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Terms of Service

Welcome to zuumsocial.com (the “Site”) owned and operated by Zuum (collectively, “Zuum,” “our”, or “us”).  Zuum offers a subscription-based social media tool to analyze online activity for marketers (the “App”) and provides data analysis based on information collected from different social media websites (the “Service”) through the Site.  The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site, the Service and/or the App.

IMPORTANT - PLEASE READ CAREFULLY:  THESE TERMS OF SERVICE (THE, “AGREEMENT”) CONSTITUTE A LEGALLY BINDING TERMS AND APPLY TO YOUR USE OF THE SITE, THE SERVICE AND/OR THE APP.  BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THE SITE, THE SERVICE AND/OR THE APP, YOU AGREE AND ACKNOWLEDGE TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE APP AND/OR THE SERVICE.  YOU MAY PRINT A COPY OF THIS AGREEMENT HERE.  ZUUM RESERVES THE RIGHT TO MODIFY THE AGREEMENT AT ANY TIME, AND EACH SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING ON THE SITE.  ALL MATERIAL MODIFICATIONS WILL APPLY PROSPECTIVELY ONLY.  YOUR CONTINUED USE OF THE SITE, THE APP AND/OR THE SERVICE FOLLOWING ANY SUCH MODIFICATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND YOUR ACCEPTANCE OF THE AGREEMENT AS MODIFIED AND, IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE, THE APP AND THE SERVICE.  THEREFORE, IT IS IMPORTANT FOR YOU TO REVIEW THIS AGREEMENT REGULARLY.
Authorized Use.

Subject to the terms and conditions of this Agreement, including, without limitation, the payment of subscription fees, Zuum grants you a limited license to use the App and/or Service as hosted on, and offered through, the Site for your personal non-commercial use in accordance with this Agreement, any instructions and guidelines posted on the Site and all applicable laws, rules and regulations.  Except for the limited license expressly granted herein, you acknowledge and agree that Zuum shall own all right, title and interest in and to the Site, the App and the Service, including without limitation all intellectual property rights therein.  The App is for your internal use and is not for resale or other transfer or disposition to any other person or entity.  In addition, you specifically agree not to: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the App, or any part thereof; (b) attempt to derive the source code, audio library or structure of the App, or (c) sell, rent, lease, distribute, assign, sublicense, convey, transfer, pledge as security or otherwise encumber or transfer (including by loan or gift) the rights and licenses granted hereunder.

Zuum reserves the right to discontinue any aspect of the Site, the App and/or the Service at any time.  Zuum further reserves the right to terminate your license to use the App and/or the Service at any time and for any reason.

Registration.

In order to use the Service, you will have to register and create a unique, password-protected account with a username.  Zuum may refuse to grant you, and you may not use, a username that is already being used by someone else, that impersonates another person, that belongs to another person (without that person’s prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that Zuum rejects for any other reason, at its sole discretion.  You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times.  Zuum reserves the right to suspend or terminate your registration, without warning, if you are found to have misrepresented any registration information.  You agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security.  You will be solely responsible for safeguarding your password and also for any actions under your account, whether authorized by you or not.  Zuum cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Eligibility.

In order to use the Service, you must be 18 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years.  If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to this Agreement on your behalf.

Restrictions.

As a condition of your use of the Service, you warrant to us that you: (i) will not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works of the App; (ii) not circumvent, remove, alter, deactivate, degrade or thwart any of the technological measures or content protections used by us in relation to the App and/or the Service; (iii) will only use the Service for lawful purposes in strict accordance with this Agreement; (iv) agree and consent to our Privacy Policy; (v) agree not to infringe our proprietary rights, intellectual property rights, rights of publicity or privacy rights or that of our licensors in connection with your use of the Service; (vi) will not intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law, while using or accessing the Service and/or the App; (vii) will not harvest, gather or otherwise collect contact information of other users of the Service, for any purpose including, without limitation, transmitting any unsolicited advertising, junk mail, spam, or chain letters; (viii) remove, alter, cover or obfuscate any or our copyright notices or other proprietary rights notices from the Service and/or the App; (ix) will not interfere with others’ right of enjoyment of the Service; and (x) will not access or attempt to access unauthorized areas of the Service, or unreasonably load or burden our servers.

