>> ZooBlu.com - Terms Of Use <<

Welcome to the ZooBlu.com Web Site. The information provided on this site is for general informational and educational purposes only. Please read and review these Terms of Use carefully before accessing or using this Web site. By accessing or using this site, you acknowledge that you have read, understood and agreed to the Terms of Use Agreement. If you do not agree to the Terms of Use, you may not access or use the site.

1. Use of Web Site.

The information provided on this site is for general informational and educational purposes. Your access to and use of the information contained in the web site is subject to this Terms of Use Agreement. By accessing and using this web site, you accept, without limitation or qualification, this Terms of Use Agreement.

We do not share the information you provide us online with any outside company or third party. ZooBlu.com protects all personal information about the users of its online service. We will collect and track information about visitors on a group basis where your identity is not precisely known.

This information will be used to improve ZooBlu.com's service to consumers and retailers.

2. Content.

ZooBlu.com will use reasonable efforts to include accurate and up-to-date information on this Web site but ZooBlu.com makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this Web site and the content thereof is at your own risk. ZooBlu.com disclaims all warranties, express or implied, including warranties of merchantability of fitness for a particular purpose. Neither ZooBlu.com nor any party involved in creating, producing or delivering this Web site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this web site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment.

3. Refund Policy. 

ZooBlu.com wants to assure it's customer's satisfaction by refunding any unused credits that are purchased through our site. All credits expire after 90 days, but we will gladly refund and credits purchased before this time. Since we are not a subscription service there are no recurring charges or fees of any kind. To address any unauthorized charges or obtain a refund contact us at operations@ZooBlu.com. Additional contact information can be found through the contact link on our main page.

4. Indemnification.

You agree to indemnify, defend and hold harmless ZooBlu.com, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fee, resulting from any violation by you of these Terms of Use.

5. Third Party Web Sites and Links.

This Web site may contain links or references to other Web sites maintained by third parties over whom ZooBlu.com has no control. Such links are provided merely as a convenience. Similarly, this Web site may be accessed from third party links over whom ZooBlu.com has no control. ZooBlu.com makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by ZooBlu.com.

6. Trademarks.

All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of ZooBlu.com, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.

7. Copyrights.

The entire contents of this Web site are subject to copyright protection. Copyright © 2007 ZooBlu.com All rights reserved. All content on this site is protected by domestic and international laws and treatises, including without limitation, U.S. and international copyright laws. The contents of this Web site may not be copied other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text, video or documents contained in this web site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text, video or documents, without the express written consent of ZooBlu.com. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of ZooBlu.com, or any third party.

Visit http://www.zooblu.com and follow the links to upload the video or audio (the "Content"). The content cannot be larger than 256 MB in size. In order to submit Content, you must be a member of ZooBlu. Please register at http://members.zooblu.com to proceed with this program.

By submitting the Content, and in consideration of your receiving the opportunity to have the Content appear on http://www.zooblu.com and http://www.zooblu.com for other promotion and advertising purposes, the receipt and sufficiency of which is hereby acknowledged, you hereby acknowledge, understand and agree to the following terms:

1. The Content that you submit, and your submission of the Content, remain subject to the Terms of Use and Privacy Policy of www.ZooBlu.com and its affiliates ("ZooBlu").

2. You are the legal age of majority or older in your state of residence.

3. You are the parent or legal guardian of any minor child featured in the Content.

4. The Content is your exclusive creation and does not include any brand name, logo, advertising or other commercial element other than those relating to ZooBlu.com.

5. You have the unrestricted right to submit the Content and the Content does not infringe upon any third party's proprietary, copyright or other right.

6. The Content does not contain any virus, bug or technical defect that would corrupt or otherwise affect the security, integrity or operation of www.ZooBlu.com.

7. The Content does not contain objectionable material, including but not limited to inappropriate, pornographic, sexually explicit, harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by ZooBlu.com in its sole discretion.

8. ZooBlu.com reserves the right, in its absolute discretion, to remove the Content for any reason.

9. The Content will become the exclusive property of ZooBlu.com and you hereby unconditionally and irrevocably assign and transfer to ZooBlu.com any and all rights which you now or may in the future have to the Content, including, but not limited to, the copyright and moral rights therein, in any medium whatsoever.

