Welcome to Zamzee! If you’re 1-100 years of age, please read these terms carefully. If you’re under 13 please get your parents’ permission before accessing this site.
WHO WE ARE
This is a long document. We want you to understand what we mean when we use certain terms, so here are our definitions: A “Visitor” is someone who is browsing through the Site. A “Child Member” is anyone under 18 years of age who is registered with the Site (Child Members over the age of 12 do not have to have their parents’ permission to regiser with the Site, but we we think it is a really, really good idea). A “Parent Member” is a legal parent or guardian who has registered his or her child to be a Child Member with the Site. Currently, Parent Members do not have access to the activities of the Site other than through their child’s account. The parent membership is limited to an email address and access to a digital currency account. Child and Parent Members are collectively referred to as “Members.” Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users” or “you.”
WHAT YOU’RE AGREEING TO DO
UPDATES TO THESE TERMS
We want to keep improving the Site. So, we may change or update this Agreement from time to time, and any changes will be effective upon posting on the Site. But don’t worry, if we change things in a material way that affects your rights, we’ll let you know using the email address you provided, or by having a click-through notice on the Site the next time you arrive. If you continue to use the Site after a change has been posted, that means you agree to those changes. If you don’t agree, then you may terminate your account at any time, for any reason, by contacting us at firstname.lastname@example.org. You should review this Agreement periodically to make sure you are up to date on any changes. This Policy was last updated on August 8, 2011.
WHO CAN USE OUR SITE
REGISTRATION AND DISPLAY NAMES ON THE SITE
During the registration process, the child will be asked to create their own personal display name which, if they choose, may contain at least a first name. We use this to allow a child’s “friend requests” (requests from other Zamzee Child Members to become connected on the Site) to be recognized by the Child Member and Parent Member (“Child Display Name”). A child will also be asked to provide his/her birth date, a password, and, if s/he is under 13, his/her Parent’s email address. If the Child Member has entered a birth date that identifies him/her as being under 13, then the child’s registration will not be complete until his/her Parent completes the registration process on the Site and authenticates the child. Children under the age of 13, once a child is authenticated by a Parent, become Child Member, the Parent becomes a Parent Member and the Child Member will have access to the Site, subject to certain controls set by the Parent Member. Children over the age of 13 become Child Members immediately upon registration.
In some cases, you may wish your Child's Display Name to be a nickname, such as LoganH, or MosesA. In other cases, the Display Name will be arbitrary, like "LuluPoppy" or "GoGeekGo." When your child receives or sends a friend request, the Child Display Name will be visible to his or her friends. We ask that full real names not be used on the Site.
Each Member is required to have a unique Child Display Name. The Child Display Name is the name other Members see when they’re in the Zamzee environment. Members may not select as a Child Display Name, in whole or in part, the name of another person to the extent that could cause deception or confusion; a name which violates any trademark right, copyright, or other proprietary right; or a name which we deem in our discretion to be vulgar or otherwise offensive. Keep it clean, people. Zamzee does not monitor the Child Display Names, but may use software to analyze Child Display Names, and may respond and research complaints it receives about Child Display Names. The Child Display Name should not contain the child’s real surname. Parents are fully responsible for all activities conducted through their Memberships or under the Child Display Name.
We expect that the following goes without saying, but we’ll say it anyway: just be yourself. In legal terms, that means no Member may impersonate any person or entity or misrepresent a Member’s identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.
We ask that you promptly notify us at email@example.com of any unauthorized use of a Child or Parent Member’s username, password, or other account information.
To keep the Zamzee environment safe, we request that you notify Zamzee of any breach of security involving or relating to the Site Members. You should never respond to online requests for Member passwords other than in connection with the log-on process for the Site. If you receive any password requests please forward that to us immediately at firstname.lastname@example.org. And please don’t disclose your password to any other person; we’re not liable if you do, but you may be liable for our losses or the losses of others as a result of such unauthorized use. Seriously.
This probably won’t surprise you, but we do not provide Internet access. You are solely responsible for any fees associated with any Internet connection that provides access to the Site. Also, the Zamzee interface is free, but Zamzee reserves the right to charge for some or all aspects of the Site.
Stuff happens. We reserve the right to interrupt the Site with or without prior notice for any reason or no reason without liability to Members for any unavailability of the Site. Except as provided by law or otherwise provided in this Agreement, Members shall not be entitled to any refunds of fees for interruption of service or failure to perform.
We hope we don’t have to exercise all our rights, but if we need to, we will: Zamzee has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.
