Terms and Conditions

ZOOTOO.COM

TERMS AND CONDITIONS OF USE AND ACCESS

EFFECTIVE JUNE [7], 2007

IMPORTANT: BY USING ZOOTOO.COM, ITS SUB-DOMAINS AND ANY SERVICES AVAILABLE THEREFROM (COLLECTIVELY, THE "SITE"), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE AND ACCESS (THE "TERMS"). IF YOU DO NOT WANT TO BE BOUND BY THE TERMS, DO NOT USE THE SITE.

1. GENERAL

The Terms constitute a legal agreement between you ("you" or "your") and Zootoo, LLC ("Zootoo or "we"). In consideration of your use of and access to the Site and the promises and obligations herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you agree to these Terms and acknowledge that you are bound hereby.

Your access to and use of the Site is subject to these Terms, as well as any Revisions (as defined below) that may be issued by Zootoo to these Terms from time to time. Among other things, the Site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them from third parties. These Terms and the information provided by Zootoo in no way override the terms and conditions of your purchase of any product or service from such third party, and you acknowledge that any such purchase transaction is entered into solely between you and such third party. To the extent any area within or functionality of the Site contains specific terms and conditions concerning its use ("Specific Terms"), and you are granted access to or use of such areas or functionality by Zootoo, those Specific Terms are in addition to these Terms. For example, Zootoo may sponsor certain promotions with additional terms and conditions or establish rules for specific areas of the Site. To the extent there is a conflict, inconsistency or ambiguity between these Terms and the Specific Terms, these Terms shall prevail.

You further agree that these Terms (including, without limitation, any applicable Specific Terms) are the complete and exclusive statement of the agreement between Zootoo and you with respect to your access to and use of the Site and its Content (as defined below), and supersede and merge all prior or contemporaneous proposals, understandings and all other agreements, oral and written, relating to the subject matter hereof. Any provision of these Terms which is prohibited by or unlawful or unenforceable under any applicable law of any jurisdiction will be ineffective to the extent that it is unlawful or unenforceable as to such jurisdiction without affecting any other provision of these Terms; provided, however, that such provision shall be enforced to the maximum extent possible to maintain its original intent. To the full extent, however, that the provisions of such applicable law limiting the enforceability of these Terms may be waived, they are hereby waived, to the end that these Terms be deemed to be a valid and binding agreement enforceable in accordance with the terms hereof. Zootoo's rights under these Terms may not be waived unless a duly authorized officer of Zootoo agrees to such waiver in a non-electronic writing, and a waiver I one instance shall not constitute a waiver in future instances.

Zootoo's performance of the Terms is subject to applicable law and legal process, and nothing contained in these Terms is in derogation of Zootoo's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site and the Content or information provided to or gathered by Zootoo with respect to such use.

These Terms shall be binding upon you and Zootoo and each of our successors, assigns, executors, heirs and legal representatives (as applicable). You may not assign your rights or obligations under these Terms without Zootoo's prior written consent, and any purported assignment without such consent shall be void and of no force and effect.

2. CHANGES IN TERMS

Zootoo shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site, the Content or any other matter (such revisions and/or new terms and conditions, collectively, the "Revisions"). The Revisions shall be effective upon (i) the posting of the revised Terms to the Site, and (ii) a posting of a notification on the home page of the Site stating that the Terms have changed, which posting shall remain on the home page for a minimum period of one (1) week from the date that the Revisions are posted. You are responsible for visiting the Site periodically to review the Terms. You agree that you shall be deemed to be apprised of and bound by any Revisions reflected in such Terms pursuant to this Section 2. ANY ACCESS OR USE OF THIS SITE OR ANY CONTENT BY YOU AFTER THE POSTING OF THE NOTICE AND THE REVISED TERMS SHALL CONSTITUTE YOUR AGREEMENT TO SUCH REVISED TERMS. No modification to these Terms by any party other than Zootoo shall be valid or enforceable against Zootoo unless expressly agreed to by Zootoo in a non-electronic writing signed by a duly authorized officer of Zootoo.

