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iZoca.com Terms of Use Agreement

iZoca, Inc. (the “Company”) operates iZoca.com, an online social networking, grouping and organizational tool allowing people, businesses, organizations, and other entities to network with one another and organize events and information (the “Service”).

This Terms of Use Agreement (the “Agreement”) sets forth the legally binding provisions relating to your use of the Service. This Agreement applies whether you are a registered user of the Service or are visiting the site as an unregistered visitor.

This Agreement is accepted upon your use of the Service. The Company reserves the right to modify, change, or alter the terms of this Agreement within its sole discretion at any time, with or without notice. All modifications, changes, and alterations will be posted to this page. Therefore, it is important for you to review this Agreement on a regular basis. If at any time, you do not agree to any provision within this Agreement, you should immediately cease your use of the Service and terminate your account at [URL], if you have one. Your continued use of the Service after any change, alteration, or modification has been made to this Agreement indicates your acceptance of the changed, altered, or modified Agreement.

Eligibility; Registration

Use of, and registration for, the Service is void where prohibited. By using the service, you represent and warrant that:

  1. you are at least 13 years of age or older;
  2. all personal identifying information you submit is true, current, accurate, and complete, and that you will update your information promptly if any of that information changes during the duration of your use of the Service;
  3. your use of the Service does not violate any law or regulation;
  4. you will maintain the secrecy and security of your password;
  5. you will be fully responsible for any conduct occurring under your username and/or account.

If the Company believes that you have misrepresented any of the above, the Company may terminate your account without notice.

Proprietary Rights in Site Content; Limited License

By submitting, posting, or displaying, any materials (“User Content”) on or through the Service, You hereby grant to the Company a non-exclusive, fully paid, royalty free, sublicensable, and world-wide license to use, modify, copy, publicly display, publicly perform, reproduce and distribute such User Content through the Service for any purpose, including but not limited to commercial, promotional, or advertising purposes for the benefit of the Company. You may terminate this license by removing the materials from the Service or terminating your account. You agree and acknowledge, however, that the Company may retain archived copies of Your User Content. You represent and warrant that (a) You own the User Content you post, or otherwise have the authority to grant the license to the User Content contained herein; (b) the User Content does not violate or infringe on any third party’s rights to privacy, publicity, contract, intellectual property, or other proprietary rights; and (c) the User Content is not defamatory libelous, or otherwise illegal. The Company. does not claim any ownership to your User Content, except as set forth in the license herein above.

Trademarks

IZOCA, IZOCA.COM, ORGANIZE YOUR LIFE, CONNECT YOUR WORLD, the Globe design, and other Company designs, slogans, graphics, and symbols are trademarks, service marks, and/or trade dress belonging exclusively to the Company. You may not use, copy, or modify such trademarks, service marks, and trade dress for use in a confusingly similar manner without first obtaining the written consent of the Company.

Copyrights and Other Third Party Intellectual Property

You may not use the Service to violate any third party’s intellectual property rights, including patent, trademark, copyright, trade secret, publicity, privacy, contract, or other proprietary rights. You represent and warrant that you will not post, display, upload, share, reproduce, transmit, or otherwise use any information, photographs, audio files, video files, data, documents, and any other materials, on or through the Service, which violates or infringes any intellectual property or proprietary rights of a third party.

In accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c), if you believe that your work has been posted, modified, distributed, reproduced or otherwise copied on or through the Service in a way that constitutes copyright infringement, for the Company to remove or disable the material, please send a Notification to the Company’s Copyright Agent, which includes the following information:

  1. Your physical or electronic signature, or that of a person authorized to act on behalf of the owner of a copyrighted work, which is alleged to be infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notification, a representative list of such works.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
  4. Information reasonably sufficient to permit the Company to contact You, such as an address, telephone number, and, if available, an email address.
  5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the Notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of the copyrighted work, which is alleged to be infringed.

The Notice should be sent either by email to: info@iZoca.com with “Attn: Notification to Copyright Agent” in the subject line, or by mail to:

Copyright Agent

Attn: Notification

iZoca, Inc.

PO Box 154

Latham, NY 12110

In accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(g), if You believe that any material you have posted to the Service has been mistakenly removed or disabled, or that the material does not, in fact, violate or infringe the copyright rights of another, please send a written Counter-Notification to the Company’s Copyright Agent, which includes the following information:

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number.
  5. A statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if Your address is outside of the United States, for any judicial district in which the service provider may be found, and that You will accept service of process from the person who provided the Notice of copyright infringement or an agent of such person.

The Counter-Notification should be sent either by email to: info@iZoca.com with “Attn: Counter-Notification to Copyright Agent” in the subject line, or by mail to:

Copyright Agent

Attn: Counter Notification

iZoca, Inc.

PO Box 154

Latham, NY 12110

Please note that the above procedures are regulated by statute. Sending a Notice or Counter-Notice to the Company, when such allegation is in bad faith or otherwise false, can cause you to be liable for damages, attorneys fees, costs, and can be perjury. Speaking to an attorney before you send a Notice or Counter-Notice may help you understand your rights.

User Conduct

You agree to abide by all applicable local, state, national, and international laws and regulations. By way of example, and not as a limitation, you agree to refrain from uploading, publishing, transmitting, emailing, storing, posting, disseminating, distributing, or otherwise making available User Content that:

  • is patently offensive, defamatory, obscene, illegal, pornographic, profane, inflammatory, intimidating, harassing, vulgar, fraudulent, infringing, inappropriate, false, misleading, libelous, or promotes illegal activities;
  • could harm, disable, overburden, or impair the site;
  • infringes a third party’s patent, trademark, copyright, trade secret, contract, privacy, publicity, or other proprietary rights; and
  • contains software viruses, or similar programs or code, which cause loss of data or malfunctioning of computer software, hardware, or telecommunications equipment.

