MessageZoo Terms of Service:

DESCRIPTION OF SERVICE

 

MessageZoo is a web-based service that allows its users to send video messages to any email address (herein referred to as "MessageZoo", or the "Service").  Once registered with MessageZoo, each user is able to send video messages to other registered users or invited non-registered users ("Guests").

 

YOUR REGISTRATION OBLIGATIONS

 

Account registration and verification is required in order to create a MessageZoo account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to MessageZoo, you are required to update that information as soon as possible. Should MessageZoo suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that MessageZoo's privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to privacy@MessageZoo.com.

 

INDEMNITY

 

You agree to indemnify and hold MessageZoo, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

 

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

 

GENERAL PRACTICES REGARDING USE AND STORAGE

 

You acknowledge that MessageZoo may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that MessageZoo may establish limits concerning use of the Service and may modify these limits at any time.

 

MODIFICATIONS TO SERVICE

 

MessageZoo reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that MessageZoo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

 

NO RESALE OF SERVICE

 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.

 

TERMINATION

 

You agree that MessageZoo, in its sole discretion, may terminate your password, files, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if MessageZoo believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted files and all its parts, at MessageZoo's discretion, will be terminated as well. MessageZoo may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MessageZoo may immediately deactivate or delete your MessageZoo account and all related information and files. MessageZoo reserves the right to bar any further access to such files or the Service. You agree that MessageZoo shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.

 

ADVERTISEMENTS AND PROMOTIONS

 

You understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for MessageZoo to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that MessageZoo has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by MessageZoo on your Content and throughout the Service are subject to change at MessageZoo's discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MessageZoo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

 

LINKS

 

The Service, or relevant third parties, may provide links to other web sites or resources. Because MessageZoo has no control over such sites and resources, you acknowledge and agree that MessageZoo 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 further acknowledge and agree that MessageZoo 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 site or resource.

 

MEMBER CONDUCT

 

You understand that all Content, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. MessageZoo does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be MessageZoo's sole discretion as to what action should be taken.

 

You agree to NOT use the Service to:

 

   1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

   2. Harm minors in any way;

   3. Impersonate any person or entity, including, but not limited to, a MessageZoo staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with MessageZoo or any other person or entity;

   4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

   5. Upload, post or otherwise transmit any Content that you do not have a right to transmit 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);

   6. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

   7. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

   8. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

   9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

  11. "Stalk" or otherwise harass another person or company;

  12. Collect or store personal data about other users for business purposes;

  13. Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;

  14. Use MessageZoo as a forwarding service to another website;

  15. Allow usage by others in such a way as to violate MessageZoo's TOS;

  16. Engage in commercial activities within MessageZoo or on behalf of MessageZoo without prior approval. This includes, but is not limited to, the following activities:

         1. Displaying a banner that is designed to profit you or any other business or organization; and

         2. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.

  17. Employ tactics to prevent the full and complete display of advertisements on MessageZoo pages. These include, but are not limited to, making journal style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on the message player or other pages within the Service.

  18. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.

  19. Exceed the scope of the Service that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people's entries or other content when you have not been granted the privileges to do so.

  20. Make excessive or otherwise harmful automated use of the system.

 

If MessageZoo determines, in its sole and absolute discretion, that any user is in violation of the TOS, MessageZoo retains the right to terminate such user's account at any time without prior notice.

 

DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MESSAGEZOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

(b) MESSAGEZOO.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MessageZoo.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

LIMITATION OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MESSAGEZOO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MESSAGEZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

U.S. GOVERNMENT RESTRICTED RIGHTS

 

The materials on MessageZoo are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of MessageZoo's proprietary rights in them.

 

GENERAL INFORMATION

 

The TOS constitutes the entire agreement between you and MessageZoo and governs your use of the Service, superseding any prior agreements between you and MessageZoo (including, but not limited to, any prior versions of the TOS) and any prior representations by MessageZoo. The laws of the State of Nevada, U.S.A, shall govern the TOS and the relationship between you and MessageZoo, without regard to its conflict of law provisions. You and MessageZoo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Clark, Nevada, U.S.A. The failure of MessageZoo to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

 

VIOLATIONS

 

Instructions on how to report violations of these Terms of Service may be located under the “Report abuse” item in the header of the web site. To expedite the processing of your report, please carefully follow these instructions.

 

REVISIONS

 

MessageZoo may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.