Terms of Use

Zappiti, Inc.

Last Modified: December 5th, 2018

 

These Terms of Use (“Terms”) govern your use of our website and any services or products referencing these Terms (collectively, the “Services”), which are owned and operated by Zappiti, Inc., or its affiliates and partners (“Zappiti”). These Terms do not modify any other agreement you may have with us with respect to any other Zappiti services or products.  By accessing or using the Services, you agree to be bound by these Terms and any terms incorporated herein, and you represent and warrant that you are at least 18 years of age. 

If you do not agree to these Terms, you may not access or use the Services.  If you are using the Services on behalf of any other person or entity, you represent and warrant that you are authorized to accept these Terms on behalf of that person entity and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.

Additional Terms

Certain Services or features of the Services may be subject to additional terms and conditions (“Additional Terms”) as a condition of their use. When applicable, we will require that you agree to the Additional Terms before using such Services or features.  Unless otherwise specified in the Additional Terms, all Additional Terms are incorporated into these Terms. To the extent that these Terms and the Additional Terms can be interpreted consistently, they will both apply. If, however, any aspect of the Additional Terms is inconsistent with any provision of these Terms, the Additional Terms will take precedence as to the specific Services to which the Additional Terms apply.  

All purchases or other transactions arising from visits made by you to the Zappiti website are governed by our Terms of Sale, which are hereby incorporated into these Terms.

We respect the privacy of our users.  Our Privacy Statement describes how we collect, use, and disclose your information. 

Changes to these Terms 

We reserve the right to update these Terms from time to time in our discretion. All changes will be posted to the www.zappiti.co website.  Your continued use of the Services following the posting of revised Terms constitutes your acceptance of and agreement to the revised Terms. You are responsible for checking these Terms each time you access the Services so that you are aware of any revised Terms that may apply. 

Common Definitions

Zappiti Content” means all content, features, and functionality available or provided through the Services.  Zappiti Content does not include Personal Data.

Personal Data” means any information that can be used to identify you, either alone or in conjunction with other information. 

Your Content” means all comments, photos, and other content that you may share or display on the Services.

User Access and Accounts

We may modify the Services and may restrict access to some parts of the Services to users registered with us.  We will not be liable if all or any part of the Services is unavailable at any time.  

It is your responsibility to make any necessary arrangements for your access to the Services and to ensure that anyone accessing the Services from your devices or accounts complies with these Terms.

To access the Services you may be asked to register with us.  Such registration will require that you provide certain Personal Data or other information. You agree that any such information will be correct, current, and complete. You further agree that all information you provide to register with the Services or otherwise is governed by these Terms, and you consent to all actions we take with respect to your information consistent with these Terms and our Privacy Statement.

If thru any registration process in connection with the Services you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must not disclose it to any other person or entity. Any account you may establish with Zappiti is personal to you and you are responsible for all activity under your account regardless of whether such action is yours or that of someone you allow to access the Services from your account. You agree to notify us immediately of any unauthorized access to or use of your account.

We may disable any account at any time for any violation of these Terms or otherwise as we may determine in our sole discretion.

Permitted Uses

You may use the Services for your personal, non-commercial use, in accordance with these Terms. You will not, nor will you assist any third party to: (i) extract or otherwise copy the Zappiti Content; (ii) disassemble, decompile, or reverse engineer any part of the Zappiti Content; (iii) modify or create a derivative work of the Zappiti Content; or (iv) use the Zappiti Content for any other purpose.  

We do not grant you any right, title, or interest in or to the Services, and we reserve all rights not expressly granted.  Any breach of these Terms or use of the Services not expressly permitted by these Terms may violate intellectual property laws, and may result in the immediate termination of your access to the Services.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the protection of intellectual property or the export or prohibited use of data, software, electronics, or other technology to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors.

  • To transmit any advertising or promotional material, including any “spam” or similar unsolicited material.

  • To impersonate or attempt to impersonate Zappiti, any of Zappiti’s employees, or any other person or entity (including, without limitation, by using e-mail addresses or accounts that are not yours).

  • To engage in any other conduct that we determine, in our sole discretion, is detrimental to any other user of the Services.

  • In any manner that could damage or impair the Services or interfere with any other user’s use of the Services (including, without limitation, introducing any virus or other malicious code or attempting by any other means to disrupt the proper operation of the Services).


Our Intellectual Property Rights  

Zappiti and its licensors own all Services and Zappiti Content, protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  We reserve all rights in and to the Zappiti Content.  Except as expressly granted to you under these Terms, we do not grant you any right, title, interest, or license in or to any part of the Zappiti Content.

You will not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, and create derivative works from, or exploit in any way, any part of the Zappiti Content. You will not delete, remove or otherwise alter any copyright, trademark, or other proprietary rights notice appearing in or on the Zappiti Content. You will not take any action to limit or interfere in any manner with our rights in and to the Zappiti Content. You agree not to portray us or the Services in a false, misleading, derogatory, or otherwise offensive manner. Zappiti reserves the sole and exclusive right to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the Zappiti Content. The Services may contain Zappiti Content owned or licensed by third parties, including without limitation the manufacturer of Zappiti products.  All restrictions set forth in these Terms equally apply to all Zappiti Content owned or licensed by third parties.

Our name, logos, trademarks, and all related names, logos, product and service names, designs and slogans are our trademarks (or our affiliates or licensors’ trademarks). You may not use such marks without the prior written permission of the owner of such marks.  Any third party names, logos, product and service names, designs and slogans that may appear with the Services are the trademarks of their respective owners.

