This EULA is made and entered into between ZappoTV, Inc., (650-450-8722, firstname.lastname@example.org) or one of its subsidiaries or affiliates and you.
We may occasionally change these Terms, so we encourage you to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each of the Services. If you continue to use the Services after we change the Terms, you accept all changes.
3. Registration and Access Controls
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.
4. Intellectual Property; License
The content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services. a. Viral Distribution - We may expressly authorize you to redistribute certain Content for personal, non-commercial use. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups). We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. b. Commercial Licenses - You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.
5. Legal Complaints
ZappoTV, Inc. respects intellectual property rights. If you believe that Content on the Services infringes your copyright, please follow our procedures for making a copyright infringement claim. If you have a legal complaint other than a copyright claim, please follow our procedure for making other legal complaints.
6. User Submissions
7. Third-Party Content
8. Fee-Based Services
If you accept fee-based products or features, you agree to the terms and conditions governing all such purchases, including all requirements to pay applicable fees and charges. We will notify you of any changes to fees and charges. Billing for all mobile subscription services will be governed by the Mobile Features section of these Terms unless the terms of the subscription say otherwise.We may offer trial subscriptions to paid services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions and any other subscription services we provide will be automatically renewed at the current subscription rate if you do not cancel before the end of the trial or subscription period. You may need to cancel your subscription at least 10 days prior to its renewal date in order to avoid further charges.Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.
9. Acceptable Use
The Services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:• Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;• Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;• Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the ZappoTV, Inc. Parties and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);• Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;• Transmit files that contain viruses, spyware, adware, or other harmful code;• Advertise or promote goods or services without our permission (including, without limitation, by sending spam);• Interfere with others using the Services or otherwise disrupt the Services;• Transmit, collect, or access personally identifiable information about other users without the consent of those users and ZappoTV, Inc.;• Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or• Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
10. Site Access; Account Deletion
You will defend, indemnify, and hold harmless ZappoTV, Inc., its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “ZappoTV, Inc. Parties”) with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). ZappoTV, Inc. retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 11 without ZappoTV, Inc.’s prior written approval.
12. Disclaimers; Limitation of Liability
THE ZAPPOTV PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE ZAPPOTV PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”THE ZAPPOTV PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE ZAPPOTV PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE ZAPPOTV PARTIES’ LIABILITY IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO ZAPPOTV IN THE THREE MONTHS PRECEEDING THE CLAIM.YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE ZAPPOTV PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE ZAPPOTV PARTIES, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING USER SUBMISSIONS).YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of California, except California's conflict of law rules. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in San Francisco, California. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in San Francisco, California. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
2. Information Collected
Contact information, such as name, email address, postal address, phone number, facsimile number, and mobile number;
User name, password, and password reminder questions and answers;
Age and date of birth;
Other demographic information, such as gender, job information, and zip code;
Information for a public profile, such as your interests and the address of your web site;
Communications preferences, such as which newsletters you would like to receive;
In limited circumstances, payment and identity verification information, such as credit card number, social security number or comparable national identifiers, and driver's license number where needed for payment or to access a particular service (e.g., contests);
Contact information about others when you provide information about others or refer a friend to a particular site or service (note: such information is used solely to facilitate the communications requested);
Information posted in community discussions and other interactive online features;
Correspondence you send to us; and
Information collected about you offline (including via facsimile, mail, or in person for sweepstakes entrance forms).
Information we collect automatically on ZappoTV Websites.ZappoTV Web Sites may collect certain information automatically, including:
Your browser type and operating system;
Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area;
Sites you visited before and after visiting a ZappoTV Web Site;
Web pages and advertisements you view and links you click on within ZappoTV Web Sites;
Unique identifiers, including mobile device identification numbers that can identify the physical location of such devices in accordance with applicable law;
Information collected through cookies, web beacons, and other technologies;
Information about your interactions with video content, such as the type of content viewed, and information about your interactions with email messages, such as the links clicked on and whether the messages were opened or forwarded;
Upon request, your bandwidth speed and information about the software programs installed on your computer; and
Standard server log information.
Information we obtain from other sources. We may collect information about you from other sources, including through interactive applications (such as mobile devices, third-party services, and embedded video players), from co-branded partners, and from commercially available sources (such as data aggregators and public databases). The following are examples of information we may collect from other sources:
Name, postal address, and telephone number;
Demographic data, such as age, gender, and income level;
If you access third-party services (such as Facebook Connect) through a ZappoTV Web Site, your username and password for those services and other information available about you on those services;
Your interests and purchase behavior;
Publicly-observed data, such as activities on blogs, videos, and other online postings; and
Other navigation data, such as web sites visited and advertisements viewed or clicked on.
Please note that all of the information we collect about you may be combined, including to help us tailor our communications to you and to develop rich online content and services across the ZappoTV Web Sites.