3. TERMINATION

These Terms are effective until terminated by Zootoo. Zootoo may terminate these Terms without notice and at any time, with respect to you or any or all users of the Site. In the event of termination of these Terms with respect to you, you will no longer be authorized to access or use the Site. Zootoo shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any user's right to access or use the Site of any portion thereof. In the event of a termination of these Terms or your access to and use of the Site, Sections 1, 3, 4, 5, 6, 7, 9, 10, 11 and 12 of these Terms shall survive and continue in full force and effect, all rights granted by you shall remain in full force and effect and, except as required by applicable law, Zootoo shall be permitted, but shall not have any obligation, to delete any of your accounts, Submitted Content (as defined herein) or other information. In the event of the termination of these Terms or your access to or use of the Site, you must immediately destroy all copies of the Content (other than your Submitted Content) in your possession and, at our request, certify to us in writing as to such destruction.

4. SITE CONTENT; ACCESS; DISCLAIMER OF WARRANTIES AND REPRESENTATIONS

(a) Site Content. Unless specifically permitted herein, no information, materials, files or content (collectively "Content") comprising, contained in or distributed through the Site may be reproduced in any form or used by you without the prior written consent of Zootoo. Content on the Site may be displayed, printed, or reproduced only for your personal, non-commercial use, provided that (i) the Content is not modified, (ii) all copyright and other proprietary notices are preserved, (iii) you do not use the content in a manner that suggests an association with any of our products, services or brands, and (iv) you do not download Content so as to avoid future downloads from the Site. The Site and the Content found therein are the property of Zootoo and its licensors and are protected by copyright laws, and international treaty provisions. You acknowledge that Zootoo or its licensors (as applicable) own and shall retain the exclusive right, little and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the Site and all Content. Except as expressly permitted in this Section 4(a), you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer or exploit the Site, the Content, any technology or software relating thereto, or any portion of any of the foregoing.

(b) Access. Unauthorized access to or use of the Site or the Content is a breach of these Terms and a violation of law. Only individuals thirteen years of age and older are authorized to access the Site and the Content, and by accessing and using the Site and the Content you warrant and represent that you are at least thirteen years of age. You agree not to access the Site or the Content by any means other than through the World Wide Web by accessing our website with a standard Internet browser (e.g. Internet Explorer, Firefox, etc.) You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Site or any of the Content. The Site, the Content and any software relating thereto is further subject to United States export controls. Without limiting the generality of the foregoing, the Site, its Content and any software relating thereto may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria or any other country to which export is subject to control or licensing by the U.S.; or (b) to anyone on the U.S. Treasury Department's list of Specialty Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing and using the Site and the Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.

(c) Note on Site Content. (i) The Content on the Site includes information relating to third parties and their products, services and opportunities (including, without limitation, you opportunity to volunteer at pet shelters and other pet-related organizations), and links to such third parties and their online resources. Such Content may include, without limitation, postings by users in different areas of the Site, data files, written text (e.g., reviews, recommendations, articles, etc.) computer software, music, audio files, video files, web casts, photographs or other images. The Content on the Site also includes a variety of information and views and opinions on a wide range of topics. Some Content will be provided directly by Zootoo or third party providers of products and services (or agents or representatives working on their behalf). In other instances, Content will be provided by a panel of consultants or experts who may or may not be compensated by Zootoo, or by Zootoo's users or partners. Zootoo does not warrant that product, service or opportunity descriptions, pricing, editorial, opinion or other commentary or any other Content regardless of its source, is accurate, complete, reliable, current, of good quality or error-free. All Content is provided for informational purposes only and does not constitute an endorsement, recommendation, sponsorship or approval of such Content, or any product, service, or opportunity of or provided by a third party by Zootoo. You should not rely on such information including, without limitation, in situations where its inaccuracy would or could cause you, a third party, an animal or pet to suffer or incur any loss, damage, liability or injury (including, without limitation, personal injury or death, or injury or death to animals or pets).

