These Terms of Service ("Terms") govern your access to and use of the Zimzee website, apps, APIs and widgets (“Zimzee” or the “Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using Zimzee, you agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines.
Zimzee’s Service
Zimzee is here to help you be creative, be able to quickly save, organize and share your discoveries. We may show you links, websites, or other things that may be relevant, interesting or exploratory based on your activity both on and off our site. To utilize our Services, we need to be able to identify you, your interests and your current and potential future interests. Some of the things we show you may be promoted by advertisers. However, we will try to ensure that promoted content will be relevant to you. Promoted content will be clearly labeled.
Using Zimzee
a. Who can use Zimzee
Zimzee is available to you only if you can form a legally binding contract with us and in compliance with all applicable laws and these Terms and Conditions. When you create Zimzee account, you must provide us with accurate and complete information. You can’t use Zimzee if it would be prohibited by US sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you can only use Zimzee if you are over the age at which you can provide consent to data processing under the laws of your country. Using Zimzee may include downloading software to your computer, phone, tablet or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
b. Our license to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable and revocable license to use our Service.
Your content
a. Posting content
Zimzee allows you to save and post content, including photos, comments, links and other materials. Anything that you post or otherwise make available on Zimzee is referred to as "User Content". You retain all rights in, and are solely responsible for, the User Content you post to Zimzee.
b. How Zimzee and other users can use your content
When you choose to share your content, you grant Zimzee and our users a non-exclusive, royalty-free, worldwide license to store, display, reproduce, save, modify, create derivative works, and distribute your User Content on Zimzee solely for the purposes of operating, developing, providing and using Zimzee. Nothing in these Terms restricts other legal rights Zimzee may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Zimzee, for any reason. This includes User Content that we believe violates these Terms or any other policies.
c. How long we will keep your content
Following termination or deactivation of your account, or if you remove any User Content from Zimzee, we will delete all of your buckets and your User Content.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Zimzee better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Zimzee doesn’t waive any rights to use similar or related feedback previously known to Zimzee, or developed by its employees, or obtained from sources other than you.
Copyright Policy
We value all intellectual property (“IP”) and want to protect creators’ rights to their IP. While using Zimzee’s Services, you may not illegally download or share copyrighted or other protected material. You should always properly attribute content to its creator(s). You may not use Zimzee Services to download entire movies, television shows, music or other creative content and charge a fee for third parties to access such content.
Security
We care about the security of our users. While we work to protect the security of your content and account, Zimzee can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
Third-party links, sites and services
Zimzee may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third-party websites, services or content from Zimzee, you do so at your own risk and you agree that Zimzee has no liability arising from your use of or access to any third-party websites, services or content.
Termination
Zimzee may terminate or suspend your right to access or use our services for any reason with appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of law or if you engage in behavior that is intended to threaten or harass other Zimzee users. Upon termination, you will continue to be bound by Sections 3 and 8 of these Terms.
Indemnity
You agree to indemnify and hold harmless Zimzee Inc., its affiliates and and officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content or your breach of any of these Terms.
Disclaimers
Zimzee specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Zimzee takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose. We are, however, interested in knowing about illegal, objectionable, or offensive content and you may report such content to us.
If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIMZEE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL ZIMZEE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED US DOLLARS (USD 100.00).
If we cause damage to you and you are a consumer in the EEA, the above does not apply. Instead, Zimzee’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Zimzee is not liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
Arbitration
For any dispute you have with Zimzee, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so using the email address on your Zimzee account. If Zimzee has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or, for those claims that do not exceed the jurisdictional maximum, in a small claims court.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the US Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Zimzee are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Zimzee account.
Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at
www.adr.org . Unless you and Zimzee agree otherwise, the arbitration will be conducted remotely utilizing video-conferencing. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, or through a telephone or video-conference hearing hearing as established by the AAA rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ZIMZEE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent that any claim, dispute or controversy regarding Zimzee or our Service is not arbitrable under applicable laws or otherwise, you and Zimzee both agree that any claim or dispute regarding Zimzee will be resolved exclusively in accordance with Section 12 of these Terms.
If you are a consumer in the EEA, Section 11 does not apply to you.
Governing law and jurisdiction
These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles.
If you are a consumer in the EEA, this will not deprive you of any protection you have under the law of the country where you live and access to the courts in that country.
General terms
Notification procedures and changes to these Terms
We reserve the right to determine the form and means of providing you with notifications, and you agree to receive legal notices electronically if that is what we decide. We may revise these Terms from time to time; the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use Zimzee once revisions have become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using Zimzee.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zimzee without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If you’re a consumer in the EEA, either you or Zimzee may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment by Zimzee, you are entitled to terminate the agreement with immediate effect by deactivating your account. Zimzee will provide you with reasonable notice of any such assignment.
Entire agreement/severability
These Terms, together with the Privacy Policy and any amendments and additional agreements you may enter into with Zimzee, shall constitute the entire agreement between you and Zimzee concerning the Service. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Zimzee's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Parties
These Terms are a contract between you and Zimzee Inc, 442 5th Ave,
Suite #2001, New York, NY 10018-2704 USA
Effective 15 January 2024
