Acknowledgement and Acceptance of Terms of Use. By using the www.zumobi.com web site, and/or the mobile applications known as Zumobi, collectively a service (the "Service") of Zumobi, Inc. ("Zumobi"), you ("you" or "your", as appropriate) are agreeing to be bound by the following terms and conditions ("Terms of Use"). As a condition to your use of the Service, you warrant to Zumobi that you will not use the Service, or any of the content obtained from the Service, for any purpose that is unlawful or prohibited by these Terms of Use. If you violate any of these Terms of Use, your permission to use the Service automatically terminates. Ceasing use of the Service is your sole right and remedy with respect to any dispute with Zumobi.
Description of Service. The Service allows you to access, retrieve, and share content located worldwide throughout the Internet and/or allows users to upload Tiles (as defined below) that may be accessed by all users of the Service.
Modifications to Terms of Use. Zumobi may change these Terms of Use from time to time. Your failure to abide by the then current Terms of Use may result in termination of your Zumobi Service. Your continued use of the Service constitutes (i) an acknowledgment by you of these Terms of Use and its modifications, and (ii) an agreement by you to abide and be bound by these Terms of Use, its modifications and the Zumobi Privacy Policy.
Modifications to the Service.Zumobi reserves the right to modify or discontinue the Service with or without notice to you. Zumobi shall not be liable to you or any third party should Zumobi exercise its right to modify or discontinue the Service.
Disclaimer of Warranties.YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Zumobi assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any of your personalization settings. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HANDSET OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ELSEWHERE ON OUR SERVICE, ZUMOBI DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE AND ZUMOBI MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR THAT THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. The links to third party sites on the Service are for your convenience only, and the inclusion of such links within the Service does not imply any endorsement, guarantee, warranty or representation by Zumobi. ZUMOBI MAKES NO WARRANTY THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZUMOBI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability. ZUMOBI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ZUMOBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitations.You agree not to resell the Service or any portion thereof. You may use the Service solely for your personal, noncommercial use; provided, however, if you submit a Tile (as defined below) you may be eligible for a revenue share. You may not copy or distribute any part of the Service without Zumobi's express written consent. Zumobi retains the right, at Zumobi's sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of these Terms of Use and may terminate your Service if your conduct is found to be inconsistent with these Terms of Use.
Zumobi Software Developer Kit ("SDK"). Any download by you of the SDK from our web site is subject to the rights and conditions set forth herein. Zumobi grants you a limited, non-exclusive, royalty-free, non-transferable license to use the SDK solely to develop Tiles for use in connection with the Service. Except to the extent permitted by the foregoing sentence, you agree that you will not (i) reverse assemble, decompile, create derivative works of or reverse engineer the SDK, (ii) otherwise reproduce, distribute, or use the SDK, and (iii) remove, efface, or obscure any trademarks, copyright notices, logos, or other proprietary notices or legends included in the SDK. You agree to provide feedback to Zumobi using the community page at www.zumobi.com regarding your use and evaluation of the SDK and the Services, and you further agree that all such feedback shall be deemed and Idea (as defined below).
Tiles and Use of the Service. The Service permits the submission of tiles created by you and other users using Zumobi's SDK ("Tiles") and the hosting, sharing, and/or publishing of such Tiles.
In connection with your submission of a Tile, you hereby affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Zumobi to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Tiles submitted to Zumobi by you to enable inclusion and use of such Tile(s) in the manner contemplated by the Service and these Terms of Use. You retain all of your ownership rights in your Tiles, however, by submitting the Tiles to Zumobi, you hereby grant Zumobi a worldwide, non-exclusive, royalty-free, fully paid, fully sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Tile(s) in connection with the Service and Zumobi's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media format and through any media channel. You also hereby grant each user of the Service a non-exclusive license to access your Tile(s) through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Tile(s) as permitted through the functionality of the Service and under these Terms of Use..
In connection with your submission of Tiles and/or your use of the Service, you further agree that you will not: (i) submit material that is copyrighted, patented, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the Tile and to grant Zumobi all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Zumobi or any third party; (iii) submit material that is related to gambling or pyramid schemes, is unlawful, obscene, defamatory, inflammatory, fraudulent, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) submit material that contains any computer viruses, malware, adware, Trojan horses, worms designed to disable, erase, or otherwise harm the Service or install any code on any handset device, contains any timer, clock, or other code which could cause a Tile, any part of the Service, or any handset to cease functioning; (vi) submit any material that enables or facilitates phishing, spamming, file sharing, or that interferes with computer networking or telecommunications service to or from any end user, host or network, including but not limited to denial of service attacks or attempting to "crash" a host, or (vii) impersonate another person. Zumobi does not endorse any Tile or any opinion, recommendation, or advice expressed therein, and Zumobi expressly disclaims any and all liability in connection with Tiles. Zumobi does not permit copyright infringing activities and infringement of intellectual property rights on its Service, and Zumobi will remove all content and Tiles if properly notified that such content or Tile infringes on another's intellectual property rights. Zumobi reserves the right to remove content and Tiles without prior notice. Zumobi will also terminate a user's access to the Service if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a Tile removed from the Service more than twice. Zumobi also reserves the right to decide whether content or a Tile is appropriate and complies with these Terms of Use. Zumobi may remove such Tiles or content, and/or terminate a user's access to the Service for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
You understand that when using the Service, you will be exposed to Tiles from a variety of sources, and that Zumobi is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Tiles. You further understand and acknowledge that you may be exposed to Tiles that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Zumobi with respect thereto, and agree to indemnify and hold Zumobi, its owners, partners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
If you use a bulletin board, chat room or the community page that is part of the Service, or send email to Zumobi, and in any of those communications if you make suggestions or have ideas about the Service (an "Idea" or if more than one, "Ideas"), then you hereby assign all right, title and interest in and to (including, without limitation, all intellectual property and proprietary rights therein) such Ideas to Zumobi.