You still further agree not to use the Service in any manner prohibited by the Company. The following activities are examples of the kind of activities You are prohibited from conducting using the Service. They are exemplary, and in no way meant to limit the definition of prohibited activities. You are prohibited from:

  • Harvesting or collecting email addresses or other personal identification information of Users to send emails or other unsolicited communications;
  • Using automated scripts to interact with the Service, harvest information from the Service, or the like;
  • Impersonating any person or entity, or providing false or fraudulent information about Yourself, Your age, or Your affiliation with any person or entity;
  • Soliciting personal information or other identifying information from anyone under the age of 18;
  • Using the Service to promote commercial activities and/or sales without prior written consent from the Company, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • Using the Service to conduct, encourage, attempt, or assist another in conducting tortuous and criminal or otherwise unlawful activities;
  • Attempting to gain unauthorized access to the Service, other accounts, and/or computer systems and networks of the Company, its affiliates, agents, or partners, including, without limitation by circumventing, modifying, attempting to circumvent or modify, interfere with any security technology or software;
  • Using the account, username, or password of another User at any time, disclosing Your password to any third party, or permitting any third party to access Your account; and
  • Selling or transferring Your profile in any way.

Third Party Web Sites and Content

The Service may contain links, posted by the Company or Users, to other Web sites or materials belonging to or originating from third parties. The Company does not investigate such sites, and is not responsible for any of the content or material appearing on such sites, and linking to such sites is not an implied approval of any content on that site. This Agreement does not apply to third party sites, so if you leave the Service through a link or otherwise, You should review the particular third party site(s)’s terms and policies.

Usernames and Group Names

The Company, in its sole discretion, reserves the right, for any or no reason, to change Your username or the name of a group which You create, with or without notice.

User Disputes

The Company reserves the right to monitor and intervene in disputes between and among Users, however, the Company is in no way obliged to monitor or intervene in such disputes. You are solely responsible for your conduct while using the Service.

Privacy

Collection and use of personal information is governed by our Privacy Policy [include a link], which is incorporated into this Agreement in its entirety by reference.

Disclaimers

The Company expressly disclaims any liability for the Service being unavailable, interrupted, inoperable, unreliable, or containing viruses, bugs, errors, or defects. The Company is further not responsible for the Service being inaccurate, incomplete or out-dated, or containing or providing inaccurate, incomplete, or out-dated information, materials, or software. The Company has no obligation to correct any of the aforementioned occurrences.

The Company is not responsible for the Service containing User Content that is offensive, obscene, illegal, or the like. The Company is not responsible for the actions of Users on the Service as the Company has no control over them. You acknowledge that the Company is not responsible for any content, User Content, third party applications, or software posted to, displayed on, or available from, the Service regardless of whether it was posted by a User, third party, or the Company. Your use and/or downloading of any information or software from the Service is at your own discretion and sole risk. You are solely responsible for any and all damages, losses, or other harm that may result.

The Service and the Site Content are provided “as is” AND ON AN “AS AVAILABLE BASIS” “WITH ALL FAULTS”. THE COMPANY expressly disclaims any and all representations and warranties whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Some states do not allOW the exclusion or limitation of implied warranties, SO IN THOSE STATES, YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation on Liability

IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER FOR USE OF THE SERVICE. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME STATES.

Termination

The Company may, in its sole discretion, for any or no reason, delete, terminate, deactivate, suspend, or disable access to, Your account or any group, and any related User Content You have posted to the Service, with or without notice. The Company may also temporarily and permanently cease providing the Service, or any part thereof, for any or no reason, and with or without notice. You acknowledge and agree that the Company shall not be liable to You or any third party for any losses or damages suffered by you as a result of such a deletion, termination, deactivation, suspension, or cessation set forth in this paragraph.

Arbitration

Any dispute, claim or other controversy arising out of or relating the Terms of Use and/or the Service shall be settled by binding arbitration administered by the American Arbitration Association (hereinafter the "AAA") in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The sole exception is intellectual property disputes, which shall be settled in a court of competent jurisdiction.

The place of the arbitration shall be Albany, New York, with this clause superseding any inconsistent clause in the AAA Rules. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to the conflicts of law rules thereof. The number of arbitrations, allocation of costs and attorneys fees, and other necessary decisions shall be determined in accordance with the AAA rules. The arbitrator may award equitable relief in those circumstances where monetary damages would be inadequate. The arbitral award shall be binding and may be entered in a court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

Indemnity and Hold Harmless

You agree to hold harmless, indemnify, and at the Company’s request, defend, the Company, its subsidiaries, and affiliates, and their respective officers, directors, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs, or expenses, including reasonable attorneys fees made by any third party due to or arising out of your use of the Service, any User Content you post the Service, violation or breach of this Agreement, and/or violation of any law, regardless of whether such third party is successful.

Entire Agreement

This Agreement constitutes the entire agreement between You and the Company regarding Your use of the Service, superceding any prior agreements between You and the Company concerning your use of the Service. The failure of the Company to enforce or exercise any provision of this Agreement does not constitute a waiver of such right or provision or any other provision. The section titles in this Agreement are for convenience only, and have no legal or contractual effect. Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

Questions

Questions regarding this Agreement can be directed to the Company at info@iZoca.com.