TERMS OF SERVICE
This website is operated exclusively by ZM Interactive. Throughout the site, the terms “we”, “us,” and “our” refer to ZM Interactive. ZM Interactive offers this website, including all information and services available via this site to you, the user, conditioned upon your acceptance of all our terms, conditions, policies, and notices stated herein.
By visiting our site and/or engaging us to perform a service for you, you enter our “Service” contract and agree to the following terms and conditions (“Terms of Service,” “Terms”), including any and all additional terms, conditions, and policies referenced herein. These Terms of Service bind all users of our site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
It is your responsibility to read these Terms of Service carefully before accessing or using our website because by accessing or using any part of our site, you agree to these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services and must stop doing so immediately. Should any of our Terms of Service be considered an offer, acceptance is expressly limited to our Terms of Service.
Any new features, tools, videos, advertisements, and general content currently existing or added periodically to our current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes implies full acceptance ofany and all changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. Alternatively, you represent that you are the age of majority in your state or province of residence and you have given your consent and allow any of your minor dependent(s) to access and use this site or engage us in any services we may provide.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We may refuse service to anyone for any reason at any time.
You understand that your content that you may enable or upload onto our site, EXCLUDING credit card information, may be transferred in an unencrypted way and entail (a) transmissions over various networks; and/or (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is ALWAYS encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written consent by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
The material on this site is provided for general guidance only and should not be relied upon or used as material and for the sole basis of making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk and we reserve the right not to be liable.
This site may contain certain historical information. Historical information is information that is not current and is provided as a reference only.
We reserve the right to modify the content of this site at any time, but we have no obligation to update our users of any changes or updates we are posting. You must read the Terms of Service for any and all modifications, changes, and updates periodically made. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to change or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or termination of the Service.
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this site is void where prohibited.
We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your unique expectations, or that any errors in the Service will be corrected. We may, in our discretion, work with you to meet your unique expectations, but are not obligated to do so.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all Services purchased through us.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Certain content and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services that third-parties may offer.
We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any comments that you forward to us in any medium we choose. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Additionally, we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website, or the services and related websites of third parties with whom we collaborate with. You may not use a false e-mail address, misappropriate the identity of another person, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to Service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including the time post engagement of our Services).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful activities; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses immediately, with or without notice.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
ZM INTERACTIVE DOES NOT WARRANT THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC OUTCOMES. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ZM INTERACTIVE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ZM INTERACTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ZM INTERACTIVE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ZM INTERACTIVE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A VALID PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction of, or unauthorized access to, alteration of, or use, whether for breach of contract, tort, or any other causes of action.
ZM Interactive reserves the right to do any of the following, at any time, without notice: (1) modify, suspend, or terminate operation of or access to the site, or any portion of the site, for any reason; (2) modify or change the site, or any portion of the site, and any applicable policies or terms; and (3) interrupt the operation of the site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You agree to indemnify, defend, and hold harmless ZM Interactive and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforcebility of any remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California, USA.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. You are responsible to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
Any personal information that you provide to ZM INTERACTIVE is used for the purpose of receiving ZM INTERACTIVE communications and for personalizing and enhancing your experience with ZM INTERACTIVE. We are passionate about creating a better world using Artificial Intelligence. Accordingly, the information that you provide will help us further our goal.
HOW WE COLLECT THE INFORMATION
ZM INTERACTIVE collects both personal information and non-personal information that you provide to us. ZM INTERACTIVE may obtain information from you through: (i) account registration and administration of your account through the ZM INTERACTIVE website and/or forum; (ii) online, email or telephone communications; (iii) customer service and technical support; (iv) newsletter subscriptions; (v) navigational information about where visitors go on our website; (vi) registering your ZM INTERACTIVE services should such registration services become available; (vii) providing updates to you about your ZM INTERACTIVE services; (viii) accessing ZM INTERACTIVE services on social networks or third party services; and (ix) other uses of the Services where personal information is requested for use and or/participation. This information may be collected by ZM INTERACTIVE or by service providers retained by ZM INTERACTIVE and obligated to safeguard your personal information confidentially.