(ii) Although the Site may contain general information provided by veterinary professionals, no Content is intended to be, or should be construed as, veterinary advice, diagnosis or treatment. Prior to making decision relating to a pet (including, without limitation, any issues relating to diagnosing issues or treatment options) or purchasing any pet-related products or services, you should first contact a licensed veterinary professional to seek their opinion, and conduct such other research as you may deem appropriate in making a purchasing decision. You should never disregard professional veterinary advice or delay in seeking it because of something you have read on the Site. If you think your pet may have a medical emergency, call your veterinarian immediately. Zootoo does not endorse, recommend, sponsor or approve of any specific tests, procedures, treatments, opinions, veterinarians, products, services, or other information that may be mentioned on the Site.

(iii) The products and services offered by third parties are sold or provided by such third parties and not by Zootoo, nor is Zootoo or the Site acting as agent for such third parties in the provision of such third party products and services including, without limitation, with respect to any free product samples you may obtain through the use of the Site. Reviews, ratings and other Content (e.g., video, web casts, etc.) on the Site are from our users, partners or vendors who have elected to provide such materials on the Site. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party or other third party in any given transaction. Zootoo disclaims any responsibility for, or liability related to, such products and services (or an information relating thereto), and you agree to address any questions, complains or claims solely to the appropriate third party provider of such products or services and not to Zootoo. Links to other Internet sites operated by third parties, including manufacturers of products or services featured on Zootoo, do not constitute sponsorship, endorsement or approval by Zootoo of the content, policies or practices of such linked sites. Linked sites are not operated, controlled or maintained by Zootoo, and Zootoo is not responsible for the availability, content, security, policies or practices of linked sites, including without limitation, privacy policies and practices. Links to other websites are provided to your convenience only and you access them at your own risk.

(iv) While using the Site, you may be exposed to Content that you find offensive, indecent, profane, objectionable or inaccurate, and you bear all risks associated with your access to or use of such Content. We have the right, but not the obligation, to remove any Content that may (in our sole discretion) violate these Terms or that we may otherwise decide should be removed from the Site (in our sole discretion).

(d) DISCLAIMER OF WARRANTIES AND REPRESENTATIONS. IN FURTHERANCE OF THE FOREGOING, THE SITE, AND THE CONTENT CONTAINED IN AND DISSEMINATED FROM THE SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (ALL OF SUCH IMPLIED WARRANTIES AND REPRESENTATIONS BEING HEREBY EXPRESSLY DISCLAIMED). YOU ASSUME THE ENTIRE RISK (1) AS TO YOUR ACCESS TO AND USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY CONTENT OBTAINED THROUGH OR FROM THE SITE, AND (2) THAT THE SITE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR RELIABLE, HAVE ANY LEVEL OF QUALITY OR MEET YOUR EXPECTATIONS. ZOOTOO MAKES NO WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE OR COMPLETELY SECURE. ZOOTOO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD PARTY PRODUCTS, SERVICES OR OPPORTUNITIES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR OTHER DAMAGES, RELATING TO YOUR USE OF THE SITE OR THE CONTENT. ANY ISSUES ARISING OUT OF OR RELATING, DIRECTLY OR INDIRECTLY, TO THIRD PARTY PRODUCTS, SERVICES OR OPPORTUNITIES (INCLUDING, WITHOUT LIMITATION, PRODUCTS OR SERVICES PROVIDED BY OR PURCHASED FROM THIRD PARTIES, OR VOLUNTEER OPPORTUNITIES OFFERED BY THIRD PARTIES) MUST BE RESOLVED SOLELY AND DIRECTLY WITH THE PROVIDER OF SUCH THIRD PARTY PRODUCTS, SERVICES OR OPPORTUNITIES. NO ADVICE, INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM, THROUGH OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE CONTENT, WILL CREATE OR PROVIDE ANY WARRANTY OR REPRESENTATION ON THE PART OF ZOOTOO OR ANY OF THE ZOOTOO PARTIES (AS HEREINAFTER DEFINED).

