Zooba Terms of Service Agreement

Last updated on October 19, 2019


Please read this Terms of Service Agreement carefully before accepting to ensure you completely and fully understand the Agreement.

ACCEPTANCE OF TERMS

This is a legal and binding agreement, and you understand and agree that by creating an Account, gaining access to our platform and using our Services, that you have read, understand and accept these Terms of Service.

You understand and agree that Zooba owns all right, title and interest in and to the Zooba website, software and all content made available to its Members.

You are and will remain in compliance with the Terms of Service at all times while using our Services, the Zooba Privacy Policy and all applicable laws and regulations. All rights not expressly granted in this Agreement are reserved by us and our licensors.

Modification of Agreement. We reserve the right to modify this Agreement at any time by posting an amended Agreement to this website and/or by providing notice to you of a modification. You should confirm this Agreement periodically for modifications. If any modification is not acceptable to you, your option is to terminate your acceptance to this Agreement. Your continued use of this website following our posting of any amended Agreement or providing you notice of a modification, shall constitute your binding acceptance of the amended terms.

DEFINITIONS.

 The following terms apply:

"Account” refers to the account that you establish in order to utilize the Services offered by Zooba. “Agreement” refers to this Terms of Service Agreement, and such other policies and terms that may be posted, from time to time, on ZoobaParty.com. “Consultant” refers to an individual connected to a direct sales company who purchases a subscription with Zooba in order to utilize the virtual platform.

“Content” refers to text, data, graphics, video, messages, chats, text or email communications, posts, and anything else produced, displayed or transmitted on Zooba.

“Devices” refers to your personal computers, smart phones, tablets, or other mobile devices that you use to access the Services.

“Guest” refers to any individual, other than the Consultant, who attends a virtual party held on Zooba.

“Host” refers to an individual who is responsible for inviting Guests to attend a virtual party they are hosting in conjunction with a Consultant.

“Fees” refer to charges established by Zooba for the Services provided and paid for by a Member.

“Services” refers to use of the virtual platform, services, and software provided to a Member in order to create, schedule, organize and host a virtual direct sales party.

“Member” refers to an individual who created and purchased a subscription to utilize the Zooba platform.

“Subscription” refers to the right to access our services online for a certain period of time. The subscription is non-transferrable and is subject to the terms set forth herein and the timely payment of the Fees.

“Subscription Term” refers to the length of time of a Member’s purchased Subscription.

“User,” “you”, and “your” refers to the Member and user of the Services.

“Zooba” or “we” or “us” or “our” shall refer to Zooba LLC, a Florida limited liability company.

“Zooba Website,” or “website” refers to www.ZoobaParty.com."

SERVICES

You understand that in order to create an Account, you must be 18 years of age or older, and able to enter into and form a legally binding agreement. You must be in good standing, and not suspended and/or otherwise removed from our system.

You will be required to become a Member in order to use our Services, and provide us with personal information, such as your name and email address, in order to create an Account. You agree to provide complete and accurate information when creating your Account, and understand it is your responsibility to maintain and promptly update your Account information.

You may access and use the Services for your own personal or business use only. You shall not permit unauthorized access to your Account to anyone else. You are responsible for maintaining the security of your Account, and shall notify Zooba immediately if you notice any unauthorized access of your Account. You agree that Zooba will not be held liable for any loss and/or damage arising from any failure to comply with this term.

You are responsible for all content created and/or posted along with any activity that occurs under your Account.

You understand that use of the Services requires a compatible device with internet access (high-speed is recommended). It is your responsibility to install, acquire or upgrade any hardware, software, and/or internet access required to use the Zooba website or Services.

You understand and agree that the availability of Services offered shall be available 24 hours a day, 7 days per week. You understand that interruptions or situations may arise beyond our control, and as such, Zooba cannot assume any obligation or responsibility for any missed delivery of content or loss of user content and settings. We will use reasonable efforts to restore access to the Services should an interruption occur.