Please don’t exploit our Site for commercial purposes. The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity. We expect everyone to play nice.
In some cases, you may have received your Meter and invitation through a workplace-sponsored wellness or other incentive program. If you are signed up as part of a such a program, the sponsor may have a link to the Zamzee site and services through its own site.
CONTENT ON THE SITE
YOUR ACCESS TO CONTENT
When you use the Site you may have access to Content, and this Content may be provided under license by independent content providers, and/or contributions from other Members. We do not generally pre-screen Content.
If it’s not your Content, it’s not your Content. Zamzee, its licensors, Users and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions. Except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Site or a given Service. If you use Content in a manner that is not authorized by us, you will be legally responsible for any liability in incur in violating others’ rights.
If it is your Content, then we don’t claim it as Ours. You still retain copyright and other intellectual property rights you had – assuming you have them legally. We do require a license, however, to your Content, so that we can retain it on the Site.
Here’s the license: You agree that by submitting your Content to any area of the Site and to any Service, you automatically grant (and you represent and warrant that you have the right to grant) to us: (a) a royalty-free, worldwide, non-exclusive, sublicensable right and license for the term of the copyright to (i) reproduce, display, create derivate works from and distribute your Content within the Site and affiliated websites as permitted by you through your interactions on and through the Site, and (ii) reproduce, display, create derivate works from and distribute (and to authorize third parties to reproduce, display, create derivate works from and distribute) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Site, in any media now known or not currently known.
In the event that your Content appears publicly in material under our control, and you provide written notice to Zamzee of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow us, in our sole discretion, to identify the relevant Content and materials), we will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although we cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the right to delete any or all of your Content from our servers and from the Site, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty-free, non-exclusive, sublicensable right and license to copy, distribute, display, create derivate works from and analyze any of your Content as we may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Site.
WHAT YOU MAY NOT DO
PLAY NICE. You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that we deem harmful. These rules apply to all Users, including Visitors and Members. The gist of our guidelines are fairly easy: Be respectful. Don’t Steal. Don’t harass others. Don’t hack us. Don’t do things that you’re not supposed to do on here. That’s it, really. And if you violate our rules, we reserve the right to remove you from our Site.
We live in a legal world, so to be clearer, we’ve included a longer list of activities you can’t do. Also, we must advise that we reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including without limitation, removing the offending communication from the Site and terminating the Membership of such violators and others acting in concert. You agree that you shall not:
Take any action or upload Content that infringes or violates any third party rights (we mentioned this one earlier)
Impersonate any person or entity without their consent, including, but not limited to, a Zamzee employee, or falsely state or otherwise misrepresent your affiliation with a person or entity (surely you know better)
Make unauthorized use of any of our trademarks or service marks (remember the whole Content discussion?)
Take any action or upload Content that violates any law or regulation (this is pretty clear, right?)
Take any action or upload Content as determined by us, in our sole discretion, that causes tort, is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (this is a biggie, maybe read it again)
Use the Site to engage in any activities not expressly outlined or contemplated in this Agreement or on the Site, including engaging in commercial activities and/or sales without our prior written consent, such as creating contests or sweepstakes (basically, use the Site for what it’s for)
Take any actions or upload Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (this is just uncool)
Take any action or upload Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) (but really, why would you want to?)
Upload any unsolicited or unauthorized advertising, or promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that we consider in its sole discretion to be of such nature, including any Content that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations) (honestly, this is not the place for it)
Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site (essentially, play nice)
Attempt to gain access to any other Member’s Membership account or password; or “Stalk,” “bully,” abuse or attempt to abuse, or otherwise harass another User. You will not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet (seriously, you are really out of here for this)
Delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify (leave our stuff as is, please)
Attempt to sell any membership or Zamzee currency on the open market (this is not the focus of the Site)
KEEPING IT CLEAN
The Zamzee Site is designed for the purpose of encouraging children to stay active and be rewarded for activity. Rewards are based on accumulated activity as measured and recorded by a Meter worn by Child Members. The accumulated activity data are uploaded into the Zamzee Site and will be accrued as points and parents can, using their credit card, match these points with a virtual currency (“Zamz”) to be used in exchange for products.
If you terminate your account and there are Zamz in the account, refunds are not available and we do not refund your money. If we terminate your account without notice, you will be eligible to receive a refund. If you choose to purchase Zamz, you agree we have the right to manage, regulate, control, modify and/or eliminate such Zamz in our sole discretion, and that we will have no liability to you based on our exercise of such right, except that we will refund any Zamz in a Child Member’s account that is unused. We will not, however, ascribe a dollar value to credits accrued.