3. Use of Information
We only use payment and identity verification information, such as credit card numbers, driver's license numbers, social security numbers, or comparable national identifiers as necessary for completing a particular transaction or fulfilling a service (e.g., paid subscriptions or awarding prizes to contest winners) or as otherwise required by law.We generally use other information we collect about you to:
Fulfill your requests for products, services, and information, including to send you electronic newsletters, authorize a purchase, and complete a transaction that you have requested;
Enable you to participate in features such as surveys, polls, sweepstakes, and message boards;
Provide you with special offers and promotional materials on behalf of ZappoTV Web Sites, companies within our corporate family, and third parties, in accordance with applicable law;
Analyze the use of ZappoTV Web Sites and information about visitors to our Web Sites to understand and improve our service offerings;
Customize the content you see when you visit a ZappoTV Web Site;
Develop and provide advertising tailored to your interests, as described in our overview of ZappoTV online advertising;
For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
4. Disclosure of Information
ZappoTV is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you.
With your consent. You may be asked to consent to have your contact information shared with third-party business partners. For example, ZappoTV Web Sites such as ZDNet.com and BNET.com offer free access to relevant services (e.g., webcasts and white papers) if you agree to have your information shared with third parties so they can contact you about related products and services.
Authorized third-party service providers. We share your information with third-party vendors who help us with specialized services, including customer support, email and text message deployment, business analytics, marketing, and data processing. These third parties are allowed to use your contact information to help us provide our services and not for any other purpose.
Sweepstakes, contests, or promotions. When you choose to enter a sweepstakes, contest, or other promotion, and in accordance with the terms and conditions of the promotions, your information may be disclosed to sponsors and third parties who help administer the promotion, including in connection with winner selection and prize fulfillment. Your information also may be disclosed as required by law, such as on a winners list. Also, by entering a promotion, you are agreeing to the official rules that govern that promotion, including allowing the sponsors to use your name, voice, and likeness in advertising and marketing associated with the promotion in accordance with applicable law.
ZappoTV Web Sites and other ZappoTV businesses. The ZappoTV family continues to grow to include innovative ZappoTV Web Sites that offer rich and deep interactive experiences. We may share information we collect about you within the family of ZappoTV Web Sites and with ZappoTV, Inc., our parent company, and other ZappoTV-affiliated companies, so we can provide you with information about products and services that might interest you.
Business transfers. We may share your information in connection with a substantial corporate transaction, such as the sale of a ZappoTV Web Site, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
Legal requirements. We may disclose information about our users, including contact information, to respond to subpoenas, court orders, legal process, and other law enforcement measures, and to comply with other legal obligations, such as FCC requirements.
Please note that we may share information with advertisers as described in our overview of ZappoTV online advertising. We also may share aggregated or anonymized information with third parties, including helping us develop content and services we hope you will find of interest. This information cannot be used to individually identify you.
5. Your Choices
You can choose to enjoy content and features on ZappoTV Web Sites without directly providing us with any information about you; however, as described above, some information may automatically be collected or may be requested so you can take advantage of certain features and services offered on ZappoTV Web Sites.You can opt out of receiving commercial email or text messages from a particular ZappoTV Web Site or service by following the instructions contained in any such message. Please note that even if you unsubscribe to commercial messages, we still may need to send you communications relating to your use of the ZappoTV Web Sites, such as service announcements.You have a choice about the display of relevant advertisements by third parties; for more information, visit our overview of third-party online advertising.
If you choose to share contact information with us, you may have the opportunity to update that information on a ZappoTV Web Site. You also may update or amend your information by contacting us. If you ask us to shut down your account or delete your information, we will disable your account within a reasonable period of time. Please note that we may need to retain some information about you in order to satisfy our legal and security obligations. For example, some of your information may remain in back-up storage even if you ask us to delete it. In some cases, you may be entitled under local laws to access or object to the processing of information that we hold relating to you.
7. Protection of Information
We are committed to protecting your information. We have adopted commercially reasonable technical, administrative, and physical procedures to help protect your information from loss, misuse, and alteration. Please note that no data transmission or storage can be guaranteed to be 100% secure. We want you to feel confident using ZappoTV Web Sites but we cannot ensure or warrant the security of any information you transmit to us. Please refer to the U.S. Federal Trade Commission's web site for information on how to protect yourself from identity theft.
8. Visiting from Outside the United States
ZappoTV is headquartered in the United States. Please be aware that information you provide to us or we obtain as a result of your use of the ZappoTV Web Sites may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using and participating in any ZappoTV Web Site or providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the United States.
9. Privacy Protections for Children
Most ZappoTV Web Sites are intended for a general audience and do not knowingly collect or store contact information about children under the age of 13. Some ZappoTV Web Sites may ask for a birth date to ensure that they are not collecting information from children under 13 or to identify when additional steps may need to be taken in connection with information collected from children under 18. In those instances where a ZappoTV Web Site has actual knowledge that it collects information from children, or offers a service directed toward children, it will comply with applicable laws, including the U.S. Children's Online Privacy Protection Act.
10. No Guarantees
11. User-Generated Content