Terms of Use
Zappalog LLC (“Zappalog”) operates its website located at www.zappalog.com (the “Site”). Please read the following Terms of Use carefully before using the Site.
1. Applicability & Acceptance of These Terms of UseBy viewing, using, accessing, browsing, or submitting any content or material on the Site, you agree to these Terms of Use as a binding legal agreement between you and Zappalog, without limitation or qualification. The term “you” or “You” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site.
2. User License a. Scope. Zappalog grants you permission (which may be revoked at any time for any reason or no reason) to view the Site and to download, email, share via social networking or print individual pages from the Site in accordance with these Terms of Use and solely for your own personal, non-commercial use. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Site, except as specifically noted above. Except as specifically authorized by Zappalog, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. Zappalog reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from Zappalog. You may become a “fan” of the Site or share links to the Site via social networking technology reference on the Site. Any rights not expressly granted herein are reserved.
b. User Conduct. You agree that your use of the Site and/or services on the Site is subject to all applicable local, state and federal laws and regulations. You also agree: to comply with US law and local laws or rules regarding online conduct and acceptable material; not to use the Site or their services or submit content to the Site if you are under the age of 13; not to use the Site in connection with the purchase of alcohol through a Merchant (defined below) unless you and the alcohol recipient are 21 or older and comply with all Merchant terms and conditions regarding the purchase and delivery of alcohol; not to access the Site or services using a third-party’s account/registration without the express consent of the account holder; not to use the Site for illegal purposes; not to commit any acts of infringement on the Site or with respect to content on the Site; not to use the Site to engage in commercial activities apart from sanctioned use of Zappalog services; not to copy any content, including, but not limited to Merchant catalog content and third-party comments, for republication in print or on-line; not to post content to the Site for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site; not to attempt to gain unauthorized access to other computer systems from or through the Site; not to interfere with another person’s use and enjoyment of the Site or another entity’s use an enjoyment of the Site; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or linked Merchant sites.
c. Harm from Commercial Use. You agree that the consequences of commercial use or re-publication of content or information from the Site may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Zappalog will be entitled to temporary and permanent injunctive relief to prohibit such use.
3. Site Content a. Nature of User Material. Some of the services offered by Zappalog on the Site allow you and others to post, transmit, display, publish, distribute, or otherwise submit user generated material including, but not limited to, product and Merchant reviews and ratings, to the Site (collectively, "Postings"). You agree not to create any Posting that:
contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; unfairly interferes with any third party's uninterrupted use and enjoyment of the Site; advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Site, including, but not limited to, negative reviews posted by competing Merchants; is intended primarily to promote a cause or movement, whether political, religious or other; contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content; constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor; infringes any copyright, trademark, patent, trade secret, or other intellectual property right; contains viruses or other harmful, disruptive or destructive files; harms or is inappropriate for minors to view; links to any commercial or other website; and/or is not otherwise in compliance with these Terms of Use.
b. User Representations and Warranties. Each time you provide a Posting to the Site, you represent and warrant that you have the right to provide such Posting, which means: you are the author of the Posting, or the Posting is not protected by copyright law, or you have express permission from the copyright owner to use the Posting in connection with the Site; and you have the right to grant Zappalog the license set out in these Terms of Use; for review Postings, you have had first hand experience with the subject product or Merchant; and you have not received anything of value in exchange for your Posting; your use of the Site and Posting(s) do not violate these Terms of Use.
c. User License Grant to Zappalog. You grant Zappalog, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Postings you provide to Zappalog in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Zappalog to include the Postings you provide in a searchable format that may be accessed by users of the Site. You also grant Zappalog and its and related entities the right to use any Personally Identifiable Information (as that term is defined in Zappalog’s Privacy Policy) included with any Posting in connection with the use, reproduction or distribution of such Posting. You also grant Zappalog the right to use the Posting and any facts, ideas, concepts, know-how or techniques ("Information") contained in any Posting or communication you send to Zappalog for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Site, without compensation of any sort to you. Zappalog does not claim ownership of Postings.
d. Disclaimer of Responsibility for Material. Postings are not endorsed by Zappalog, and do not represent the views of Zappalog or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Zappalog does not control all Postings, and disclaims any responsibility for such Postings. Zappalog specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Postings. In addition, Zappalog does not represent or warrant that any other content or information accessible via the Site is accurate, complete, or current. Product price, description, product/service availability and Merchant information are subject to change without notice. Zappalog assumes no responsibility or liability for any errors or omissions in the content of the Site.
e. Review & Removal of Material. Zappalog reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Postings that Zappalog believes, in its absolute and sole discretion, may violate any portion of the Terms of Use. You may contact Zappalog at info@zappalog.com or Zappalog LLC , 417 North Ashland, Chicago, Illinois 60622 to request removal of a Posting. However, Zappalog disclaims any duty, obligation or responsibility to comply with such request except as specifically outlined in this paragraph. Zappalog also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Postings on the Site for any reason or no reason whatsoever, in its absolute and sole discretion. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that Postings posted by the Site infringe your copyright, you (or your agent) may send Zappalog a notice requesting that the material be removed from the Site(s), or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Zappalog to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to Zappalog LLC , 417 North Ashland, Chicago, Illinois 60622. Zappalog suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.
f. Proprietary Rights. You acknowledge and agree that the Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Zappalog. All Zappalog Site design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Site are ©2011 Zappalog, all rights reserved.
