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Terms of Service

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ZloViewer Terms of Use

Effective as of January 1st, 2020

1. General Information Regarding These Terms of Use

Master terms: Welcome, and thank you for your interest in ZloViewer. Throughtout this document we will refer to "ZloViewer" as "we," "our," "us" and that shall expressly include ZloViewer, Zlo7, LLC d/b/a ZloViewer, Zlo7, LLC and Zlo7, LLC's members/ownership, as well as sibling, subsidiary and parent organizations. Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that ZloViewer. These include but are not limited to https://zloviewer.com, https://zlov.pw, and https://zlo7.com, together with all other subdomains thereof, (collectively, the “Websites”). The Master Terms also apply to all products, information, and services provided through the Websites.

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and ZloViewer in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”

Human-readable summary of Sec 1: These terms, together with any special terms for particular websites, create a contract between you and ZloViewer. The contract governs your use of all websites operated by ZloViewer, unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

2. Your Agreement to the Terms

BY LOGGING IN, CREATING AN ACCOUNT, ACCCESSING OR USING ANY OF THE SERVICES OR PRODUCTS PROVIDED BY ZLOVIEWER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS.

By logging in, creating an account, accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

Human-readable summary of Sec 2: Please read these terms and only use our sites and services if you agree to them.

3. Changes to the Terms

From time to time, ZloViewer may change, remove, or add to the Terms, and reserves the right to do so at its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s) and notify those of you with a current ZloViewer account via email if you have "ZloViewer Announcements" enabled in your communication settings. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Human-readable summary of Sec 3: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.

4. No Legal Advice

ZloViewer is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the Services, including the licenses, does not constitute legal advice or create an attorney-client relationship.

Human-readable summary of Sec 4: We aren't lawyers. Please consult your own attorney if you need legal advice.

5. Content Available through the Services

Provided as-is: You acknowledge that ZloViewer does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is ZloViewer liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.

You agree that you are solely responsible for your reuse of Content made available through the Services, including providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.

Licensing:

  • ZloViewer: ZloViewer retains and reserves the copyright to all ZloViewer original content including logos, service marks, trademarks and software unless otherwise indicated.
  • User Generated Content: The creator of such content is entitled to all rights reserved by copyright when creating that content including the resulting ZloImages. The creator can apply any license they wish to their media and that generated for them by ZloViewer with the exception that they give ZloViewer the right to utilize that media (store, transmit, modify and use at its discretion) solely for the purposes of providing its services. A creator can rescind those rights by simply deleting the media from ZloViewer.
  • As a creator, you have the ability to apply a copyright through your gallery view by accessing the 'More' menu for a particular ZloImage. You can choose to do nothing (default is "All Rights Reserved"), create a custom license or use 1 of 6 creative commons licenses. If you are utilizing someone else's work that is licensed in a manner that allows you to do so, this is where you can meet any requirements such as attribution.
  • As a consumer, unless visibly indicated otherwise, you should assume that all ZloImages and media are copyright their respective author. If they have granted any permissions an icon will show in the bottom right of the ZloImage where you can find more information.
  • See ZloImage Licensing Options, incorporated into this Terms of Service document by reference, for more information

ZloViewer does not verify the attribution and licensing information it aggregates or that is submitted to it by users. You should independently verify the information before reuse. You agree to independently verify before reuse. See Sections 9, 10, and 11 below for the full disclaimer and indemnification terms.

Human-readable summary of Sec 5: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Content on the site is licensed by its owner under their own terms. If you find content you want to reuse, you must independently verify the license terms, attribution, and other copyright information before using it.

6. Content Supplied by You

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

Licensing Your Content: You retain any copyright that you may have in Your Content. You hereby agree that you give ZloViewer the right to utilize that media (store, transmit, modify and use at its discretion) solely for the purposes of providing its services. You can rescind those rights by simply deleting the media from ZloViewer. ZloViewer prides itself on providing a service that lets the user control their media and will, to the best of its ability, attempt to protect your content in the way you have indicated.

Removal: ZloViewer may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or ZloViewer) does not impact any rights you granted in Your Content under the terms of a ZloViewer license.

Human-readable summary of Sec 6: We do not take any ownership of your content when you post it on our sites. If you post content you own, you agree it can be used by ZloViewer to provide its services. If you do not own the content or have a specific license to use it, then you should not post it unless it is in the public domain or available by law (e.g., fair use) or by a general license that permits you to use it. You are solely responsible for any content you upload to our sites.

7. Participating on ZloViewer and Community: Registered Users

By registering for an account through any of the Services, you represent and warrant that you are the legally allowed to and of the age of consent in your jurisdiction to consent to these terms. Services offered to registered users are provided subject to these Master Terms, ZloViewer Privacy Policy, and any Additional Terms specified on the relevant Website(s), all of which are hereby incorporated by reference into these Terms.

