Terms of Use - ZooKazoo.com

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND KD LEARNING, INC. (“WE” “US” OR “KD LEARNING”) AND GOVERN YOUR ACCESS TO, AND USE OF KD LEARNING, INC.’S WEBSITE LOCATED AT WWW.ZOOKAZOO.COM (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. KD LEARNING MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND KD LEARNING CAN CHANGE THESE TERMS AT ANY TIME WITHOUT NOTICE BY POSTING UPDATED TERMS OF USE ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THE SITE PERIODICALLY FOR UPDATES AND CHANGES.

General Use Restrictions

KD LEARNING provides content and other services through the Site. Certain information, documents, products and services provided on and through the Site, including content, trademarks, logos, graphics and images that are not Submissions (as defined below) (together, the “Materials”) are provided to you by KD LEARNING and are the copyrighted work of KD LEARNING or KD LEARNING’s contributors.

KD LEARNING grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials, use the services and the Site and create derivative works of our postcards, on screen messages and Zelegrams, all solely for your personal use if you are an individual and solely for business use if you are an organization or agent of your organization. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site, any Materials on any legal basis.

Password Restricted Areas of the Site

You may need a password to login to the Site and use certain functions and areas within the Site (“Restricted Areas”). If you are an authorized member of the Restricted Areas, you are responsible for maintaining the confidentiality of your password and account, and agree to notify KD LEARNING if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify KD LEARNING of any unauthorized use of your account or any other breach of security in relation to the Site known to you. You will not use other members’ contact information gathered from Restricted Areas of the Site for commercial purposes and agree not to provide any other member’s contact information to any third party that is not a registered member of KD LEARNING.

Purchases

If applicable, you will pay all fees or charges to your account based on KD LEARNING’s fees, charges, and billing terms in effect as shown on the membership page. You are responsible for paying any taxes that may apply. If you do not pay on time or if KD LEARNING cannot charge your credit card, PayPal or other payment method for any reason, KD LEARNING reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that KD LEARNING is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Site and/or the service and the fees will be billed to your credit, PayPal or other payment method on your initial registration with this Site and thereafter at regular intervals for the remainder of the term of these Terms or unless these Terms are otherwise terminated. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that KD LEARNING may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

If you have any billing problem or question, please click here. billing@ZooKazoo.com.

Privacy Policy

Your use of the Site is governed by the KD LEARNING Privacy Policy.

Third Party Content

Certain information and content that are not Submissions may be provided by third party licensors and suppliers to KD LEARNING (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. KD LEARNING DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites

This Site may be linked to other sites that are not KD LEARNING Sites. KD LEARNING is providing these links to you only as a convenience, and KD LEARNING is not responsible for the content or links displayed on such sites.

Submissions

You acknowledge that you are responsible for the information and material that you submit, including without limitation, avatar names, avatar profiles, profile snapshots or photos, avatar customizations, avatar actions, chat, message board or other forum communications (each a “Submission”) through posting areas, catalogs, emails, instant messaging or other services available in connection with this Site, and that you, and not KD LEARNING, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the KD LEARNING Privacy Policy, you agree that any Submission provided by you in connection with this Site in public posting areas is provided on a non-proprietary and non-confidential basis. You agree that KD LEARNING shall be free to use or disseminate a Submission which is posted in public posting areas on an unrestricted basis for any purpose. If you submit information to the Site, you grant KD LEARNING a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. However, KD LEARNING agrees to use your information in accordance with KD LEARNING’s Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO KD LEARNING, SUCH AS YOUR SUBMISSIONS. You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission.

You represent and warrant that: (i) you own the Submissions posted by you on or through the Site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by you to or through the Site.

Posting Etiquette

KD LEARNING asks that you respect the KD LEARNING online community as well as other individuals participating within the KD LEARNING online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Submissions to or otherwise using the Site and/or the services, you agree not to, without limitation:

Post off-topic messages.
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Impersonate or represent KD LEARNING, our staff or other industry professionals.
Solicit a member’s password or other account information.
Harvest user names, addresses, or email addresses for any purpose other than to conduct KD LEARNING business.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
Disrupt the flow of chat in any manner, including without limitation vulgar language or abusiveness.
Post anything that exploits children or minors or that depicts cruelty to animals.
Post any copyrighted or trademarked materials without the express permission from the owner.
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Post any content that is mature or adult in nature on the “general audience” section of the Site that is more appropriate for the “adult section” of the Site.

This list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require KD LEARNING to monitor, police or remove any Submissions or other information submitted by you or any other user. However, KD Learning may elect to do so in its sole discretion. KD LEARNING reserves the right to (a) terminate your access to your account, your ability to post to the Site or the services and (b) refuse, delete or remove any Submissions or move any Submissions from “public” to “private” status; with or without cause and with or without notice, for any reason or no reason, or for any action that KD LEARNING determines is inappropriate or disruptive to the Site, services or to any other user of the Site and/or services. KD LEARNING reserves the right to restrict the number of emails which you may send to other members and users to a number that KD LEARNING deems appropriate in KD LEARNING’s sole discretion. KD LEARNING may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at KD LEARNING’s discretion, KD LEARNING will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

You understand that your interactions and dealings with other users of the Site are solely between you and such other user. KD LEARNING shall not be responsible for any loss or damage of any sort incurred as a result of any such interactions and/or dealings and KD LEARNING will have no obligation to become involved in such dispute.

Unauthorized Activities

Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You shall indemnify and hold KD LEARNING and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) KD LEARNING or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.

Proprietary Rights

KD LEARNING and ZooKazoo.com are trademarks of KD LEARNING in the United States. All other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified, all information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of KD LEARNING, Copyright © 2007, KD LEARNING. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Copyright and Trademark Infringements

Notification:

KD LEARNING respects the intellectual property of others, and we ask you to do the same. KD LEARNING may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site or Restricted Areas of the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or a trademark infringement and appears on our Site, please provide KD LEARNING’s copyright agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KD LEARNING to locate the material.
Information reasonably sufficient to permit KD LEARNING to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

KD LEARNING’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail: Copyright Agent, KD Learning, 366 Cambridge Avenue, Palo Alto, CA 94306

By email: abuse@kdlearning.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Only the intellectual property rights owner may report potentially infringing items through KD LEARNING’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

Disclaimer of Warranties

Your use of this Site and/or the services is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by KD LEARNING, and they may include inaccuracies or typographical errors. KD LEARNING does not warrant the accuracy or timeliness of the Materials, Submissions or the Third Party Content contained on this Site. KD LEARNING has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by KD LEARNING or our licensors.

KD LEARNING, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES OR ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. KD LEARNING DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

KD LEARNING SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELATING TO YOUR SUBMISSIONS. IN NO EVENT SHALL KD LEARNING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING EVEN IF KD LEARNING KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

KD LEARNING controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General

If you violate these Terms, KD LEARNING may terminate your access to the Site or Restricted Areas without notice. KD LEARNING prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined by KD LEARNING, will result in immediate termination of your access to the Site or Restricted Areas. KD LEARNING has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. KD LEARNING’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and KD LEARNING and supersede all prior or contemporaneous negotiations, discussions or agreements between you and KD LEARNING about the Site. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.