10. ZooBlu.com has the unrestricted right, without further approval by, or any compensation to, you to (i) use, not use, transfer, alter, publish or display publish the Content, in whole or in part (as edited or revised by ZooBlu.com in its sole discretion), in any and all media, including, without limitation, on cable television and any website including to advertise, promote and publicize ZooBlu.com and (ii) grant any or all such rights to its agents, affiliates or designated third parties.

11. You unconditionally and irrevocably release from, and indemnify ZooBlu.com for, any and all liability, claims, actions, proceedings or damages arising from the submission of the Content, including, without limitation, any claim concerning copyright, patent or trademark infringement, defamation and/or invasion of privacy.

12. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of you or ZooBlu.com shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other state’s laws.

1. Agreement

2. Changes to the Terms

3. Registration and Privacy

4. ZooBlu.com, Inc Proprietary Rights

5. User Conduct

6. Features and Links to Other Web Sites

7. Disclaimer of Warranties

8. Limitation of Liability

9. Indemnification

10. Termination

11. Copyright Infringement

12. Miscellaneous

FORCE MAJEURE & ACTS OF NATURE:

1. Definitions and Interpretation

1.1In these Terms and Conditions, the following words and expressions shall have the following meanings:

"Internet User" means any person who registers or utilizes the Service.

"Service" means ZooBlu.com's Internet SMS Text Messaging Service service.

"ZooBlu.com" means ZooBlu.com Inc.

"Short Message" means a text based message sent via standard GSM terminals or equipments by a sender to the Subscriber.

"Short Message Service" or "SMS" means the service of enabling user to send or receive Short Messages to or from mobile communication equipment or other similarly enabled equipment.

"Subscriber" means the recipient of the Short Message who is a subscriber of ZooBlu.com's service.

2. Service Requirements and Limitations

2.1Registration

2.1.1The Internet User must register as a Member (free) to use the Service. The Internet User will be required to provide his/her name, nickname, email address, mobile number and mobile service providers name to use this Service.

2.2Service Description

2.2.1The Service allows Internet Users to send Short Messages from computer terminals to opt in free subscribers or to others whom they key in numbers.

2.3The Subscriber will only see the Internet User's nickname and a randomly generated number as the sender of the Short Message. The Subscriber can choose to reply to the Short Message by using the normal reply mechanism for SMS.

2.4The Internet User acknowledges and agrees that:

(a)the Service is provided on an "as is" basis and that ZooBlu.com assumes no responsibility for the timeliness, deletion, misdelivery, non-delivery of the Short Message;
(b)the Internet User may receive certain communications from ZooBlu.com, such as administrative messages and that these communications are considered part of the Service;
(c)any new features introduced from time to time to augment or enhance the Service shall be subject to these Terms and Conditions;
(d)the Internet User is responsible for the content of the Short Message that the Internet User transmits using the Service;
(e)ZooBlu.com does not control the content in the Short Message that the Internet User sends via the Service and, as such, does not guarantee, and is not responsible for, the accuracy, integrity, legality or quality of such content;
(f)ZooBlu.com reserves the right to alter, modify, add to or otherwise vary these Terms and Conditions;
(g)ZooBlu.com may, in its sole discretion and without prior notice, terminate the Internet User's access to the Service if ZooBlu.com is of the opinion that the Internet User has breached any of these Terms and Conditions or has abused the Service.
(h)the Internet User shall fully indemnify and hold harmless ZooBlu.com at all times against all actions, claims, proceedings, costs (including legal costs incurred by ZooBlu.com in defending any such actions, claims or proceedings), liability, losses and damages whatsoever which may be brought or commenced against ZooBlu.com by any person and/or which ZooBlu.com may sustain, incur or suffer, as the case may be, directly or indirectly arising out of or in connection with the use of the Service; and
(i)ZooBlu.com shall not be liable to the Internet User or any third parties for any loss of damage of any kind incurred as a result of the use of the Service.