Your Conduct.Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You agree (i) to comply with US law regarding the transmission of technical data exported from the United States through the Service, (ii) not to use the Service for illegal purposes, (iii) not to interfere or disrupt networks connected to the Service, and (iv) to comply with all regulations, policies and procedures of networks connected to the Service. You agree not to transmit through the Service any unlawful, unauthorized, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. The Service is not directed to children under the age of 13. You may not make recommendations or send invitations to join the Service to non-users who are under the age of 13. Zumobi requests that minors do not submit or post any information to the site without a parent or guardian's consent. Zumobi will not knowingly use information that a minor provides to Zumobi for any marketing, selling or promotional purposes. Ultimately, it shall be the parent or guardian's responsibility for the acts and actions of the minor with respect to the use of the Service. You shall not interfere with another user's use and enjoyment of the Service or another entity's use and enjoyment of similar services. Zumobi may, at its sole discretion, immediately terminate Service should your conduct fail to conform to these terms and conditions of these Terms of Use.
Indemnification. You agree to indemnify and hold Zumobi, its subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of these Terms of Use by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity.
Termination. Zumobi reserves the right to terminate the Service with or without cause at any time and effective immediately. Zumobi shall not be liable to you or any third party for termination of Service. Should you object to any terms and conditions of these Terms of Use or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
Notice. All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Zumobi may broadcast notices or messages through the Service to inform you of changes to the Terms of Use, the Service, or other matters of importance; such broadcasts shall constitute notice to you.
Proprietary Rights to Content. You acknowledge that, other than Tiles that are uploaded by you that you have appropriate rights to, all content, including but not limited to text, software, music, sound, photographs, video, graphics, name references or other material contained in the Service, in sponsor advertisements or in Tiles, provided to or accessed by you via the Service by Zumobi, Zumobi's advertisers or other users, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, you are only permitted to use this content as expressly authorized by the Service, the relevant advertiser, or the content provider. You may not copy, reproduce, distribute, or create derivative works from this content without expressly being authorized to do so by the Service or the relevant advertiser.
Links. Zumobi may provide links to other web sites or resources. You acknowledge and agree that Zumobi is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You agree that Zumobi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
Laws.These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law provisions. You and Zumobi agree to submit to the exclusive jurisdiction of the courts of the State of Washington. If any provision(s) of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Miscellaneous. Zumobi's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Zumobi in writing. You and Zumobi agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance.
Zumobi respects the intellectual property rights of others and asks that you do the same. By uploading a Tile, you are representing that the Tile does not violate this policy or Zumobi's Terms of Use and that you own all proprietary rights to such Tile or have express permission from the owner(s) of such rights.
Our mobile application enables users to find and view all sorts of content. We cannot be responsible for what people post to the web and what you access using our Service, and we cannot be responsible for what you do with it when you find it.
Zumobi provides you with access to content files located on thousands of servers on the Internet, which files you may locate and read about through our mobile application. The application interface summarizes content information provided by the content publisher on their publishing sites. Zumobi neither controls nor endorses such other web sites, nor reviews or approves any content appearing on them. Zumobi does not assume any responsibility or liability for any materials available at these web sites, or for the completeness, availability, accuracy, legality or decency of these sites.
The Digital Millennium Copyright Act of 1998 provides recourse to copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been posted on the Zumobi service in a way that constitutes copyright infringement, please contact Zumobi at the address below and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyright work that you claim has been infringed, and identification of the URL or other specific location on the Zumobi service where the content that you claim is infringing is located; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Zumobi may, in appropriate circumstances and at its discretion, terminate service to users who infringe the intellectual property rights of others and remove the allegedly infringing content pending its investigation.
Zumobi's agent for notice of claims of copyright infringement on this site can be reached using the following contact information: claims can be sent to copyright@zumobi.com or to Zumobi, Inc., 520 Pike Street, Suite 1375, Seattle, WA 98101, Attention: Finance.
All contents of this web site are: Copyright © 2006-2007 Zumobi, Inc. All rights reserved. The Zumobi logo, trademarks and other marks that appear throughout this web site, the Zumobi service, and the other Zumobi web sites belong to Zumobi or third party trademark owners and are protected by U.S. and international trademark laws. You are prohibited from using any of the marks appearing throughout this web site, the Zumobi service and other Zumobi web sites without express written consent from the respective trademark owner, except as permitted by applicable laws