Last updated: February 1st, 2020
These Terms of Service ("Terms") govern your relationship with Life on Queen Inc. (“ZOOTCH”, "us", "we", or "our"), the owner of ZOOTCH mobile application.
Please read these Terms carefully before using our ZOOTCH mobile application (the "Service(s)"). Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service. By accessing or using the Service you acknowledge that you have read these Terms and agree to be bound by them.
If you do not agree to these Terms, in whole or in part, you will not be able to use the Services.
When you create an account with us, you may sign in using your Facebook login. When you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends to share with other ZOOTCH users.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for ZOOTCH, and you are solely responsible for all activities that occur under those credentials. We are not required to verify the actual identify or authority of a person using your account or credentials. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity, or a name that is not lawfully available for use, such as a trade name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, audio, videos, or other material ("User Content"). By posting User Content to the Service, you grant us the right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute your User Content, upload, display or otherwise make it available on the Service (collectively, “Post”) or transmit it to other users.
We do not screen, edit or review User Content before it is posted or transmitted. You are responsible for User Content that you post to the Service, including its legality, reliability, and appropriateness. You may not post or transmit User Content that is: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of copyright, trademark or, other intellectual property rights of another or; (d) offensive or otherwise unacceptable. We have zero tolerance for objectionable content or abusive users.
Please note that when we Post User Content, it does not necessarily reflect our views and we disclaim all responsibility and liability associated with any such User Content including, but not limited to, any losses, expenses or harm resulting from User Content that we Post.
While you retain your rights to your User Content, you grant us a non-exclusive, royalty-free perpetual, irrevocable, and fully sub-licensable right to use and commercially exploit the User Content in any way. You agree that this license includes the right for us to make your User Content available to other users of the Service, who may also use your User Content subject to these Terms.
You represent and warrant that: (i) the User Content is yours, that you own it or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the User Content does not violate the privacy rights, publicity rights, proprietary rights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine, in our sole discretion, to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of copyright, trademark or other intellectual property rights of another or; (d) offensive or otherwise unacceptable to us. If we receive a notice that you have posted objectionable User Content, we will remove such User Content within 24 hours and will terminate your access to our Service immediately, without notice or liability.
You acknowledge that by providing the ability to view and distribute User Content on the Service, we are merely acting as a passive conduit and we are not undertaking any obligation or liability relating to any User Content or activities on the Service.
The Service and all of our materials including but not limited to text, images, graphics or code (“Our Content”) are the property of ZOOTCH and are protected by copyright, trademarks, patent and other intellectual property rights. We expressly reserve all rights to Our Content.
You may copy, download or print portions of Our Content from the different areas of the Service only for your own personal, non-commercial use. Any other use of Our Content is strictly prohibited and may violate copyright, trademark and other laws.
These Terms do not grant you a license to use any trademark of ZOOTCH or its affiliates. You further agree not to use, change or delete any proprietary notices from Our Content copied, downloaded or printed from the Service.
The Service may contain links to third-party web sites or services that are not owned or controlled by ZOOTCH. Any third-party links are provided for your convenience only. ZOOTCH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that ZOOTCH 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 or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
If you wish to terminate your account, please send us an email to Support@zootch.com and we will terminate your account and send you confirmation of same.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Neither ZOOTCH, its subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or any third-party service provider (collectively the “ZOOTCH Parties”) make any guarantees, representations, conditions or warranties of any kind, whether express or implied, regarding the Service and associated technology. Any purportedly applicable warranties, terms of service are excluded, to the fullest extent permitted by law. The ZOOTCH Parties do not warrant that a) the Service will be made available on an uninterrupted or secure basis at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and ZOOTCH chooses not to immediately act, or chooses not to act at all, ZOOTCH will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. ZOOTCH does not waive any of its rights. ZOOTCH shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
You will defend, indemnify and hold harmless ZOOTCH from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with, or relating to your use of the Service, Our Content, User Content, or your negligence, misconduct or breach of these Terms. Notwithstanding the foregoing, ZOOTCH retains the right to participate in the defence of and settlement negotiations relating to any third-party claim, complaint, demand, action, suit or proceeding with counsel of its own selection.
In no event will ZOOTCH and the ZOOTCH Parties be liable to you for any direct, indirect, consequential, incidental, special, compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parts or other pecuniary loss, arising out of or related to these Terms or the use of the Service.
ZOOTCH and the ZOOTCH Parties will also not be liable for any actual or alleged infringement by any User Content or third-party materials made available through the Service. Moreover, ZOOTCH and the ZOOTCH Parties will not under any circumstance be liable for any damage including but not limited to, illness, injury or death caused by, including but not limited to use of the Service, Our Content, User Content, any failure of performance, inability to use the Service, errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, or line failure.
The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon a breach of contract, tort (including without limitation, negligence), strict liability, or any other legal or equitable theory and even if advised of the possibility of the loss, damage, delay, claim or liability.
You acknowledge and agree that these Terms present a fair allocation of risk and liability, and this this section is an essential part of the bargain between you and us.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.
If you have any questions about these Terms, please contact us at support@zootch.com.