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Terms of Service Agreement Zoom-Zoom has a number of regulations by which its members are expected to abide. Please familiarize yourself with our Terms of Service policy before you open your Zoom-Zoom account. Check the checkbox in the "Terms of Service" section by clicking in it only if you understand and agree to observe our rules. If you attempt to submit this form without checking this box, you will be returned to the form and prompted to check it. Terms of Service Zoom-Zoom is the owner and operator of Zoom-Zoom.com, an online photo sharing community. Registered members of Zoom-Zoom can create online albums and upload graphic files to these albums. Modifications Zoom-Zoom reserves the right to modify any part of this Agreement at any time in its sole discretion, this includes but is not limited to the graphic file storage term, and any Zoom-Zoom functionality. Any modification is effective immediately upon posting on this page. If any modification to this Agreement is unacceptable to you, you may immediately terminate the Services by closing your account. However, if you do not terminate the Services, or continue to use the Services following modification to this Agreement, your continued use will mean that you have accepted that modification. We will notify about any changes in the Zoom-Zoom Blog. Acceptable Use Your use of the services provided by Zoom-Zoom is subject to the following agreement. Violations of this agreement may result in termination of your account with or without notice. Zoom-Zoom recommends that members maintain their own backups of any 'irreplaceable' content, as Zoom-Zoom cannot warrant that no loss or corruption of data shall occur. Professional Membership If you upgrade your current account to Professional Account, you warrant that all the information that you submit is true and accurate. Contact us if you have any questions. Your membership is personal to you and the members of your household, and you can not transfer or give your login and password to others. Professional Membership fees are non-refundable and we do not refund charges for unused services. Prohibited Use You may not use Zoom-Zoom (1) in any manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party, (2) in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, (3) to threaten, harass, abuse or intimidate others, (4) to damage the name or reputation of Zoom-Zoom, Zoom-Zoom, its affiliates, or subsidiaries, (5) to break security on any computer network, or to access an account that does not belong to you, and (6) in any manner that interferes with other customers' use and enjoyment of the services provided by Zoom-Zoom. Prohibited Content As used herein, "content" shall mean all text, graphics (including avatars), photographs, pictures, drawings, animation, audio, video, and any other material submitted, posted, viewed, transmitted, reproduced and/or distributed by any person or entity in connection with Zoom-Zoom. You are prohibited from storing, posting, distributing or transmitting any unlawful content at Zoom-Zoom. Examples of unlawful content include but are not limited to direct threats of physical harm, stalking, any kind of pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. As used herein, "pornography" shall mean any explicit depiction or exhibition of sexual activity and/or sexual imagery that is intended to stimulate erotic, rather than PURELY aesthetic or emotional feelings. Other prohibited content includes but is not limited to: (1) programs containing Trojan horses, virus and/or tools to compromise the security of Zoom-Zoom and/or other sites, (2) solicitations or advertisements, (3) suggestions or encouragement of illegal activity, (4) private information about any individual such as phone numbers, addresses, Social Security numbers or any other private information, and (5) duplicative posting or "spamming". Please note, that you can not upload images for which you don't have copyrights. Membership Membership is available to anyone who provides all required information including your name, and an accurate and legitimate email address. The Member will then be able to create one or more albums by uploading their digital graphic files to Zoom-Zoom. Sales Taxes Zoom-Zoom.com shall automatically charge applicable sales tax for orders to be delivered to addresses within New York. Zoom-Zoom may terminate any membership and delete any and all information, communications, postings, albums and image files at any time, without notice, for conduct violating this Agreement or other policies or guidelines set forth by Zoom-Zoom. and elsewhere on the Zoom-Zoom web site. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Zoom-Zoom and Zoom-Zoom BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE Zoom-Zoom.COM, ANY OF Zoom-Zoom.COM'S CONTENT, SERVICES, PRODUCTS AND/OR ANY RELATED SOFTWARE, EVEN IF Zoom-Zoom.COM OR AN AUTHORIZED Zoom-Zoom.COM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Zoom-Zoom.COM'S and Zoom-Zoom 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE FOTKI.COM WEB SITE. Privacy Zoom-Zoom and Zoom-Zoom will not release any details regarding the member to any third party, except as required by law. Zoom-Zoom and Zoom-Zoom understand and respect your desire for privacy. Zoom-Zoom and Zoom-Zoom will not disclose any content posted by you unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with a legal process served on Zoom-Zoom, (2) protect and defend the rights of Zoom-Zoom and Zoom-Zoom, or (3) act in an emergency to protect the personal safety of our guests or the public. Copyright and Trademark It is the obligation of the individual members to ensure that the posting of their photos is not violating any copyright. Members are solely responsible for the content of their photo albums. If you feel a member is violating your copyright, please contact that member. Zoom-Zoom claim no ownership rights in the content you place on your Zoom-Zoom albums. We will not use Member's images for marketing purposes or any other purposes without obtaining the Member's express permission. Zoom-Zoom is a registered trademark, and other Zoom-Zoom.COM and Zoom-Zoom product names, service names, slogans or logos referenced in this web site are trademarks or registered trademarks of Zoom-Zoom. All other company, product or service names referenced in this web site are used for identification purposes only and are trademarks of their respective owners. All images, text and any other content on this site are protected by copyright, trademark, patent or other proprietary rights and laws. Zoom-Zoom and Zoom-Zoom reserves its rights in and to all other content contained in the web site. Unless otherwise noted, all content, other than that contained in the Member's photo album, is copyrighted by Zoom-Zoom: © Zoom-Zoom All Rights Reserved.