Registration: You agree to (a) only provide accurate and current information about yourself (though use of an alias or nickname in lieu of your legal name is encouraged for your "ZloViewer Name"), (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorized to do so.

No Membership in ZloViewer: Creating a ZloViewer account or using any of the related Websites or Services, does not and shall not be deemed to make you a member, shareholder or affiliate of ZloViewer for any purposes whatsoever

Termination: ZloViewer reserves the right to modify or discontinue your account at any time for any reason or no reason at all.

Human-readable summary of Sec 7: Please do not register for an account on our sites unless you are legally allowed to. ZloViewer has the right to end your account at any time. You are responsible for use of your account. And of course, please do not set up an account for someone else unless you have permission to do so. Setting up an account doesn’t make you a member of ZloViewer.

8. Prohibited Conduct

You agree not to engage in any of the following activities:

1. Violating laws and rights:

You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

2. Solicitation:

You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

3. Disruption:

You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

4. Harming others:

You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.

5. Impersonation or unauthorized access:

You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services; You may not use or attempt to use another’s account or personal information without authorization; and You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

Human-readable summary of Sec 8: Play nice. Be yourself. Don’t break the law or be disruptive.

9. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZLOVIEWER OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZLOVIEWER DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY ZLOVIEWER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZLOVIEWER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of Sec 9: ZloViewer does not make any guarantees about the sites, services, or content available on the sites.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZLOVIEWER BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF CREATIVE COMMONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZLOVIEWER IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Human-readable summary of Sec 10: ZloViewer is not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.

11. Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless ZloViewer, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your failure to verify the copyright license, attribution, and other information associated with Content resulting from your use of ZloViewer, (c) your use of any of the Services, and/or (d) the Content you make available on any of the Services.

Human-readable summary of Sec 11: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay ZloViewer for the damage it causes.

12. Privacy Policy

ZloViewer is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

Human-readable summary of Sec 12: Please read our Privacy Policy. It is part of these terms, too.

13. Trademarks

ZloViewer’s name, logos, icons, and other trademarks are the property of ZloViewer. They may be used for referential or informational purposes only and cannot be used in any manner that would suggest or imply affiliation with or endorsement by ZloViewer or for promotional purposes. If you use them in a manner that ZloViewer, at it's sole discretion, decides is not acceptable you shall upon notice remove the materials and refrain from using the materials in the same or similar manner again. If you are not certain, please contact us!

Other trademarks used on the site are the registered trademarks of their respective owners. Those marks are used for referential purposes only and are not intended to suggest or imply any affiliation with or endorsement by their respective owners.

Human-readable summary of Sec 13: If you want to use ZloViewer trademarks, use them for referential purposes only. Don't suggest endorsement or affiliation with ZloViewer. Other trademarks used on this site are not intended to suggest endorsement or affiliation with ZloViewer.

14. Copyright Complaints

ZloViewer respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.

To report allegedly infringing Content hosted on a website owned or controlled by ZloViewer, send a Notice of Infringing Materials as set out in ZloViewer’s Digital Millennium Copyright Act (“DMCA”) Notice & Takedown Procedure.

Human-readable summary of Sec 14: Please let us know if you find infringing content on our websites.

15. Termination

By ZloViewer: ZloViewer may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by ZloViewer at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services automatically upon your breach of any of the Terms.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.

Human-readable summary of Sec 15: If you violate these terms, you may no longer use our sites.

16. Legal Disputes

Legal Disputes YOU AND ZLOVIEWER AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and ZloViewer, its agents, employees, officers, directors, principals, successors, assigns, owners, subsidiaries, sibling organizations, parent organizations or affiliates (collectively for purposes of this section, 'ZloViewer') arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days advanced written notice of its intent to file for arbitration. ZloViewer will provide such notice by e-mail to your e-mail address on file with ZloViewer and you must provide such notice by e-mail to legal {at sign} zloviewer.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or ZloViewer and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and ZloViewer, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. ZloViewer and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither ZloViewer nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of Florida.

Human-readable summary of Sec 16: If any disputes between ZloViewer and you arise, both parties agree to binding arbitration.

17. Miscellaneous

Choice of law: The Terms are governed by and construed by the laws of the State of Florida in the United States, not including its choice of law rules.

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and ZloViewer as a result of the Terms or from your use of any of the Services.

Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and ZloViewer relating to this subject matter and supersede any and all prior communications and/or agreements between you and ZloViewer relating to access and use of the Services.

Human-readable summary of Sec 17: If any of these terms are deemed invalid, the rest shall still apply. We are glad you use our sites, but this agreement does not mean we are partners.