Ownership.

You acknowledge and agree that the Service and/or the App use and contain proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties.  All licenses, rights, and interest in, to and with respect to Service and/or the App, the elements and parts thereof, and the media of exhibition and exploitation thereof, not specifically granted to you herein shall be and are reserved by and for us or our licensors.  The data made available through the Service, including, without limitation, all information, data, text, software, graphics or other materials forming part thereof are copyrighted by us under United States and international copyright laws and is licensed to you for your internal commercial use and may not be publicly distributed, published, posted, transmitted, sold or offered for sale in any way.  Certain marks, words and logos displayed on the Service and/or the App, which may or may not be designated by a “™” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks belonging to us or our licensors.  You are not authorized to use any such marks.  Ownership of all such marks and the goodwill associated therewith remains with us or our respective licensors.

Your Subscription.

By subscribing to the Service, you expressly agree to pay monthly subscription fees, corresponding to your subscription plan, plus any applicable tax.  Please note that fees are subject to change with notice.  During your registration process, you will choose one of the payment methods accepted by us for directly charging your subscription fees.  You hereby authorize us to automatically charge your payment method for the subscription fees on each monthly anniversary of the commencement of your subscription, until you cancel your subscription.  Subscription fees are fully earned upon payment.  In the event your subscription commenced on a day not contained in a given month, Zuum will charge you on the last day of such month.  You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your payment method.  Payments are nonrefundable and there are no refunds or credits for partial-month subscription periods.  If you want to change your payment method, such as your credit card validity or expiration date, you may edit your payment method information by changing your Account information on the App.

Zuum may offer a free trial of the Service from time to time.  Free trial may be for a limited period of time or for a limited number of uses.  To view the specific details of, or eligibility for, a free trial, visit the Site.  You must register and designate a payment method even for the free trial.  Zuum will begin charging your designated payment method for monthly subscription fees plus any applicable tax at the end of the free trial unless you cancel prior to the end of the free trial period.  You will not receive a notice from us that your free trial period has ended and your subscription shall be deemed to have commenced at the end of the free trial.  IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL PERIOD, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD.  

To cancel your subscription, please visit the Site and follow the membership cancellation instructions.  You may cancel your subscription at anytime, and cancellation will be effective immediately.  ZUUM DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS.

Disclaimers of Warranties.

OUR SERVICE, INCLUDING THE SITE, THE APP AND THE SERVICE RESULTS, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, ZUUM DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.  ZUUM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE, THE SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT ZUUM MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING ANY FEATURES THEREOF, WITHOUT COMPENSATION OR NOTICE TO YOU.  ZUUM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE, THE SITE OR THE APP OR THAT YOUR USE OF THE SERVICE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND ZUUM DISCLAIMS ANY LIABILITY WITH RESPECT THERETO.  WITHOUT LIMITING THE FOREGOING, ZUUM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) CONTENT CONTAINED ON OR DEFECTS WITH SERVICE RESULTS; (II) ERRORS OR OMISSIONS IN THE APP, THE SERVICE OR THE SITE; (III) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF THE SERVICE, THE APP AND/OR THE SITE; (IV) DELIVERY AND OR DISPLAY OF ANY RESULTS; (IV) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SERVICE, THE APP AND/OR THE SITE, (V) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS, OR (VI) ANY TECHNICAL MALFUNCTION IN YOUR USE OF THE SITE, THE SERVICE OR THE APP INCLUDING, BUT NOT LIMITED TO, PROBLEMS WITH USING THE SITE, THE SERVICE OR THE APP, LOSS OF PERSONAL CONTENT ON THE SITE, AND LOST OR UNDELIVERABLE EMAIL.  THE SITE AND/OR THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.

EXCEPT AS EXPRESSLY STATED OTHERWISE, YOU ARE NOT RELYING ON ANY REPRESENTATION, WARRANTY, GUARANTEE, OR STATEMENT MADE BY OR ON BEHALF OF ZUUM WITH RESPECT TO THE SITE, THE SERVICE AND/OR THE APP.  NO ORAL OR WRITTEN INFORMATION, OPINION OR ADVICE GIVEN BY ZUUM, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, AGENTS OR ANYONE ELSE IN ANY FORM OR MANNER WILL CREATE A REPRESENTATION, CONDITION, OR WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

Limitation of Liability.