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the liability of Zootoo shall be limited to the greatest extent permitted by applicable law. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

5. GOVERNING LAW AND JURISDICTION

The Site is controlled and managed by Zootoo from its offices in the United States. Those who choose to access the Site from locations outside of the United States are responsible for compliance with applicable local laws. The Site and the Content have been specifically designed for use solely in the United States. You must not use the Site or the Content in countries where it is restricted, prohibited or limited by local law, regulations, codes or customs. Zootoo makes no warranty or representation that the Site or the Content is appropriate or available for use in locations outside the United States. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without reference to its conflicts of laws principles. By using the Site, you submit to the exclusive jurisdiction of and venue in the Federal District Court located in Newark, New Jersey and the Superior Court of the State of New Jersey for Hudson County to resolve any dispute arising out of or in connection with these Terms, the Site or the Content, and waive any objections thereto including those of inconvenience forum or similar defenses.

Notwithstanding the foregoing, Zootoo may elect to resolve any controversy or claim arising out of or relating to these Terms, the Site or the Content by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Secaucus, New Jersey, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relieve from a court of competent jurisdiction in Hudson County or Essex County, New Jersey to protect the rights of the property of you, Zootoo or its agents, licensors, suppliers, and subcontractors, pending the completion of such arbitration.

No claim or cause of action based on these Terms, the Site or the Content, or your access or use thereof, may be brought by you more than one (1) year after such claim or cause of action arose.

6. LIMITATION ON DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL ZOOTOO, ZOOTOO HOUSE, INC. AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, TRUSTEES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESNTATIVES (ALL OF THE FOREGOING, COLLECTIVELY, THE "ZOOTOO PARTIES") BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLDUING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PERSONAL OR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PERSONAL OR BUSINESS INFORMATION, OR OTHER LOSS OR DAMAGE) ARISING OUT OF OR RELATED TO THESE TERMS OR ARISING OUT OF THE ACCESS OR USE, OR INABILITY TO ACCESS OR USE THE SITE (AND/OR THE CONTENT CONTAINED THEREIN AND DISSEMINATED THEREFROM), EVEN IF THEY (OR ANY ONE OR MORE OF THEM) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORSEEABLE, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR THEORY ASSERTED (E.G., WHETHER IN CONTRACT, TORT OR OTHERWISE). IF, NOTWITHSTANDING THE PROVISIONS OF THE TERMS, ANY OF ZOOTOO PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT OR OTHERWISE, THE AGGREGATE LIABILITY OF THE ZOOTOO PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES (IF ANY) PAID BY YOU TO ZOOTOO IN THE SIX MONTH PERIOD PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST THE ZOOTOO PARTIES (OR ANY ONE OR MORE OF THEM), OR (B) $100 USD. YOU AGREE TO USE YOUR BEST EFFORTS TO MITIGATE ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, parts of the above limitation may not apply to you. In such jurisdictions, the liability of Zootoo shall be limited to the greatest extent permitted by applicable law. Check your local laws for any restrictions or limitations regarding the limitation of liability for consequential or incidental damages.

7. SUBMISSION OF MATERIALS OR CONTENT; USE OF SITE; NOTIFICATIONS

By contributing or submitting any materials, information, ideas, suggestions, ratings, reviews, recommendations or other content to Zootoo (whether through the Site or otherwise, collectively the "Submitted Content"), you warrant that you are the author and owner of all intellectual property and proprietary rights in such Submitted Content, and you grant Zootoo (and our licensees, distributors, affiliates, partners, agents, representatives and other authorized users) a worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to use, re-use, copy, modify, delete in its entirety, adapt, publish, host, store, cache, archive, index, categorize, comment on, broadcast, stream, translate, publicly perform, publicly display, exhibit, create derivative works from and/or sell and/or distribute, re-distribute, publish, transmit and disseminate and/or incorporate or otherwise exploit such Submitted Content in, with, into or through any form, medium or technology (whether now known or hereinafter developed) without compensation to you, without obtaining your permission or providing attribution, and for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes. In addition, you warrant that all "moral rights" that you may have in such Submitted Content have been voluntarily waived by you, and you agree that the license in the first sentence of this Section 7 includes, without limitation, the right for Zootoo, its affiliates and partners to use any name, likeness, image and other identifying characteristics that are embodied or incorporated into any Submitted Content (including any of the foregoing relating to you or your pet) and which shall be considered part thereof for the purposes of these Terms. None of the submitted Content shall be subject to any obligation of confidence on the part of Zootoo or any third party. Zootoo reserves the right to, from time to time, refuse, move, remove, change, condense or delete any Submitted Content or Content on the Site in Zootoo's sole discretion, and to change your username, in each instance for any or no reason and in Zootoo's sole and absolute discretion. You agree that any Submitted Content you provide is not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way.