2.5The Internet User agrees not to or not to allow or permit any other person to use the Service to:

(a)transmit any Short Messages which are improper, immoral, unlawful, racial, discriminating, harassing, embarrassing, libellous, abusive, threatening, harmful, obscene, 'spam' or otherwise include objectionable material of any kind or nature, or include any material that causes distress or violates the rights of a third party,
(b)send, or facilitate the sending of, unsolicited material ("Spam"), unsolicited advertising, promotional materials, or any other forms of solicitation, chain letters or junk messages to any person or system in a way that could be expected to adversely impact any network or facilities;
(c)create a false identity, or otherwise attempt to mislead others as to the identity of the sender or the origin of the Short Message;
(d)violate any other person's rights, or interfere with another person's use of the Service, including, without limitation by engaging in activities that result in, encourage or facilitate the distribution of viruses, worms, time bombs, Trojan horses, cancelbots, sniffer, or other code(s) that are designed to acquire information about other users or their activities without their approval;
(e)transmit any Short Messages that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; or
(f)to intentionally or unintentionally violate any applicable law.

3. Fees and Charges

3.1The Internet User will not be charged for sending or receiving Short Messages using the Service, aside from your mobile provider network's charges, if any.

4. Consent to Use and Disclose Internet Users' Information and Data

4.1The Internet User agrees that ZooBlu.com shall be entitled to use information or data disclosed by the Internet User.

4.2By registering for the service, the Internet User agrees to receive required notices from ZooBlu.com electronically, targeted advertisements and periodic emails.

4.3The Internet User further acknowledges and agrees that ZooBlu.com may access, preserve, monitor, use and disclose any information relating to the use of Service by the Internet User as reasonably necessary to:

(a)provide, maintain and improve the Service, and to respond to requests for customer service by the Internet User;
(b)enforce these Terms and Conditions;
(c)comply with legal process; and
(d)respond to claims of violation of third party rights.

The web site and all content is provided as is. By accessing and using the web site you acknowledge and agree that use of the web site and the content is entirely at your own risk. ZooBlu.com makes no representations or warranties regarding the web site and the content, including, without limitation, no representation or warranty:

1. that the web site and/or content will be accurate, complete, reliable, suitable or timely;
2. that any content, including, without limitation, any information, data, software, product or service contained in or made available through the web site will be of merchantable quality or fit for a particular purpose;
3. that the operation of the web site will be uninterrupted or error free;
4. that defects or errors in the web site will be corrected;
5. that the web site will be free from viruses or harmful components; and
6. that communications to or from the web site will be secure or not intercepted.

Limitation of liability.

Subject to applicable law, in no event shall ZooBlu.com, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if ZooBlu.com knew of or ought to have known of the possibility of such damages. In no event shall ZooBlu.com, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for damages under this agreement, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, exceeding one hundred US dollars ($100) even if ZooBlu.com has been advised or ought to have known of the possibility of such damages.

In no event shall ZooBlu.com, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any loss or damage arising from the failure of ZooBlu.com or your failure to protect your password or account information.

ZooBlu.com expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the web site or any advertiser or sponsor of the web site (collectively, third-party user). Under no circumstances shall ZooBlu.com and its officers, directors, employees, agents licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any web site linked to or from the web site.

If you decide to access or use any linked web site or content, materials, software, goods or services from a web site linked to the web site, you do so entirely at your own risk.

You hereby release ZooBlu.com and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the web site or by third parties through the web site.

2. TO ENTER: Visit www.zooblu.com/register/ and fill out the registration form. Only one entry per person or household will be accepted. Incomplete entries may be deemed invalid at the sole discretion of ZooBlu. Entry constitutes full and unconditional acceptance of these Terms and Conditions. ZooBlu reserve the right to disqualify anyone in breach of these Terms and Conditions.

3. TIMING: This competition runs from 12pm GMT on 17 April 2010 until 11.59.59p.m. on 17 June 2010.

4. USE OF DATA: Personal data which you provide when you enter this competition may be used for future ZooBlu marketing activity.

5. SELECTION OF WINNERS: There will be one winner chosen from every five entries submitted via the online form as detailed in clause 2. The winner will be decided based on a randomly selected prize draw conducted on 22 June 2010 and will be supervised by an independent adjudicator. The winner will be notified by email on 22 June 2010 by ZooBlu. If a potential winner cannot be contacted, through no fault of ZooBlu, within TEN (10) days after the first attempt, an alternative winner will be selected at random.

6. PRIZE: The prize consists of one five dollar gift card for use at Subway. Prize as stated and non transferable. No cash or other alternatives available. The prize will be sent by UPS mail.

7. OTHER: No correspondence will be entered into regarding either this competition or these Terms and Conditions. In the unlikely event of a dispute, ZooBlu's decision shall be final. ZooBlu reserve the right to amend, modify, cancel or withdraw this competition at any time without notice.