1 Terms of Service
Zeeko (“we” or “us”) is an online service provider that provides a set of services and technology applications, collectively known as Zeeko which enables users to upload content (text, photos) to an online account, optionally share this content with family and friends and to interact with each other via the Zeeko network.
These Terms of Service contain general terms that apply to all users of Zeeko, whether they join or browse the service. When using the Zeeko Service, you will also be subject to the Zeeko Privacy and Data Policy and additional posted guidelines, policies or rules applicable to specific services and features on the Zeeko Service, which may be posted by us from time to time. All of these Guidelines are part of this Agreement and are hereby incorporated by reference.
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using the Zeeko Service as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms “you” and “your” in this Agreement refers to your company or legal entity. By registering with us or using or browsing the Zeeko Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the service at any time.
“Content” means (i) any work of authorship in a Network, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, albums and other content added to or submitted with any of the foregoing, or any other materials posted on or transmitted through the Zeeko Service. “Your Content” is any Content that you submit to the Zeeko Service.
“Members” are users who have registered with Zeeko.
“Zeeko Technology” means the past, present and future content of the Zeeko Service, including all software in any format, hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, themes, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Zeeko Service and all other tangible or intangible materials related to, displayed, performed or distributed on the Zeeko site.
“Users” are all end users of the Zeeko Service, including Members, Third Party Application Developers, and any unregistered users or browsers.
You own all of Your Content, and other information that you upload to the Zeeko Service. We do not claim any ownership rights in Your Content. After posting Your Content, you continue to retain any ownership rights you have to Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to the Zeeko Service must comply with the terms of this Agreement. At any point, you can remove Your Content from Zeeko and cancel your account and we do not retain any license rights.
You hereby grant Zeeko, during the course of your usage of the Zeeko Service, a nonexclusive, worldwide, royalty-free, and transferable right and license to (i) use, access, store, cache, publicly perform and publicly display Your Content and Network Data (a) for the sole purpose of operating and making Your Content and Network Data available on the Zeeko Service and in all current and future media in which the Zeeko Service may now or hereafter be distributed or transmitted or (b) for our internal business purposes so that we may derive metrics and analytics relating to Your Content and Network Data; and (ii) disclose any such metrics and analytics regarding Your Content and Network Data for marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. This license will terminate at the time you remove Your Content from the Zeeko Service. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in back-up copies (but these copies will not be available to others).
You hereby agree that if Your Content is removed from the Zeeko Service due to a violation of these Terms of Service, Zeeko shall have the right to use and reproduce Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government law enforcement agencies or otherwise as required by law and to protect the rights, property or safety of Zeeko, any User or individual, or the general public.
You are solely responsible for Your Content. You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content and Network Data. You understand that whether or not Your Content is published or marked private by you, Zeeko does not guarantee any confidentiality or privacy with respect to any of Your Content or Network Data.
Additionally, you understand and agree that Your Content and Network Data that is displayed on the Zeeko Service may continue to appear on the Zeeko Service, even after you have terminated your account, as portions of Your Content may have been incorporated into the profiles of other members or other features.
In addition to the rights, licenses and privileges referred to above, you agree that Zeeko may use and refer to your Content (including screen shots), trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, press releases, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Zeeko Service, and any products, goods, features, capabilities and/or services associated with the Zeeko Service.
If a Member account is removed from the Zeeko Service, the Content associated with that Network may also be deleted at the discretion of Zeeko. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to the Zeeko Service. You should be aware that Zeeko may not keep back-up copies of Content on the Zeeko Service once the Content is deleted. Additionally, Zeeko makes no guarantee, either during or after the term of this Agreement that Your Content will be safely stored on the Zeeko Service and you should independently back-up and archive Your Content.
LICENSE TO ZEEKO SERVICE
During and subject to the terms and conditions of this Agreement, Zeeko hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable license to access and use the Zeeko Service solely to enable your use of the Zeeko Service. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Network Code.
You agree that, as between you and Zeeko, all the intellectual property rights in the Zeeko Technology are owned by Zeeko or its licensors.
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
- Run, rent, lease, loan, or sell access to the Zeeko Service or the Zeeko Technology.