INFORMATION WE COLLECT
The types of personal and non-personal information collected will depend upon the activity and may include your full name, email address, phone number, address, credit card information, and professional title.
When you use ZM INTERACTIVE’s Services that connect to the internet, we may collect certain information as described below for such purposes as providing and improving our services, tracking usage, troubleshooting bugs, providing content for referring traffic sources and improving overall performance of the Services. Such information may include the IP address, browser type, profile information, preferences, aggregate user data, technical session information, information about your computer, hardware, software, or mobile device, including a device identifier, demographic information including gender, zip code and age, and navigational data. User IP addresses are recorded for security and monitoring purposes. If you arrived at our website via a link from another webpage, we may receive aggregate or otherwise anonymous statistical information about your visit to our site. We monitor visitor site usage and traffic patterns to help us develop the design and layout of the site, and to improve the content of our website to better match the interests of our website visitors.
A cookie is a small removable piece of text that is stored by your web browser on your computer hard drive. ZM INTERACTIVE stores website visitors’ preferences and records visit information, such as pages visited, time spent on the website, interactions with website features, and general web visitor behavior for various purposes such as ensuring that visitors are not repeatedly offered the same advertisements, to tailor website content and newsletter communications according to visitor preferences, to serve online advertisements based on past visits to the website, and to inform and optimize website performance and online advertising campaigns. We do not link the information we store in cookies to any personal Information you submit to us.
ZM INTERACTIVE allows third parties to collect non-personal information by way of cookies, web beacons, and as described below from the ZM INTERACTIVE website. ZM INTERACTIVE does not enable third parties to collect any personal information directly from the Services for their own promotional purposes. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set through your browser settings. However, by deleting or disabling cookies, you may not be able to access certain areas or features of the website.
Web beacons are tiny graphics with a unique identifier that are used to track the online movements of web users. While cookies are stored on a user’s computer hard drive, web beacons are embedded on web pages and are typically the size of a pixel. One or more of our marketing partners uses web beacons to help us better manage content on our site by informing us as to what content is effective.
Ad Servers, Third Party Advertising, and Website Analytics
ZM INTERACTIVE works with website analytics and advertising partners, including Google, Facebook, and Twitter to deliver ZM INTERACTIVE advertisements on third party publisher websites, and these partners may set cookies on your computer’s web browser. These cookies allow our partners to recognize your computer so that the ad server can show you ZM INTERACTIVE advertisements elsewhere on the Internet, and so that our analytics software can measure your engagement and interactions while using ZM Interactive. As a result, ad servers may compile anonymous, non-personal information about where you, or others who are using your computer, saw our advertisements, whether or not you interacted with our advertisements and actions performed on subsequent visits to ZM Interactive. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you, and it allows ZM INTERACTIVE to optimize the performance of our advertising campaigns and the usability of our website.
Information from Other Sources
HOW WE USE THE INFORMATION
ZM INTERACTIVE may use non-personal information to improve performance of our Services, to understand how anonymous users interact with our website after seeing ZM INTERACTIVE advertisements, to identify and retarget advertisements to past website visitors, and to optimize the performance of our advertising campaigns.
ZM INTERACTIVE may use both non-personal information and personal information to enable the purchase and fulfillment of ZM INTERACTIVE services, and to improve the overall ZM INTERACTIVE customer experience.
We will primarily use your personal information to provide services to you. For example:
– To provide customer service and technical support, and manage your account.
– To send you information about services, offers and news we think could interest you. We only send you this if you have opted-in to receive such notifications.
– To administer a giveaway, promotion, survey or other site feature and to provide you with the relevant products or services.
– To send service-related announcements when necessary. Generally, you may not opt-out of these communications, and they are not promotional in nature.