You agree that you shall not post, publish, submit or otherwise disseminate through the Site any Submitted Content or other information:

  1. that is known by you to be false, inaccurate or misleading

  2. that violates, infringes or misappropriates any third party's copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right

  3. that violates any law, statute, regulation, rule or ordinance (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

  4. that is, or may reasonably be considered to be, defamatory, libelous, hateful, profane, abusive, racially, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity, or otherwise contains foul language

  5. for which you were compensated or granted any consideration by any third party

  6. that includes any information that references addresses, email addresses, contact information or phone numbers

  7. that contains any computer viruses, worms or other potentially damaging computer programs or files

  8. that contains an advertisement or offer for sale of any products or services (unless you have Zootoo's prior non-electronic written consent to do so); or

  9. that consists of, includes or incorporates surveys, contests, pyramid schemes, spam, unsolicited advertising, chain letters or promotional materials.

In addition to the foregoing, you agree not to:

  1. Download any file that you know or reasonably should know cannot be legally obtained in such manner

  2. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of any Content or Submitted Content.

  3. Restrict or inhibit any other user from using and enjoying any public area within the Site

  4. Collect or store personal information about other users of the Site, or post personal information about any person on the Site without their express permission

  5. Create more than one account on the Site

  6. Attempt to access or use the Site or the Content after your access or use has been terminated

  7. Affect the way the Site displays Content (including any pages contained therein)

  8. Frame the Site or putting pop-up windows over its pages

  9. Use any automated means to access or use the Site or to collect any Content contained therein

  10. Publish any product or service review more than once, or publishing any product or service review for a product or service for which you have a direct or indirect financial or other interest

  11. Modify or create variant versions of Zootoo's name, trademark or logos

  12. Use ActiveX, Java, JavaScript, cookies, web bugs or tracking technologies (e.g., HumanClick or SiteMeter) in connection with the Site or any pages you control that are part of the Site;

  13. Interfere with or disrupt the Site or the infrastructure

  14. Impersonate any person or entity, including, but not limited to a Zootoo representative, or falsely state or otherwise misrepresent your affiliation with a person or entity

  15. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site

  16. Take any action that imposes an unreasonably or disproportionately large load on the Site or its infrastructure;

  17. 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; or

  18. Engage in any acts or omissions that could constitute a violation of applicable laws, statutes, regulations, rules or ordinances.

We cannot and do not assure that other users are or will be complying with these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

If we request registration information from you, you will provide us with true, accurate, current and complete information. You will promptly update your registration to keep it accurate, current and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the area of the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us using the contact information in Section 12 below. We may also send certain service announcements and administrative messages to you by e-mail. You may not opt-out of these announcements and messages, but may opt-out of our other newsletters on e-mail lists by using the unsubscribe links contained in the relevant messages.

You acknowledge that Zootoo does not pre-screen information, materials and content submitted by its users, and has no obligation to do so, however, Zootoo reserves the right (but not the obligation) in its sole discretion to refuse, edit, modify or delete all or any portion of any information and content submitted to any user and to, from time to time, monitor and review your use of the Site and the Content and all Submitted Content provided by you (or on your behalf) by Zootoo or the Site.

8. PRIVACY

Certain information collected from you in the course of your using the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference and which may be revised from time to time as provided therein. You acknowledge, agree and consent to the information collection, distribution and other terms, conditions and matters set forth in the Privacy Policy.