You understand and agree that your use of the Service, the App and/or the Site is at your own discretion and risk and that you will be solely responsible for any damages that arise from such use including, without limitation, for loss of data and or any type of malfunction to your computer.  IN NO EVENT SHALL ZUUM OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, INCLUDING OUR APP AND THE SITE.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, THE APP OR THE SITE (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S SUBSCRIPTION FEES ON YOUR SUBSCRIPTION PLAN.  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Release and Waiver.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our licensors, and each of our respective officers, agents and employees, from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorney’s fees) of every kind and nature, arising from or in any way related to your use of the Service, the App and/or the Site.  If you are a California resident, you expressly waive your rights under California Civil Code Section 1542 which states:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Customer acknowledges that any fact relating to any matter covered by this release may be found to be other than now believed to be true and Customer accepts and assumes the risk of such possible differences in fact. In addition, Customer expressly waives and relinquishes any and all rights and benefits which Customer may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

Indemnification.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service the Site and/or the App; (ii) your violation of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.  This defense and indemnification obligation will survive termination of your subscription.

Third-Party Websites.

Zuum has not reviewed, and cannot review, any of the material, including computer software, made available through the websites to which the Site, the Service and/or the App links, and that link to the Site, the Service and/or the App.  Zuum does not have any control over those third-party websites, and are not responsible for their contents or their use.  By linking to a third -party website, Zuum does not represent or imply that it endorses such website or any products or services offered through such websites.  You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.  Zuum disclaims any responsibility for any harm resulting from your use of third-party websites or any products or services offered through such websites.

User Information.

Zuum may use the information it obtains relating to you, including, but not limited to, your Internet Protocol address, name, mailing address, email address and use of the Service, for our internal business and marketing purposes and may disclose the information to third parties for such purposes, strictly subject to the privacy specifications set forth in our Privacy Policy incorporated herein by this reference.

Promotional Lists and Newsletters.

You understand and agree that by using the Site, the Service and/or the App, your name may be placed on promotional lists to receive emails and updates regarding the Site, the Service and/or the App and our newsletter.  If you wish to discontinue receiving such emails in the future, please follow the opt-out instructions provided on the e-mails or log into your account on the Site and follow the instructions to make the appropriate changes.

Copyright Notice.

As a matter of policy, Zuum respects the rights of copyright owners to control the uses of their intellectual property and require our users to do the same.  Zuum complies with the Digital Millennium Copyright Act (“DMCA”) and will: (i) block access to, or remove material that it believes in good faith infringes copyright of a third party; and (ii) remove and discontinue service to repeat infringers.

If you believe that any content available on the Site infringes one or more of your copyrights, please immediately notify Zuum’s Copyright Agent by a written notice (“Infringement Notice”) providing the information described.  If Zuum takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Zuum.  Please be advised that you may be held liable for damages based on misrepresentations contained in an Infringement Notice.  Thus, if you are not sure that content located on or linked-to by this Site infringes your copyright, you should consider first contacting an attorney.

All Infringement Notices should include the following:

  • A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
  • An identification of the copyright claimed to have been infringed;
  • A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit AppleTree.com to find and positively identify that content;
  • Your name, address, telephone number and email address; and
  • A statement by you: (i) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.


Infringement Notices should be sent to the following:

By mail:

Zuum
9415 Culver Blvd
Culver City, CA 90232
Attn: Legal Department

By fax/e-mail:

E-mail: legal@zuumsocial.com
Attn: Legal Department

General.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles.  The United Nations Convention on Contracts for the International Sale of Products is excluded and does not apply to this Agreement.  If any dispute relating in any way to this Agreement or the policies or your use of the Site, the Service and/or the App shall be submitted to confidential arbitration in Los Angeles County, California, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, Zuum may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this Agreement shall be conducted under the Streamlined Arbitration Rules and Procedure of JAMS.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.  The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.  This Agreement constitutes the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.  The parties intend that this Agreement should not be construed in favor of or against any party by reason of the extent to which any party or its professional advisors participated in preparation or drafting of this Agreement.