4. Termination and Modifications to the Site Zappalog reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site’ features, look and feel, and functional elements and related services.
5. Indemnity You agree to indemnify and hold Zappalog, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys’ fees, made by anyone in connection with your use of the Site, with your Postings, with any alleged infringement of intellectual property or other right of any person or entity relating to the Site, your violation of these Terms of Use, and any other acts or omissions relating to the Site.
6. Disclaimer of Warranties THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE (WHETHER PROVIDED BY ZAPPALOG, YOU, OTHER USERS OR OTHER THIRD PARTIES), INCLUDING WITHOUT LIMITATION, PRODUCTS, POSTINGS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPPALOG DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
7. Limitation of Liability IN NO EVENT SHALL ZAPPALOG BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF ZAPPALOG HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITE. ZAPPALOG ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITE. ZAPPALOG ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITE LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ZAPPALOG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO ZAPPALOG OR A MERCHANT, IF ANY, OR (B) $100 (WHICHEVER IS LESS). YOU AND ZAPPALOG AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND ZAPPALOG AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 7.
8. Cancellation, Termination, Transfer, and Expiration of Account or Services You may cancel or terminate your Zappalog account and/or use of any service provided on or through the Site, with or without cause at any time, upon providing written notice to Zappalog. If you cancel or terminate your account or any services, your request will take effect as soon as the request is processed by Zappalog. Upon termination, your ability to use your account or all Zappalog services immediately ceases. Your notice to Zappalog of cancellation or termination must be sent via email to info@zappalog.com or conventional mail to Zappalog’s address as set forth in these Terms of Use. Zappalog, in its sole and absolute discretion, and at any time and with or without prior notice to you, may suspend, cancel, or terminate your password, account, and/or use of any services provided on or through the Site for any reason whatsoever including and without limitation, due to lack of use, unauthorized commercial use, cybersquatting, in connection with Zappalog’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or Zappalog’s belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use In the event of a dispute or conflict among, or complaint from, users of the Site about another’s right to establish, use, or maintain an account or service on the Site, Zappalog reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation. Upon cancellation or termination by either party, of your account, your password, and/or use of any service provided on or through the Site, you will have no right to any Postings you have provided, and Zappalog may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Postings. Zappalog accepts no liability for removed or deleted Postings. In addition, any contracts (verbal, written, or assumed) with respect to your account, Postings, and/or use of any service on the Site, will be terminated at Zappalog’s discretion. You agree that Zappalog shall not be liable to you or any third-party for any termination of your access to any service. Upon suspension, cancellation, or termination of your account or your use of any service provided on or through the Site (for whatever reason), there shall be no refund of money you paid to Zappalog.
10. Your account, password, and security Use of Zappalog services requires that you register and/or create an account with Zappalog. During this process, you must select an account designation and password and provide certain personal information to Zappalog as set forth in the Zappalog Privacy Policy. In consideration of the use of Zappalog’s services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zappalog has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zappalog has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Site services (or any portion thereof). You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify Zappalog of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. Zappalog will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
11. Links As a courtesy to you, the Site offers links to the websites of merchants featured on the Site (“Merchants”) for the purpose of facilitating purchase of the Merchants’ products. Some of these Merchants may be affiliated with Zappalog, while others are not. Zappalog is not responsible for the contents of any website pages created and maintained by organizations independent of Zappalog. Visiting any such third-party website pages is at your own risk. Zappalog has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Zappalog. By using the Site you acknowledge that Zappalog is responsible neither for the availability of, nor the content located on or through any third-party website pages.
12. Trademarks ZappalogTM is a common law trademark of Zappalog. The trademark (as well as other trademarks that Zappalog may use or register) and other logos, and names of Zappalog, used on or in connection with the Site may not be used in connection with any product or service that is not under Zappalog’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Zappalog. All other trademarks not owned by Zappalog (or its affiliates) that appear on the Site are the property of their respective owners.
13. Consideration You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Site and receipt or use of data, content, products and/or services through the Site, the possibility of our review, use or display of your Posting(s), and the possibility of publicity and promotion from our review, use or display of your user-generated content.
14. Jurisdiction, Applicable Law, and Limitations This Site is created and controlled by Zappalog in the State of Illinois, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Illinois, without regard to its conflicts of law provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Zappalog makes no claims or assurances that the Site is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the Site must be filed in a federal or state court located in Chicago, Illinois, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
17. General a. Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein. b. Entire Agreement. Except as expressly provided in on the Site, these Terms of Use, which hereby incorporate by reference the terms of Zappalog’s Privacy Policy, constitute the entire agreement between you and Zappalog, superseding all prior agreements regarding the Site. c. No Waiver. The failure of Zappalog to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes. d. Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party. e. Contact Zappalog. For purposes of providing notice of cancellation or termination, contact us at info@zappalog.com or Zappalog LLC, 417 North Ashland, Chicago, Illinois 60622.
If you do not agree to these Terms of Use, then you may not use the Site. Zappalog reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the Site shall be subject to the then-current Terms of Use, and continued use of the Site now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