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Zootoo, its affiliates, vendors, partners, and each of their respective directors, officers, members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorney's fees and court costs) arising out of or relating to (a) your breach of these Terms, (b) your access to or use of the Site and/or the Content, (c) any Submitted Content provided by you or on your behalf, or the subsequent use and access thereto by third parties, (d) your violation, breach or misappropriation of a third party's copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, (e) your tortious acts including, without limitation, defamation, and/or (f) any claims you may raise against third parties relating to third party products or services. We reserve the right to assume, at our expense, the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. If we assume such defense, we will be responsible solely for our legal fees in connection with such defense and all other losses, damages, liabilities, judgments, settlements, costs and expenses shall be your sole responsibility.

10. RELEASE

Because we are a venue, in the event that you have a dispute with one or more users of the Site, you hereby irrevocably, release and discharge Zootoo, its affiliates, vendors, partners and each of their respective directors, officers, members, managers, employees, agents and representatives against and in respect of all past, present and future claims, actions, losses, damages, liabilities, costs and expenses, (including, but not limited to, reasonable attorney's fees and court costs) whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. To ensure that the release provided in this Section 10 is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this Section 10 by virtue of §1542 of the California Civil Code, which provides: 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. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law application in jurisdictions other than California as it pertains to the enforcement of the release in this Section 10.

11. INFRINGEMENT OF COPYRIGHTS AND ZOOTOO COPYRIGHT POLICY

Zootoo respects the rights of all copyright holders and accordingly has adopted a policy that provides for the removal of uploaded Content ("Uploaded Material") that infringes upon the rights of copyright holders as further described below.

The Copyright Agent for notice of claims of copyright infringement on or regarding Zootoo is:

Zootoo, LLC
Attn: Courtney Lucignano
400 Plaza Drive, 1st Floor
Secaucus, NJ 07094 USA
Tel: 201-520-4000
Fax: 201-348-1909
legal@zootoo.com

If you believe Content on the Site infringes your copyright rights, you should send notice of alleged copyright infringement to Zootoo's Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S. C. §512) by providing the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner or an exclusive right this is allegedly infringed

  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site

  3. Identification of the Uploaded Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted

  5. A statement that the complaining party has a good faith belief that use of the Uploaded Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. To learn more, see 17 U.S. C. §512.

Once you provide Zootoo with an adequate notice as described above, Zootoo will act expeditiously to remove or disable access to the identified Uploaded Material. Zootoo will also take reasonable steps to promptly notify the user that provided the allegedly infringing Uploaded Material. If the user does not believe it has infringed your copyrights, then the user may provide Zootoo with a counter notification containing the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act:

  1. The user's physical or electronic signature

  2. Identification of the Uploaded Material that has been removed or to which access has been disabled and the location at which the Uploaded Material appeared before it was removed or access to it was disabled

  3. A statement under penalty of perjury that the user has a good faith belief that the Uploaded Material was removed or disabled as a result of mistake or misidentification.

  4. The user's name, address and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the user's address is located, or if the user's address is outside of the United States, for any judicial district in which Zootoo may be found, and that the user will accept service of process from the person who provided notification of the alleged infringement.

In the event that Zootoo receives a counter notification in compliance with the above requirements, it will provide you with a copy of the counter notification and inform you that Zootoo will replace the removed material in 10 business days from the date of the counter notification unless Zootoo first receives notice from you that you have filed an action seeking a court order to restrain the user from engaging in the allegedly infringing activity of uploading the Uploaded Material to the Site.

Zootoo is authorized to and will terminate your user name and password in the event that you are determined to be a repeat infringer. PLEASE NOTE THAT ZOOTOO INTENDS TO COMPLY WITH ALL PROVISIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT BUT WILL NOT UNILATERALLY TAKE RESPONSIBILITY FOR POLICING AND REMOVING MATERAL THOUGHT TO BE INFRINGING.

12. MISCELLANEOUS

If you have questions or comments, please contact us at:

Zootoo, LLC
Attn: Courtney Lucignano
400 Plaza Drive, 1st Floor
Secaucus, NJ 07094 USA
Tel: 201-520-4000
Fax: 201-348-1909
legal@zootoo.com

The Site and the Content are © 2007 Zootoo, LLC and its licensors, all rights reserved. Zootoo™ and its associated logo are service marks of Zootoo, LLC and may not be used or displayed in any manner without its prior written consent in each instance.

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