Company, in its sole discretion, has the right to suspend your account and refuse any and all current or future use of the Service, pending investigation, for any reason at any time. Such termination of the Service may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all User File in your Account. Company reserves the right to refuse service to anyone for any reason at any time.
- Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to free beta programs and monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes our web site (http://www.zumocast.com/) or the Service itself.
- Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.