PAYMENT TERMS FOR SERVICE

To receive access and use the Services, you are required to create an Account, select a Subscription Term, and pay the applicable Fees with a valid credit card acceptable to us. Inasmuch as we are offering a 14 Day Free Trial, your credit card will be charged at the end of your Free 14 Day Trial.

To avoid any interruptions of Services, it is your responsibility to ensure your payment method is current and updated (e.g. credit or debit card expiration date or change in card number) at all times.

Subscriptions may be billed monthly, semi-annually or annually depending on the Subscription Term you choose. You understand that Zooba will charge your payment method for all amounts due under the Subscription Term you choose when you create your Account, and that the amount charged is non-refundable.

You understand Subscription Terms are recurring. When a Subscription is up for renewal, and your Account is active (and not cancelled), you agree that Zooba may charge your credit card the total amount due for continuing your current Subscription without additional notice to you.

Subscription Terms may be changed or cancelled at any time through your Account, and the change will take effect when the current Subscription expires and is next up for renewal.

We reserve the right to change our prices for Services at any time, and will provide notice to you no less than fourteen (14) days prior to your Subscription renewal. You may cancel the renewal if you do not agree to our new price terms for Services.

If we attempt to charge your credit card and it is unsuccessful, you will be required to enter a valid credit card to pay for the current subscription you desire. If you fail to enter a valid credit card, your Subscription will be automatically cancelled, and no further attempts will be made. Zooba Services will be denied to your Account until a new Subscription is attached to and fully paid for on your Account.

If we are unable to collect any Fees owed for Serviced received, we may take steps necessary to collect such Fees from you, and you understand that you will be responsible for all expenses incurred by Zooba in order to collect payment from you.

CANCELLATION OF SERVICES

You may cancel your subscription with Zooba at any time. You must cancel your Subscription Term through your Account page before it renews in order to avoid any charge to your credit card. You understand and agree that you will not receive a refund for any Services already paid for, regardless of how much you used or didn’t use the Services. If you cancel your Account, your future charges will be cancelled, and you will not be billed for any additional Services. You further understand that should you cancel in the middle of a paid billing period, you will be able to continue to use the Services until the full term of your Subscription has ended, and then your Account will become inactive. Service access will end immediately upon cancellation during the Free Trial period

In the event you elect to cancel your Account through your Account page, you understand all data, posts and other content will be deleted and cannot be recovered after your subscription period ends.

REFERRAL BONUS

Each Member will receive a unique referral code when they initially create an Account. You may share that referral code with any Direct Sales Consultant wishing to use our Services. When a new Member creates an Account, purchases a Subscription Term and enters the unique referral code provided to you, you will received one free month of Services once that new Member has paid for 60 days of Service. Any free months earned are added to the end of your Subscription Term

You understand and acknowledge that any referral bonus has no cash value and may not be redeemed for cash or a refund of any Subscription fees already paid.

RIGHTS RESERVED

You understand that Zooba reserves the following rights:

  • to change or alter the website, platform or any Services provided through the website;
  • to review, disable and remove any and all content from the website or any content that any Member attempts to post through the Services;
  • to suspend or terminate the Services of anyone who violates the Terms of Service Agreement;
  • to automatically update or modify any software or content provided on the website, even if it affects the Services provided to you;
  • to cooperate or comply with any law enforcement, court, order or third party requesting or directing that we disclose certain information or content to them.

Zooba may limit the amount of data saved and duration of time in which it will retain such certain data, including information provided when creating a party, the date, time, and title of the party, specific posts used, text chat records and any other Content created, saved and/or transmitted. You understand there is a maximum amount of space allocated on Zooba’s servers on each Member’s behalf.

You agree that Zooba holds no responsibility nor liability for the removal or failure to maintain storage of any Content or other data. You acknowledge that Zooba reserves the right to delete or remove any account that is unpaid, including all Content stored on the Account.

PRIVACY POLICY

You acknowledge and agree that you have reviewed, understand, and agree to be bound by all of the terms and provisions of the Zooba Privacy Policy.

