Zipluck Terms
The following Terms of Use describe your obligations when using the Smalltowneyes website. You can also review our Privacy Policy, which describes our obligations and practices towards handling any personal information that you may provide to us.
This Website User Agreement ("Agreement") is between you ("User") and Zipluck.com LLC ("Company"). In consideration of the right to access, which may include a User identification name and password, and use the Company's website Zipluck.com ("Website"), and the information offered on the Website, User agrees to the terms and conditions of use set forth in this Agreement. This Agreement applies to the products, services and information currently offered by Company and any services, information or products that the Company may choose to offer in the future (unless stated otherwise). This Agreement may be modified by Zipluck.com from time to time, such modifications to be effective upon posting by Zipluck.com on the Website. Changes to the Agreement will take effect immediately upon being posted to the Website, and User's continued use of the Website constitutes User's acceptance thereof.
Company has the right, but not the obligation, to monitor the use of the Website and its content, and, except as otherwise provided under the Privacy Policy, may freely use and disclose any information and materials received from the User or collected through User's use of the Website to satisfy any law, regulation or government request.
Company does not attempt to review, edit, modify, regulate or control the content of any sites that are linked to the Website and that Company shall not be held responsible or liable for the accuracy, legality, decency or copyright and trademark compliance of any third party Website.
User acknowledges that transmissions to and from this Website may be read or intercepted by third parties. User acknowledges that any reliance upon any opinion, advice, statement, memorandum, information, or any other material contained in the Website or any of its links shall be at User's own risk. User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the result of the purchase or distribution of products/services from within it.
Company may change, suspend or discontinue any aspect of the Website at any time. Company may also impose limits on certain features and services or restrict User's access to parts or all of the Website without notice or liability.
LINKS TO EXTERNAL SITES
Links from the Website to external sites (including external sites that are framed by Zipluck.com) or inclusion of advertisements do not constitute an endorsement by Zipluck.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for user's reference and convenience. Users access them at their own risk. Zipluck.com does not control such sites, and is not responsible for their content. Users further acknowledge that use of any Website controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Zipluck.com's Terms of Use and Privacy Policy. Zipluck.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Website. All users hereby agree to hold Zipluck.com harmless from any liability that may result from the use of links that may appear on the Website.
INFORMATION PROVIDED BY USERS
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Website. Zipluck.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Website. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
You are solely responsible for any content that you publish or display (hereinafter, "post") on the Website, or transmit to other users of the Website. You will not post on the Website, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or unlawful material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Zipluck.com or to any other user of the Website.
You understand and agree that Zipluck.com may review and delete any Content, in each case in whole or in part, that in the sole judgment of Zipluck.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Website.
By posting Content to any public or member area of the Website you automatically grant, and you represent and warrant that you have the right to grant, to Zipluck.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Zipluck.com will not infringe or violate the rights of any third party.
Opinions, advice, statements, offers, or other information or content made available on the Website or through the Service, but not directly by Zipluck.com, are those of their respective authors. Such authors are solely responsible for such content. Zipluck.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or through the Service. Under no circumstances will Zipluck.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any user of the Website or Service.
User further commits not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. User may not take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure ( e.g., the sending of mass e-mail or junk mail, known as "Spamming"). User may not link to the Website in any manner that would bypass Company's home page. User may not "frame" the Website or any portion thereof.
PRIVACY
Zipluck.com will only use the information you provide on the Website in accordance with our Privacy Policy. For more information, see our full Privacy Policy
COPYRIGHT
The Website is protected by copyright under United States copyright laws, international conventions, and other copyright laws. The logo, slogans, and other distinctive designs are owned by Company or its licensors and are protected by the state, national, and international laws of trademark, trade dress, and unfair competition.
All information provided by User in the course of using the Website unless the source is quoted, is licensed under a Creative Commons Public Domain License.
User will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website.
Copying, otherwise reproducing, or storing of any Content by User for any use is expressly prohibited without the prior written consent of the Company or the copyright holder identified in the Content's copyright notice.
COPYRIGHT COMPLAINTS
If you believe any materials accessible on or from Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Zipluck.com's copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
To report a copyright issue use the contact link provided below.
In an effort to protect the rights of copyright owners, Zipluck.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Website who are repeat infringers.
DISCLAIMERS
Company does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website.
Further, by using the Website and the products and/or services Company offers, User may have access to third parties and other websites. Access to such parties and websites does not constitute an endorsement by Company or any of its subsidiaries or affiliates of third parties, or the resources, products or services offered by them.
Company makes no guarantees or warranties of any kind as to such third parties or their products or services, or any information found on the Internet that User may access through use of the Website.
NO GUARANTEE OF SECURITY OR CONFIDENTIALITY
Company makes reasonable efforts to store and safeguard the data User submits but does not and cannot guarantee that the data will be secure or confidential, or that User submissions to or use of the Website will not become known to your employer or any other third party. Use of the Internet and the Website is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Company has endeavored to create a reliable Website, User should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other global communication network cannot be guaranteed. Moreover, User understands that the technical processing and transmission of the Website may involve transmission over various networks that are not owned, controlled, or operated by Company. Accordingly, Company does not guarantee the security, completeness, or accuracy of any information transmitted via the Internet and assumes no responsibility for the deletion of or failure to store or secure any information submitted by User. User must promptly notify Company of any breach of security related to the Website of which User become aware. To help ensure the security of your password or account, User should sign out from your account or close your browser at the end of each session.
DISCLAIMER OF WARRANTY
The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available". Zipluck.com DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, TORTIOUS OR INFRINGING CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH ANY OF COMPANY'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
THE WEBSITE MAY CONTAIN LINKS AND POINTERS TO THIRD PARTIES, AND/OR SPONSORS OF THE WEBSITE. LINKS TO AND FROM THE WEBSITE TO THIRD PARTY SITES DO NOT CONSTITUTE AN ENDORSEMENT BY COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OR RELATED ENTITIES OF ANY THIRD PARTY RESOURCES, OR THEIR CONTENTS.
ADVICE OR INFORMATION OBTAINED BY A USER, EITHER ORALLY OR IN WRITING, FROM THE WEBSITE OR SOME SERVICE OFFERED ON THE WEBSITE SHALL NOT CREATE ANY WARRANTY OF ANY KIND, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION ON LIABILITY
In no event will Zipluck.com be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website, any information received from the Website, any email distributed to any user or any linked web Website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Zipluck.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Zipluck.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances will Zipluck.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Zipluck.com EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Zipluck.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Zipluck.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
INDEMNIFICATION.
Users of the Website agree to indemnify, defend and hold harmless Zipluck.com, its directors, officers, employees, agents, investors, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by Zipluck.com and Affiliates arising out of or relating to User's use of the Website or any alleged breach of this Agreement by User.
Users further agree that they will cooperate as reasonably required in the defense of such claims. Zipluck.com and Affiliates reserve the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Zipluck.com. Users further agree to hold harmless Zipluck.com and Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Website.
BREACH
Any violation of the terms of this Agreement constitutes a breach. Company may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User's right to access the Website if User breaches this Agreement or if the Company is unable to verify or authenticate any information User has provided. Company's failure to act with respect to a breach by User or others does not constitute a waiver of Company's right to act with respect to subsequent or similar breaches. Without limiting any other rights Company has, User understands and acknowledges that Company, in its sole discretion, may pursue legal and/or equitable relief against User if User breaches or threatens to breach this Agreement.
JURISDICTION AND CHOICE OF LAW
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Florida.
MISCELLANEOUS.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Splashup, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.