TERMS & PRIVACY
There is no age limitation for using the Zoomerang application.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the App for your personal, private, non commercial use, and only in accordance with the features of the App as it is marketed by ZOOMERANG INC. ZOOMERANG INC reserves all rights not expressly granted herein in the App and the ZOOMERANG INC IP (as defined below). ZOOMERANG INC may terminate or suspend this license at any time for any reason or no reason.
You may not use the App for commercial purposes. It is forbidden for any third parties to use any content from the App for commercial purposes as well.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the App in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the App in a manner that sends more request messages to the servers used by App than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the App; (vii) collecting or harvesting any personally identifiable information, including account names, from the App; (viii) using the App for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the App; (xi) accessing any content on the App through any technology or means other than those capabilities provided by the App; or (xii) bypassing the measures we may use to prevent or restrict access to the App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.
We may, without prior notice, change the App, stop providing the App or features of the App, to you or to Users generally, or create usage limits for the App. We may permanently or temporarily terminate or suspend your access to the App, or delete any User Content (as defined below), without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your conduct and any data, text, files, information, images, photos, audio and video clips, sound recordings, musical works, narration, works of authorship, links and other content or materials that you submit, post or display on or via our App. ZOOMERANG INC shall have no liability for conduct in relation to your use of our App.
You accept and acknowledge that ZOOMERANG INC is not responsible for User Content which is shared through the app or the use of the services and that it cannot be assumed that ZOOMERANG INC approves or recommend the User Content. ZOOMERANG INC is not obligated to subject the User Content through a prior screening, control, modification or erasure. If the User Content violates these terms and conditions, you are legally responsible for the possible consequences.
You acknowledge that User Content shared through the use of the app, can remain visible on the app after termination of our agreement, if it has been shared by other Users.
You agree to defend, indemnify and hold harmless ZOOMERANG INC and its subsidiaries, agents, licensors, managers, and other affiliated companies, and 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) arising from: (i) your use of and access to the App, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content, including without limitation any User Content, or any that is created, stored, shared or submitted via your account; or (vi) any other party’s access and use of the App with your unique username, password or other appropriate security code.
THE APP IS PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS. USE OF THE APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP 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, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZOOMERANG INC OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ZOOMERANG INC, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, IS IN COMPLIANCE WITH ANY APPLICABLE LEGISLATION, RELIABLE OR CORRECT; THAT THE APP WILL MEET YOUR REQUIREMENTS; THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE APP.
ZOOMERANG INC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Zoomerang APP OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ZOOMERANG INC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZOOMERANG INC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS APP. UNDER NO CIRCUMSTANCES WILL Zoomerang BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZOOMERANG INC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ZOOMERANG INC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ZOOMERANG INC PRIOR TO THE DATE ON WHICH THE RELATED DAMAGE TOOK PLACE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ZOOMERANG INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU AND ZOOMERANG INC AGREE THAT YOU AND ZOOMERANG INC MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
You agree that all of Zoomerang’s trademarks, trade names, service marks and other Zoomerang logos and brand features, and product and service names are trademarks and the property of ZOOMERANG INC (the "Zoomerang Marks"). Without prior permission, you agree not to display or use in any manner the Zoomerang Marks.
Procedure for Making Claims of Copyright Infringement
We respect intellectual property rights, including copyrights. The use of any material or content (including video or sound) is prohibited if you do not own the related intellectual property rights, or own the necessary licenses. We reserve to take down any content that violates intellectual property rights.
If you believe that your work has been copied and posted on the App in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information : (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the App of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for ZOOMERANG INC’s Copyright Agent for notice of claims of copyright infringement is as follows: [email@example.com , ZOOMERANG INC ]
ZOOMERANG INC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users.
Please report any violations of the Services to us:
Updates to this Policy
We reserve the right to modify this Policy from time to time. If we make any changes to this Policy, we will change the "Last Revision" date below and will post the updated Policy on this page.
If you live in the European Union, you confirm to have reached the legally required minimum age in your country for the processing of your personal data and that you have the approval of someone with parental authority.
Who is responsible for the processing of your personal data
ZOOMERANG INC acts as data controller for the collection and processing of your personal data. In case of in app purchases ZOOMERANG INC acts together with the payment service provider, each for its own responsibilities. For example: the payment service provider, and not ZOOMERANG INC, is responsible for the processing of your data for the financial transaction and for invoicing your in-app purchases to you.
The What & How of Information We Collect
We collect certain personal information that you voluntarily provide to us. For example, we collect your name, email address, user name, social network information and other information you provide us when you register, set up an account, contact us by e-mail or use our services. We may also obtain information from other companies and combine that with information we collect on the Zoomerang App; for example, when you link your account with Facebook, we might have access to your name.
Information about others: With your permission, Zoomerang may access your contact list available on your mobile device or in other social networks in order to share your User Content, or to invite your friends and contacts to connect with our Service. We may also collect information about others if you use our Service to upload, share and/or distribute User Content that contains information about others, including their name, image and online contact information.