– To analyze visits to our website and learn about the interests of our visitors in the aggregate and to better understand your personal interests and needs, so we can improve our products and services.
SHARING INFORMATION WITH THIRD PARTIES
ZM INTERACTIVE does not share, sell, or rent to other third parties for their own promotional purposes any personal information you provide to us, and will only share personal Information as outlined below or with your consent.
Third Party Service Providers
We use other third party service providers to offer or facilitate services on our behalf, such as payment processing and authorization, fraud protections and credit risk reduction, order fulfillment and shipping, marketing and promotional material distribution, website evaluation and data analysis. We may need to share personal information with these third parties so that they can perform these services, however, we limit the personal information that we give to them and authorize them to use this information only for the purpose of performing those services.
Facebook Custom Audience Ads
We may display interest-based ads to you when you are using Facebook through Facebook’s Custom Audience Tool. The Custom Audience Tool allows us to personalize our ads based on your shopping experience with us. We do not share any of your personal information or your shopping history with Facebook. This tool allows us to convert your email address to a unique number that Facebook uses to match to unique numbers that Facebook generates from email addresses of its users. You may opt-out of Facebook Custom Audience ads from ZM INTERACTIVE by emailing email@example.com with this request.
We may post customer testimonials on our website which may contain personal information. We will obtain your consent via email and/or opt-in methods prior to posting your name, city, or stated activity/interest along with any testimonial.
You may be able to disclose information about yourself in the course of contributing user generated content on publicly-available areas of the Services. Such information is unencrypted, public information, may be accessed or recorded by us, and there is no expectation of privacy or confidentiality in such information. Any personal information you submit in the course of such activities can be read, collected, or used by other users.
If you submit your video or other content to ZM INTERACTIVE, we may publish it on the ZM INTERACTIVE website, social media channels, or applications along with certain personal information identifying you, such as your first and last name or your username, when we have your consent.
We reserve the right to access and disclose your personal information when we believe in good faith that such disclosure is necessary to: (i) enforce legal rights and comply with the law; (ii) comply with an order from a government entity or other competent authority, (iii) prevent or address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage; or (iv) protect our rights, prevent fraud and/or comply with judicial proceeding, court order, or legal process served on ZM INTERACTIVE.
As with any business, it is possible that as our business develops, we might go through a business transition, such as a merger, acquisition by another company, or a sale of all or a portion of our assets. Information that we collect, including your personal and non-personal information, is considered a business asset and will likely be disclosed or transferred to a third party acquirer in connection with the transaction.
THIRD PARTY WEBSITES
HOW WE PROTECT YOUR INFORMATION
The security of your personal information is important to us. We have implemented reasonable administrative, technical, and physical security measures to protect against the unauthorized access, destruction or alteration of your information. We use industry standard SSL (Secure Sockets Layer) encryption during the order check-out process to protect the confidentiality of your personal information. Despite our best efforts, however, no security measures are completely impenetrable.
ZM INTERACTIVE’s Services are intended for general audiences and not for children under the age of 14. If you are under 14, you should visit the ZM INTERACTIVE website and forum only with the involvement of a parent or legal guardian. We do not knowingly collect personal information from children under the age of 14, and if we become aware of such collection, we will take reasonable steps to delete such information as soon as practicable.
CORRECTING / UPDATING OR REMOVING INFORMATION
ZM INTERACTIVE users may modify or remove any of their personal information collected by ZM INTERACTIVE at any time by logging into their account. Users may also email us to correct or change any information by contacting Customer Support at firstname.lastname@example.org.
OPT OUT / UNSUBSCRIBE
If you no longer wish to receive our newsletter and other communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at email@example.com. If you want to opt-out from receiving communications from any this party that is not our agent or service provider, please contact that third party directly.
ZM INTERACTIVE CONTACT INFORMATION
San Francisco, CA
UPDATES TO PRIVACY INFORMATION