- Decompile or reverse engineer or attempt to access the source code of the software underlying the Zeeko Service or Zeeko Technology.
- Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Zeeko Technology.
- Access the Zeeko Service to build a product using similar ideas, features, functions, interface or graphics of the Zeeko Service.
- Access (or attempt to access) any service on the Zeeko Service by any means other than as permitted in these Terms of Service.
- Circumvent, disable or otherwise interfere with security related features of the Zeeko Service or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Zeeko Service or the Content and Third Party Content therein.
- Access the Zeeko Service to upload Your Code or Your Content to cause a breach of security to the Zeeko Service or any Network or interfere with the proper working of the Zeeko Service or prevent others from using the Zeeko Service.
- Delete the copyright and other proprietary rights notices on the Zeeko Service.
Zeeko trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Zeeko Service are the trademarks of Zeeko and may not be used without permission. Zeeko is not granting you a license under any intellectual property right to such materials. Other trademarks, logos, and trade names that may appear on the Zeeko Service are the property of their respective owners.
You agree that, as between you and Zeeko, Zeeko owns all right, title and interest, including, all intellectual property rights, in and to the Zeeko Technology. Any rights not expressly granted herein, are reserved to Zeeko. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Zeeko Service. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Zeeko Service, including notices on any Zeeko Technology you download, transmit, display, print or reproduce from or using the Zeeko Service.
YOU AGREE THAT ZEEKO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE ZEEKO NETWORK.
You represent and warrant to Zeeko that: (a) you will comply with all applicable local, national and international laws, rules, and regulations in connection with your use of the Zeeko Service including your promotional or other activities on or off the Zeeko Service that relate to your use of the Zeeko Service; (b) you have the right to grant to Zeeko the rights granted herein and you own or have all necessary rights, title and interest in and to Your Content (c) Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Content, contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the Zeeko Service, or intercept or expropriate any system data or personal information from the Zeeko Service.
You are solely responsible for your conduct and Your Content on the Zeeko Service. We want to keep the Zeeko Service safe for everyone and the use of the Zeeko Service for unlawful or harmful activities is not allowed. In defining “safe” you specifically agree that:
You will not post, email or make available any Content to Users or use the Zeeko Service:
- In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
- In a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- To engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Zeeko Service in connection with your membership;
- In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- In a manner that is libellous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
- In a manner that is harmful to minors in any way;
- In a manner that is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Zeeko;
- To impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Network or the Zeeko Service without authorization;
- To interfere or attempt to interfere with the proper working of the Zeeko Service or prevent others from using the Zeeko Service, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Zeeko Service, or that otherwise negatively affects other persons’ ability to use the Zeeko Service;
- To use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy the Zeeko Service or the content contained therein;
- To facilitate the unlawful distribution of copyrighted content;
- In a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Zeeko Service or to Users; and
Additionally, you agree NOT to:
- “Stalk” or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the Zeeko Service or to proxy authentication credentials for any Member of the Zeeko Service for the purposes of automating logins to the Zeeko Service;
- Post any Content containing child pornography to the Zeeko Service. Zeeko will report any suspected instances of child pornography, including reporting any personal data, to law enforcement authorities.
- Post any Content that Zeeko, in its absolute discretion, determines constitutes pornography, contains nudity, or is adult in nature.
- Post any Content that Zeeko, in its absolute discretion, determines unsuitable;
- Attempt to gain unauthorized access to the Zeeko computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Zeeko Service;
You agree not to authorize or encourage any third party to use the Zeeko Service to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Zeeko in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.
Zeeko may establish general polices and limits concerning use of the Zeeko Service including, the maximum number of days that uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages, photos, videos, documents and audio files), the maximum disk space allotted to you, the maximum number of times and duration for which you may access the Zeeko Service in a given period of time, the maximum storage and bandwidth used by Your Content, and the maximum CPU power used by Your Content.
You acknowledge that Zeeko may terminate your account and remove your Content and other Network Data, as well as disable your access to any and all Networks and the Zeeko Service at any time for violations of these Terms of Service without notice and without any liability to you. In addition, you acknowledge and consent to Zeeko contacting you in order to maintain compliance with these Terms of Service.