LIMITATION OF LIABILITY
As a condition of access to our Site, you release Zamzee (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site. You agree that: (a) we will have the right but not the obligation to resolve disputes between Users relating to the Site, and our resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent we elect to resolve such disputes, we will do so in good faith based solely on the general rules and standards of the Site and will not make judgments regarding legal issues or claims; (c) our resolution of such disputes will be final with respect to the Site but will have no bearing on any real-world legal disputes in which Users of the Site may become involved; and (d) you hereby release Zamzee (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our resolution of disputes relating to the Site.
You may terminate your Parent and/or your Child Membership at any time, for any reason, by contacting us at email@example.com. On your election to cancel, your and your child’s Membership will be cancelled within 24-48 hours and your data destroyed. You will not receive a refund for any unused balance of Zamz.
Notwithstanding the foregoing, if your Membership is terminated as a result of your breach of this Agreement, your and your child’s access will be terminated and all activity measurements shall be deleted. You will receive a refund for any unused balance of Zamz.
We also have some rights relating to the Site: Most notably, we have the right at any time, for any reason or no reason, with or without warning to suspend or terminate your and your child(ren)’s Membership(s), terminate this Agreement, and/or refuse any and all current or future use of the Site without notice or liability to you. In the event that we suspend or terminate the Service, generally, except as provided by law, you will receive no refund or exchange for your Membership, or for anything else. Even after Membership is terminated, this Agreement will remain in effect. If a Parent Membership is terminated, voluntarily or involuntarily, the Membership(s) of that Parent’s child(ren) will terminate concurrently and automatically. If a Child Membership is terminated, voluntarily or involuntarily, the corresponding Parent Membership will generally remain active, unless we terminate it in our sole discretion, for example if we determine that the Parent or one or more of his/hers children have engaged in abusive behavior or other violation of this Agreement.
NO TRANSFER OF MEMBERSHIP
Each Child Membership is unique. You may not assign or transfer your child’s Membership without our prior written consent. Please be aware, however, that all or any of our rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Site in a merger, acquisition or sale of all or substantially all of Zamzee’s assets.
This Agreement and the relationship between you and Zamzee shall be governed in all respects by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
We don’t like to fight, but in the event a dispute arises between you and Zamzee, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. To this end, you and Zamzee agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Site (a “Claim”) in accordance with one of the subsections below.
Forum for Disputes.
You and Zamzee agree to submit to the exclusive jurisdiction and venue of the courts located in the County of San Francisco, California except as provided below regarding optional arbitration.
For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than Ten Thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims.
All Claims you bring against us must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, we may recover attorneys’ fees and costs up to One Thousand U.S. Dollars ($1,000.00 USD), provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
Releases, Disclaimer of Warranty, Further Limitations of Liability, Indemnity.
At our request, you agree to defend, indemnify and hold harmless Zamzee, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, Content Providers, and other Users of the Site, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from your use of the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT
Filing a DMCA Notice.
To file a DMCA Notice, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). We reserve the right to ignore a Notice that is not in compliance with the DMCA. Your Notice must: (1) identify specifically the copyrighted work(s) you believe has/have been infringed (for example, “my copyrighted work is an image that appears at [list profile where material is located]”); and (2) identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. If applicable, you should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible; provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available); if possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred); include the following statement: “I have 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”; include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; the Notice must be signed; the Notice must be sent to our DMCA designated agent at the following address: Copyright Designated Agent, c/o Zamzee Co., 1991 Broadway, Suite 160, Redwood City, CA 94063 or fax to: (650) 569-5901 (on the cover sheet, please write: Attention: DMCA NOTICE).
Filing a Counter-Notice.
If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA. Your Counter-Notice must describe and list all material(s) that were removed by Zamzee and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible; provide your name, address, telephone number and email address (if available); state that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States); state that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us; include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; the Counter-Notice must be signed. The Counter-Notice must be sent to our designated DMCA designated agent at the following address: Copyright Designated Agent, c/o Zamzee Co., 1991 Broadway, Suite 160, Redwood City, CA 94063 or fax to: (650) 569-5901 (on the cover sheet, please write: Attention: DMCA NOTICE).
Seriously, congrats for reading through this. There is no quiz. But we do recommend that you drop us a line if you have any questions or want to be sure you understand what we’ve said. Just email us at firstname.lastname@example.org. Now take a break—get up and do something fun!