PROHIBITED USE OF WEBSITE AND SERVICE

You understand you are responsible for all materials and information created, stored, posted, transmitted or otherwise presented (“Content”) under your Account and agree to comply with the Terms of Service and all applicable laws and regulations.

You agree to utilize the Services to conduct virtual parties as a Consultant in Direct Sales, and understand that you may not transmit, upload or post any Content that:

  • Is harmful, harassing, abusive, threatening, defamatory, libelous, or invasive of another’s privacy or safety, or which can be viewed as hateful and/or racially, ethnically, or otherwise objectionable.
  • Is violent, partially nude or otherwise, discriminatory, or unlawful, including without limitation, pornographic or sexually suggestive photos or other material.
  • May violate or infringe upon any copyright, patent, trademark, or any other proprietary or intellectual property rights of any other person or entity, including without limitation, to unlicensed stock photographs or any other material that would violate the copyright, patent, trademark or trade secret rights of others.
  • May violate or infringe on the privacy or publicity rights of another, such as impersonating another person or entity without their knowledge and permission.
  • Contains any person’s credit card information, social security number, non-public phone numbers or non-public email addresses.
  • Contains unsolicited commercial messages such as spam, junk mail, pyramid schemes, chain letters or similar materials or information.
  • Violates any local, state, federal, national, or international law.
  • May contain any viruses, worms, “Trojan Horses” or other malicious code, program and/or files that may damage, destroy, or limit the operation of any computer software, hardware, or telecommunication equipment.


You may not solicit personal information from anyone under 18 years of age, and you will not solicit, collect or use the login credentials of any other Member.

You may not violate the Terms of Service or encourage or assist anyone else to violate the Terms of Service.

You agree to comply with all rules, laws, and regulations applicable to your use of the Website, Services and/or Content, including without limitation, the export laws and regulations of the U.S. Department of Commerce, the U.S. Department of Treasury or any other U.S. or foreign agency or authority

You are prohibited from making any attempt to override or bypass any security components, usage guidelines, and regulations. Any unauthorized reproduction, distribution, or presentation of any information or materials supplied by Zooba is prohibited.

If, during any virtual party, any Host and/or Attendee violates one or more restrictions listed above, it is your responsibility to advise the Host and/or Attendee of their violation and to remove the Content in its entirety as quickly as possible, and inform them that no further violations shall occur. If there are any further violations, it is your responsibility to remove that Host and/or Attendee from the Zooba platform, or you shall assume full responsibility for that person’s conduct.

You understand and acknowledge that Zooba may, in its sole discretion, immediately issue a warning, temporarily or permanently suspend, or terminate your access to the Services and your Account if you fail to comply with any term or condition of the Terms of Service Agreement.

INTELLECTUAL PROPERTY AND PROPRIETARY RIGHT

You understand and agree that the website, virtual platform, design and all content created and provided by Zooba are the Intellectual Property of and Proprietary Rights owned exclusively by Zooba. Zooba owns and retains, solely and exclusively, all rights, title and interest in and to the website, including, but not limited to, all intellectual property and proprietary rights therein.

You acknowledge and understand that Zooba grants you non-transferable, non-exclusive rights to utilize the Services. You may not duplicate, plagiarize work from, or otherwise make any attempt to locate or discern any source code of the Services. You further acknowledge and agree not to modify or change the Services in any manner, nature, or form, and as such, to not use any modified versions.

You acknowledge that this Agreement does not grant you any Intellectual Property rights. Except for rights expressly granted, nothing in this agreement will function to transfer Zooba’s Intellectual Property rights, and Zooba will retain exclusive interest in and ownership of its Intellectual Property developed. You will take all reasonable measures to protect Zooba’s Proprietary Rights in the Services provided to you.

You understand and agree that the Services are confidential and trade secret information of Zooba. You agree that you shall not disclose any such confidential information to any third party.

In the event that you contribute or submit any ideas, documents, suggestions, or information with reference to ideas for new or improved services or features, you agree that Zooba will not be liable or under any obligation to ensure confidentiality, and the contributions will become the sole property of Zooba without any compensation or credit to you whatsoever.