It is Zeeko’s policy to respond to notices of alleged copyright infringement. Zeeko may remove any allegedly infringing Content without any liability to you. Zeeko reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behaviour by that User.
Zeeko reserves the right to suspend or remove any content, account, service or part of a service, in compliance with an order of a court hearing Family Law proceedings relating to any persons. Zeeko further reserves the right to suspend or remove any content, account, service or part of a service, in compliance with a voluntary arrangement with any public body having responsibility for family and child welfare, or having as its primary end the enforcement of the law or public policy. Zeeko understands that family law proceedings may occur in camera, and that discussion on Zeeko of such proceedings can constitute contempt of court. DISCUSSIONS OF IN CAMERA LEGAL PROCEEDINGS ARE STICTLY FORBIDDEN ON THE ZEEKO SERVICE. Zeeko reserves the right to suspend or remove any content, account, service or part of a service for the purposes of enforcing this term.
You need to register and create an account in order to become a member on the Zeeko Service. You are responsible for keeping your account credentials and password secure. You agree to provide Zeeko with current, complete and accurate information as prompted by the registration process. You agree to promptly update all information to keep your account on the Zeeko Service current, complete and accurate (such as noting a change in email). You will be solely responsible and liable for any activity that occurs under your account credentials. Zeeko reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time.
You may not use anyone else’s account at any time without the permission of the account holder. You should never give out your password to another individual or entity. Zeeko will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you may be held liable for losses incurred by Zeeko or another party due to someone else using your account or password.
YOUR USE OF THE ZEEKO SERVICE, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE ZEEKO SERVICE, AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE ZEEKO SERVICE, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE ZEEKO SERVICE, AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZEEKO AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. ZEEKO AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE ZEEKO SERVICE, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE ZEEKO SERVICE OR ANY NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ZEEKO SERVICE OR THE SERVER THAT MAKES THE ZEEKO SERVICE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZEEKO MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT).
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ZEEKO SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZEEKO OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE ZEEKO SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend, and hold harmless Zeeko, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable legal fees) arising out of or relating to:
- Your Content, Your Network Data or Your Art Assets;
- Your use of any Third Party Applications;
- Your use or misuse of, or connection to, the Zeeko Service or any services offered by the Zeeko Service;
- Your breach or alleged breach of this Agreement;
- Your violation of any rights (including intellectual property rights) of a third party;
- Your breach or alleged breach of any agreement or policy between you and other Users.
Zeeko reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Zeeko. Zeeko will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Member), Zeeko is under no obligation to become involved.
You release Zeeko, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users.
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ZEEKO OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ZEEKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE ZEEKO SERVICE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Zeeko reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Zeeko Service or any part thereof, including adding new features to any portion of the Zeeko Service, with or without notice. Zeeko will not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the Zeeko Service or the Zeeko Service as a whole.
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on the Zeeko Service. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Zeeko Service after posting of the changes constitutes your binding acceptance of such changes.
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of the Zeeko Service at any time and for no reason.
Zeeko has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Zeeko Service or any Network, (ii) remove and discard any Code or Content anywhere on the Zeeko Service with or without notice, and with no liability of any kind to you. If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
EFFECTS OF TERMINATING
Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Content, or Your Network Data. Zeeko will not have any obligation to assist you in migrating your data or Your Content, off of the Zeeko Service and Zeeko does not keep any back-up of any of Your Content or Your Network Data.
This Agreement shall be governed by the laws of the Republic of Ireland without regard to conflict of law principles. You agree to submit to the jurisdiction of the courts of the Republic of Ireland for the purpose of litigating all such claims or disputes.
This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that Zeeko has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
The failure of Zeeko to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Zeeko may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties’ permitted assignees, transferees and successors.
The terms “including” and “includes” shall be deemed to be followed by the statement “without limitation” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
Zeeko may provide you with notices, including those regarding changes to this Agreement or any of the Zeeko Service’s terms and conditions, by email, regular mail, or postings on the Zeeko Service. Notice will be deemed given twenty-four (24) hours after such email is sent or notice is posted.