Terms of Use

 TERMS OF USE

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

We’re Zamzee! Zamzee.com is operated by Zamzee Co. (“Zamzee,” “we,” or “us”). Zamzee.com (our “Site”) is a website that provides a friendly and safe environment for young people under 18 years of age (with their parents’ consent, of course), to use a motion-sensing Meter (your “Meter”). This Meter can record the time and intensity of movement of a child engaging in physical activities, e.g., playing ball, running, walking, dancing. This data, when uploaded to zamzee.com, becomes Activity Pointz which can be used for all kinds of fun and real rewards. Our services include our website zamzee.com and other features, content and functionality offered by us to you. This is our Terms of Use (you could also call it our “Agreement” or “Terms of Use”), and it applies to the Site. If you have any questions about these Terms of Use or our Privacy Policy, please contact us at zed@zamzee.com.

SOME DEFINITIONS

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

If you hang out on our Site, you’re agreeing to abide by our rules. Here’s the lawyer talk: by using and/or visiting our Site (collectively “us”) you: (1) agree to be bound by these terms and conditions; (2) agree to our Privacy Policy, which is located at www.zamzee.com/privacypolicy and is incorporated herein by reference; and (3) agree to be bound by other policy and legal notices that may be posted on the Site from time to time. The legally binding terms of these documents set out your rights, obligations and restrictions regarding your use of our Site.

Our Site is going to grow and change over time, we hope in ways that make it more useful to you. In order to participate in certain Services that are now or may be offered in the future, you may be required to upload/download content, software, and/or agree to additional terms and conditions. For instances, you will have to upload your exercise activity from your Meter. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Services in which you choose to participate, those additional terms are incorporated into this Agreement. If you do not agree to this Agreement (which is comprised of these terms of use and our Privacy Policy), please do not visit or become a member of the Site. You are only authorized to use the Site if you agree to abide by – and do abide by – all applicable laws and this Agreement. Please be sure to review our Privacy Policy located at www.zamzee.com/privacypolicy.

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 zed@zamzee.com. 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

Our Site is designed for people who want to stay active, monitor their exercise progress, and earn rewards for doing so. You must be 13 years of age, or if you are under 13, have legal parental or guardian (for short, “Parent”) consent to be, and continue to be, a Visitor or Child Member on the Site. . Unless memberships are coming through a school or other authorized organization which allows for multiple registrations, Parents may only register their own child(ren). All Members affirm that they have read and accepted this Agreement and the terms outlined in the Privacy Policy, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.


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 zed@zamzee.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 zed@zamzee.com. 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.

INTERRUPTION

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.

We believe your and your child’s safety on the Internet is important; we think you should care, too. While there is no absolute method of ensuring a completely safe environment, we take seriously our mandate to secure "verifiable Parental consent" as required under the Children's Online Privacy Protection Act ("COPPA"). We are always looking into new and better ways to verify your consent so that we are not collecting or potentially disclosing information from your child that you did not authorize. Please see our Privacy Policy for information on COPPA.

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.
 

HOPELAB

Zamzee may be accessible through our other operator, HopeLab and/or through different web addresses such as http://www.hopelab.org, which is our affiliate organization. Access to the Site may be operated by HopeLab, which will have the same access to information you provide as does Zamzee. When you agree to the Zamzee Terms of Use, you are agreeing that HopeLab, which endeavors to be COPPA compliant, shall have access to the information you provide to Zamzee.

PARTNERS

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

In these Terms of Use, we use the word "Content" to mean pretty much everything that you can see or hear on the Site. Legally speaking, Content means any and all personal activity accounts, text, audio and visual works, such as pictures, photographs, drawings, digital images, graphics, music, video, audio, code, poems and other creative output, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that may be submitted, uploaded, embedded, displayed, communicated or otherwise distributed (collectively “Distribute”) on or through the Site, including by us, you and other Users.
 

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.

LICENSE GRANT

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.

Further, you agree to grant to us a royalty-free, worldwide, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your Membership information, including any data or other information generated by your Membership activity, in any media now known or not currently known, in accordance with our Privacy Policy, including the incorporation by reference of terms posted at www.zamzee.com/privacypolicy. You further understand and agree that: (i) you are responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are responsible for, and we will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Site, including without limitation any legal consequences relating to your intellectual property rights; and (iii) our acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of our intention not to require users of the Site to forego certain intellectual property rights with respect to Content they upload, subject to the terms of this Agreement. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you upload while using the Site, you do not own the Membership you use to access the Site, nor do you own any data we store on our servers (including without limitation any data representing or embodying any or all of your Content).

If you made it through all that, we want to make one thing clear: The license does not contemplate, and we are not interested and will not collect and use any personally identifiable information about you, except as outlined in our Privacy Policy. Content means what we said it meant and it doesn’t mean personal information.
 

WHAT YOU MAY NOT DO

There are lots of things we don’t want you to do with the Content. Here’s the legal lowdown: Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, not even as part of a derivative work, except that where the Site is configured to enable the download of particular Content, you may be permitted to download one copy of such Content for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Content, in whole or in part; and (c) do not use the Content in an unlawful manner or in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of the Site is prohibited and shall be considered a violation of these Terms of Use.

We are growing and changing. In the event that we offer downloads of software on a Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your limited, personal, noncommercial home use only, and at your own risk. We do not transfer title to the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law. Zamzee shall not be responsible for any damage of any kind to you or your computer as a result of downloading Software from our Site. You acknowledge and agree that nothing in these Terms of Use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the Site or Content or any part thereof to you or any third party nor to authorize you to create derivative works based on the Content. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title. You may access Content, User Content and other content only as permitted under this Agreement. We reserve all rights not expressly granted in and to our Content and the Site. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution for any commercial purposes of third party User Content obtained through the Site. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. You understand and acknowledge that you may be exposed to Content that may be inaccurate or that you deem offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold Zamzee, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Site. You appoint us as your agent with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use.
COMPANY MANNERS

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)
    Engage in, attempt to engage in, or encourage or advocate any illegal behavior or criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity. We do not assure that others on the Site are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you assume all risk of harm or injury resulting from any such lack of compliance (we hope you wouldn’t dream of it).

KEEPING IT CLEAN

We don’t generally monitor Content that is posted to the site by Members, but if we are notified about Content we find objectionable or that does not pass muster under our Company Manners rules we reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate and/or to remove any Content from the Site that we reasonably believe violates this Agreement or the spirit of this Agreement and (b) to the extent we are able to do so under applicable law, identify any User to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, conducting age and identity verification activities on the Site or ensuring compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use (including the Rules of Conduct), and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Content at any time for any reason or no reason whatsoever.

CURRENCY

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.
 

VOLUNTARY TERMINATION

You may terminate your Parent and/or your Child Membership at any time, for any reason, by contacting us at zed@zamzee.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.
 

INVOLUNTARY TERMINATION

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.
 

GOVERNING LAW

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.

DISPUTES

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.
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.

INDEMNIFICATION

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

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. If you believe in good faith that a Member has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim. When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information. Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity. Notices and Counter-Notices are legal notices distinct from regular Site activities or communications. As such, they are not subject to our Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal discovery request. Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.
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).

CONGRATULATIONS

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 zed@zamzee.com. Now take a break—get up and do something fun!

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