Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.zdoof.com website and the zDOOF mobile application (collectively or individually, the "Service") operated by zDOOF, Inc. (referred to herein as “zDOOF”, "us", "we", or "our" or similar words unless repugnant to the context in which such a word appears) irrespective of whether such words are capitalized. Words such as “you”, “your”, “yours”, “user”, or such similar words appearing in these Terms (whether capitalized or otherwise), shall refer to you as the individual unless otherwise repugnant to the context in which a term appears.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and all others, who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms or do not wish or intend to comply with them, you do not have permission to use the Service, and you should not try to gain access to the Service.


Communication

By creating an account using our Service, you will be deemed to have agreed to have subscribed to our newsletters, marketing or promotional materials and other information. However, you may opt out of receiving any, or all, of such communication from us by following the unsubscribe link or instructions provided in any email we send.


Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your credit card number, the expiration date of your credit card, the cvv or security number, your billing address, your shipping information, and such other information as may be required to ensure proper service and shipment of product.

You represent and warrant that: (i) you are of legal age to enter into a transaction with us; (ii) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (iii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or to cancel your order at any time for any reason including: product or service availability, errors in the description or price of the product or service, other error in your order , if we suspect that a fraudulent, unauthorized, or unlawful transaction is being attempted or is in process, or on other grounds outside our control.


Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service, and we strive to provide only correct and current information. However, all users are made aware of the possibility that despite our best intention, there may be delay in updating or providing accurate information in terms of product or service description, delivery schedule, pricing, or other information, As such, information about our Service and/or products is not guaranteed to be complete, accurate, or current, and may contain errors. We reserve full right to modify any information about our Service and/or products at any time with or without notice.


Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these. If you participate in any Promotions, you are urged to please review the applicable rules because those rules will govern. You are encouraged to review our Privacy Policy as well. If the rules for Promotions conflict with these Terms, the Promotions rules will apply.


Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (collectively "Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided under these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on any right, including a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for any Content you or any third party posts on or through the Service. Notwithstanding, by posting Content using the Service you grant us an irrevocable, perpetual, transferable, royalty-free, worldwide right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content (or any part of the Content), on and through the Service, or through any other medium or third-party. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

zDOOF has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service (not belonging to you) is the property of zDOOF, Inc. or is licensed to zDOOF, or used with permission. You may not distribute, modify (by deletion), transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express prior written authorization from us.


Accounts

When you create an account with us, you warrant that you are above the age of 18 years, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the suspension or immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur in or through your account and/or use of password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any suspected or actual breach- of security or any unauthorized use of your account.

You may not use as a username the name of another person or entity, or a name that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate prior written authorization. You may be required to furnish to us written evidence of any such authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Notwithstanding any other provision or rights that you or anyone else may have under these Terms or elsewhere, we also have the exclusive right to remove any Content, or any part of Content, if we deem it inappropriate for whatever reason whatsoever, in our sole absolute discretion. We reserve the right to refuse service, terminate accounts, remove, or cancel orders in our sole discretion.


Copyright Policy

We respect the intellectual property rights of others and take serious view of any infringement of intellectual rights. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or are authorized to use (including display) such owner’s Content on or through the Service, and you believe that your Content has been copied in a way that constitutes Infringement, please submit your claim via email to [email protected], with the subject line: "Infringement". You should include in your claim a detailed description of the alleged Infringement as outlined below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for actual infringement, misrepresentation or bad-faith claims of copyright infringement of any Content found on and/or through the Service- that appears in your account and/or that you have posted, directly or indirectly.


DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a claim pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person owning the copyright, or a person authorized to act on behalf of the owner of the copyright;
  • a description of the copyrighted work that you claim has been infringed and the reason(s) as to why you believe there is infringement. You should, include the URL (i.e., web page address) of the location where the copyrighted work exists, or otherwise include a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the alleged infringing material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, by its agent, or by law;
  • a statement by you, made under penalty of perjury of federal laws of the United States and of the State in which you are located, that the above information in your notice is accurate and that you are the copyright owner or are otherwise authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at [email protected]


Intellectual Property

The Service and its original content, as amended from time to time, with or without notice (excluding Content provided by users), features and functionality are and will remain the exclusive property of zDOOF. and/or its licensors. The Service is protected by copyright, trademark, and other federal laws, State and local laws of the United States, and the laws of foreign countries in which the Service is available. Our trademarks, trade dress, or any other zDOOF intellectual property rights may not be used in connection with any product or service without the prior written consent of zDOOF.


Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by zDOOF As such,

zDOOF assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We take no stand as to the propriety, appropriateness, or the safety of any third party, or of any third-party website or service. Nor do we endorse the offerings of any of these entities/individuals or of their websites.

You acknowledge and agree that zDOOF shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or allegedly caused by or in connection with use or reliance on any content, goods or services available on or through any such third party web sites or services even if used in conjunction with the Service.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit before any use.


Termination

We may terminate or suspend your account, and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you should may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Indemnification

You agree to defend, indemnify and hold harmless zDOOF its licensee(s), and its licensors(s), and each of their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your access and use of our website and/or the Service, including by any person using your account and password; (b) a breach of the Terms, or (c) Content posted on the Service.


Limitation of Liability

In no event shall zDOOF or any one or more of its directors, employees, partners, agents, representatives, suppliers, subsidiaries, or affiliates, be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access or inability to access our website, or the use or non-use the Service; (ii)your conduct or the conduct of any conduct or content of any third-party; (iii) your content as placed on the Service by you or on your behalf; (iv) the content of any third party placed on the Service; (v) any content obtained from the Service; and (vi) any unauthorized access, use, or alteration of your transmissions or Content, or the transmissions or Content of any third party; (vii) any other zDOOF act or omission, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed in its essential purpose.


Disclaimer

Your access if our website and/or use of the Service is at your sole risk. Access to our website and the Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

zDOOF, its subsidiaries, affiliates, its licensors, or its licensees, do not in any manner represent or warrant that the Service (a) will function uninterrupted, in a secure manner, or that it will be available at any particular time or location; (b)will be free of all errors, defects, or bugs, or that any errors or defects will be corrected; (c) is free of viruses or other harmful components; or (d) will be to your satisfaction or will meet your requirements.


Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a continuing waiver of that one or more rights, and such right(s) may be enforced at any later time. If any provision of these Terms is held to be invalid or unenforceable by a competent court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.The Terms may not be modified except until such time that zDOOF modifies the Terms on the website, in its sole absolute discretion. All disputes shall be subject to binding arbitration without recourse to a jury or court trial, and all legal proceedings shall be held in Santa Clara County, California.


Modifications

We reserve the right, at our sole discretion, to modify or replace these Terms at any time, with or without notice. If we believe that a revision is material we will provide at least 15 days notice prior to any new terms taking effect. Such notice will be published on our website and each user is encouraged to periodically check our website for any notice or any changes to the Terms. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you be considered to have agreed to be bound by the Terms, as amended from time to time. If you do not agree to the new terms, you are no longer authorized to use the Service.


Contact Us

If you have any questions about these Terms, please contact us.