Your Content  

The Services may allow you to share or display (collectively, “post”) Your Content for other users. By posting Your Content you agree to follow the following posting rules:

  • Do not post any content that includes information that is false and deceptive, intentionally inaccurate, or that promotes illegal activity.

  • Do not solicit any Personal Data from other users of the Services.

  • Do not post any content or information in violation of any laws.

  • Do not insult any other users of the Services. 

  • Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit.

  • Do not post information that you do not own or have the right to distribute. 


By posting Your Content to the Services, you grant us and our licensors and affiliates, our third-party service providers, and any person acting on our or their behalf (collectively, the “Licensed Parties”) a perpetual, non-exclusive, non-revocable, royalty-free, fully paid-up, worldwide right to adapt, modify, create derivative works, display, distribute, disclose, sublicense, assign, use, and commercialize Your Content in any manner and in any media without obligations to you. Your use of the Services constitutes your consent to allow us to use and store Your Content.  If Your Content contains Personal Data, we will treat such Personal Data in accordance with our Privacy Statement.

You hereby represent and warrant that (i) you own all rights in and to Your Content, (ii) you have permission from all persons appearing in Your Content to grant the rights granted herein; and (iii) the Licensed Parties’ use of Your Content as described herein will not violate the rights of any third party or any law. You hereby release, discharge, and agree to hold the Licensed Parties harmless from any liability related in any way to the Licensed Parties’ use of Your Content.

You understand and acknowledge that you are responsible for Your Content, including its legality, reliability, accuracy, and appropriateness. We cannot and do not undertake to review all material before it is posted on the Services.  

Management of Your Content

We may remove or refuse to post Your Content for any or no reason in our sole discretion.  Furthermore, we may take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including, without limitation, referral of your use of the Services to law enforcement.

Without limiting the foregoing, we may fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU RELEASE AND HOLD ZAPPITI AND OUR AFFILIATES, LICENSORS AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES IN ACCORDANCE WITH THIS SECTION.   

We have no liability for the preservation or deletion of any of Your Content. We may modify the usage and storage of Your Content and information from time to time in accordance with applicable law.

Social Media Postings  

When you post content to social media sites and blogs tagged with our brand, product names, or hashtags (each posting a “Social Media Posting”), we may contact you directly, either publicly or privately, through the social media platform or blog on which the Social Media Posting was located and request your permission to use the Social Media Posting in connection with the Services (including, without limitation, as user or product testimonials). If you grant us permission, then you grant the Licensed Parties the same rights and make the same representations and warranties with respect to the Social Medial Posting as you would with Your Content. You hereby release, discharge and agree to hold the Licensed Parties harmless from any liability related in any way to the Licensed Parties’ use of your Social Media Posting.

Third Party Content 

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only and solely at your own risk.  We have no control over the contents of those sites or resources, and accept no responsibility for those sites or resources.

The Services may include content provided by third parties, including materials provided by other users. All statements and opinions expressed in that content are solely the opinions and the responsibility of the person or entity providing that content. Third party content does not necessarily reflect our opinion, and we are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties. 

Geographic Restrictions  

We are based in Florida, United States, with teams in different parts of the world. Zappiti’s sales territory is North and South America.  However, we make no representation or warranty that the Services or any Zappiti Content is necessarily accessible or appropriate outside of the United States. If you access the Services from outside the United States, you understand that any data, including Personal Data that you transmit to us or we collect from you, will be collected from and stored in either the United States or wherever our teams are located.

Disclaimer of Warranties  

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES.

Limitation on Liability  

IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, LOSS OF USE, OR LOSS OF DATA, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, OR DAMAGES RESULTING FROM RELIANCE ON ANY INFORMATION PRESENT ON THE SERVICES, EVEN IF FORESEEABLE.   IF WE ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, OUR LIABILITY WILL NOT EXCEED THE TOTAL YOU HAVE PAID US FOR THE SERVICES.

Indemnification  

You agree to defend, indemnify and hold harmless us, our shareholders, affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services. This obligation will survive the termination of your use of the Services and any termination or modification of these Terms.

Governing Law and Jurisdiction 

These Terms of Use are governed by, and construed in accordance with, the laws of the State of Florida without regard to any conflicts of law rules. If there is any dispute relating to the Services, you and Zappiti agree that the exclusive venue for any action arising out of that dispute will be in the state or federal courts having jurisdiction over Hillsborough County, Florida.  You waive any claim or defense that such courts are an inconvenient or improper forum.  The prevailing party in any such action is entitled to receive reimbursement of its reasonable expenses, including attorney’s fees, incurred in connection with the court action.

No Class Actions

You hereby waive any right to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action, and agree to resolve disputes with us only on an individual basis.

Waiver and Severability  

Our failure to enforce or exercise any part of these Terms is not a waiver of that section. If a particular term is not enforceable, the unenforceability of that term will not affect any other portion of these Terms.

Entire Agreement  

These Terms, our Privacy Statement, Terms of Sale, and any Additional Terms constitute the sole and entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

Notice of Infringement Claims

If you believe that your work has been improperly copied and posted to the Services, please provide us with your name, address, telephone number, e-mail address, physical or electronic signature, a description of the copyrighted work, a description of the location of the copyrighted work on the Services, and a statement by you made under penalty of perjury that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner.

Contact Us

All notices and other correspondence under these Terms must be sent to us at:

Zappti, Inc.

1971 W. Lumsden Road #204

Brandon, FL 33511, US 


or by e-mail to contact@zappiti.co.