TRADEMARK

You acknowledge and agree that all Zooba trademark, trade name, and other Zooba logos and brand features are the sole property of Zooba. You agree not to display and/or use the Zooba trademark and/or logos in any manner without obtaining prior written consent from Zooba

INJUNCTIVE RELIEF

You acknowledge that in the event of a breach of the Terms of Services herein, that any breach may cause irreparable injury and damage to Zooba. You understand and agree that Zooba will be entitled to injunctive relief in the event of any breach by you, without any requirement to post a bond or prove any actual damages to you (and without waiving any additional rights or remedies, including monetary damages, otherwise available to us at law, in equity or by statute).

INDEMNIFICATION & NOTIFICATION

Indemnification. Each party hereby agrees to indemnify, defend, and hold the other party harmless from any and all claims, demands, costs, liabilities, losses, expenses and damages (including reasonable attorneys' fees, costs, and expert witnesses' fees) arising out of or in connection with any claim that, taking the claimant's allegations to be true, would result in a breach by the indemnifying party of any of its warranties and covenants set forth herein.

Notification of Claim. You will promptly notify Zooba in writing of any third-party claim arising out of or in connection with your access to or use of the Services.

DISCLAIMER AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, THAT THE WEBSITE AND SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER ORAL, EXPRESSED, IMPLIED OR STATUTORY. YOU UNDERSTAND THAT USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL ZOOBA BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS’) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE USE, RELIANCE ON, OR INABILITY TO USE THE ZOOBA WEBSITE, INCLUDING (WITHOUT LIMITATION) TO:

  • DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS;
  • ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR
  • ANY LOSS ATTRIBUTABLE TO INCOMPLETENESS, ERRORS, OMISSIONS, SECURITY, VIRUSES, BUGS, OTHER INACCURACIES OR INTERRUPTIONS IN THE OPERATION OF THE SERVICES IN THE ZOOBA WEBSITE. THE EXCLUSION OF LIABILITY IN THIS SECTION APPLIES EVEN IF ZOOBA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

ZOOBA MAKES NO WARRANTY THAT ANY DATA OR INFORMATION RECEIVED ON OR THROUGH THE SERVICES WILL BE FREE OF INFECTION OF BUGS, VIRUSES, TROJAN HORSES, WORMS OR ANYTHING ELSE MANIFESTING CONTAMINATION OR DESTRUCTIVE PROPERTIES. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED

NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY THAT ZOOBA SHALL INCUR SHALL BE LIMITED TO THE ACTUAL PRICE PAID FOR THE ONE (1) MONTH PERIOD PRIOR TO THE DATE WHEN ANY APPLICABLE CLAIM AROSE.

GOVERNING LAW AND EXCLUSIVE JURISDICTION

This Agreement will be governed, construed and enforced in accordance with the laws of the State of Florida without regard for its conflict of law rules, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws. The parties hereby consent to the exclusive jurisdiction and venue of Palm Beach County, Florida for the resolution of any disputes hereunder.

In any action to enforce this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs. Any cause of action that arises with respect to the Website or Services must be commenced within one (1) year after the claim or cause of action arises.

SEVERABILITY AND NON-WAIVER

Any provision of this agreement (or portion thereof) which is deemed invalid, illegal or unenforceable shall be ineffective to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions thereof or rendering that or any other provisions of this Agreement invalid, illegal, or unenforceable.

CONTACT US

Should you have any questions or concerns about these Terms of Service, please do not hesitate to contact us by email to
[email protected]

YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT BY CLICKING ON “JOIN NOW”, YOU WILL BE REQUIRED TO ENTER YOUR INFORMATION AND PAYMENT IN ORDER TO ESTABLISH A MEMBERSHIP ACCOUNT WITH ZOOBA AND GAIN ACCESS TO ZOOBA SERVICES, AND YOU EXPRESSLY CONSENT TO BE BOUND BY THIS ZOOBA TERMS OF SERVICE AGREEMENT.