Use of other technology to collect information:
When you access the Zoomerang App by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device ("Device ID”), mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
Purposes of data processing. How We Use Your Personal Information
We use personal information collected through the Zoomerang App:
to communicate with you or third parties, including payment service providers;;
to process your requests and transactions;
to improve the Zoomerang App and to share with you any updates, upgrades and notices concerning the Zoomerang App;
to customize the services and/or products we provide to you;
to assist with our product and service development;
to assist with our product and service development;
to make statistical and other analysis about the use of our services;
to attempt to detect abnormal use or fraud;
to take the appropriate technical and organisational security measures in order to protect your personal data;
to comply with legitimate requests or orders from competent public authorities and courts, including data protection authorities;
For Users in the European Union: legal grounds for processing of your personal data
For the purposes described above under point a,b,c,d ZOOMERANG INC invokes the necessity of the data processing for the execution of the contract with you.
For the purposes described above under point e,f,g ZOOMERANG INC invokes its legitimate interest.
For the purposes described above under point h and i ZOOMERANG INC invokes its legal obligations (including art. 32 GDPR, security of processing personal data).
Sharing Your Personal Information
Personal information (and non-personal information) collected through the Zoomerang App may be shared with companies and organizations that perform services on our behalf (for example, companies that provide data management or other support services to us such as data storage and Web hosting services). We may share your personal information (and non-personal information) with third parties to serve you relevant advertising and market our products.
We may also share your personal information with:
Other companies owned by or under common ownership as Zoomerang, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy;
Third party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving targeted advertisements, content or service fulfillment, or providing analytics services;
Our business partners who offer a service to you jointly with us, for example, when running a co-sponsored contest or promotion;
Third parties who we think may offer you products or services you may enjoy;
Third parties at your request. For example, you may have the option to share your User Content with your friends through email, SMS text, or various social media sites;
The public at your request. If you interact with our site or app on social media, for example by tagging your videos #Zoomerang on Instagram, that piece of User Content will be linked to Zoomerang on our website or social media profiles and Zoomerang may display your User Content publicly;
Other parties in connection with any company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and
We may also share information with others in an aggregated and anonymous form that does not reasonably identify you directly as an individual.
ZOOMERANG INC sends your data to the USA if and to the extent necessary for the provision of our services. The security of your personal data is regulated under the EU-US Privacy Shield (https://www.privacyshield.gov) for the recipients certified thereunder.
For Users in the European Union: data retention period. How long do we process your personal data?
Your personal data are processed for as long as necessary for the processing purposes mentioned above. ZOOMERANG INC will de-identify your personal data when these are no longer necessary for the said purposes, unless:
a legitimate intrest of ZOOMERANG INC or a third party to archive your personal data in an identifiable form prevails over your intrest to de-identify;
a legal measure, mandatory public authority measure or court order prevents such de-identification.
For California Residents and Users in the European Union: what rights do you have related to the processing of your personal data?
You have the right to:
request access to all personal data we process about you;
request that we correct any personal data we process about you that are inaccurate, incomplete or outdated.
object to the processing of your personal data if you have serious and legitimate reasons relating to your specific circumstances that justify such an objection.
request that we delete all personal data we process about you if those data are no longer necessary for the purposes for which they were collected.
withdraw your prior consent for your personal data to be processed. In this respect, you need to be aware of the fact that this request will be assessed and weighed against:
our overriding interests;
any legal or judicial decisions that oppose the erasure
request that the processing of your personal data be restricted. This is possible when:
you dispute the accuracy of the personal data;
processing is unlawful;
the personal data are no longer necessary for the purposes outlined above, but when you need the data for your defence in the context of legal proceedings;
obtain your personal data from us in a structured, commonly used and machine-readable form. If you so wish, you have the right to provide your personal data to another service provider (= right to transferability of data).
To exercise these rights, please use the relevant tools within the Zoomerang application settings. For security reasons, we will only be able to respond to your request if you confirm your request with your email address. If you want us to correct data, we ask you to clearly specify which personal data are inaccurate and to provide us with proof of why they are inaccurate.
Your right to object to the processing of your personal data for direct marketing purposes is free of charge and can be exercised without having to state grounds by clicking the "unsubscribe" link in any promotional or commercial e-mail we send you.
We will try to respond to any request in a timely manner. Please note that we are within our rights to decline your request if this is clearly intended to cause ZOOMERANG INC or our affiliated organisations harm or prejudice, e.g. by sending frequent (unfounded) requests in a short period of time. We also reserve the right to review your request for erasure against statutory or regulatory obligations that conflict with such erasure.
Links to Third Party Websites
Zoomerang App may contain links to and from third party websites of our business partners, advertisers, and social media sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information (if any) by Zoomerang to third parties for the third parties’ direct marketing purposes. To make this request, please email firstname.lastname@example.org.
If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To exercise these rights, please use the relevant tools within the Zoomerang application settings. For security reasons, we will only be able to respond to your request if you confirm your request with your email address. If you want us to correct data, we ask you to clearly specify which personal data are inaccurate and to provide us with proof of why they are inaccurate.
Last Revision Date
This Policy was last revised on, and effective as of 30 December 2019.