Welcome to Zocle! Zocle is an online service that allows you to create a “dashboard” interface to enable you to post multimedia RSS feeds, as well as to post and follow blogs and social media content, all as selected by you. Our dashboard screen permits you to organize and share content in a “user friendly” manner.
Zocle.com (the “Site” or “Zocle”) is operated by Zocle Media, LLC (“Zocle Media”), and the terms “we,” “us” and “our” as used in this Site refer to Zocle Media. We may refer to you, as “Licensee”, “user”, “you” or “your”.
The term “use” means and includes access, interaction, sending and receiving information, downloading and uploading, posting, browsing and engaging in any other activity or using the features and functions of the Site, as a registered user or otherwise, including communications by and between anyone that you may have selected to share information with. By using the Site you hereby accepts, a limited, non-exclusive, royalty bearing, cancellable, and nontransferable license (the “License”), without the right to grant any sublicenses hereunder, in and to Zocle in accordance with all the terms and conditions of these TOS.
Zocle Media may, at any time, modify the Services provided on the Site, charge a License fee for continuing use of all or any part of the Services, place limitations on the use of the Services or suspend the Site in its entirety, without any prior notice you and without entitling you to refund, credit or other compensation. If you are using Zocle.com on a mobile device, please note that normal charges will apply to your use of the Services that trigger carrier charges, such as text messaging and data usage charges, etc.
PERMITTED USAGE / REGISTRATION
You may use the Site and its Services only if you can form a binding contract with Zocle Media and are not a person barred from receiving these Services under the laws of the United States or other applicable jurisdiction. Compliance with these TOS and all applicable local, state, national, and international laws, rules and regulations applicable to you are required in order for you to may use the Services of this Site. By using this Site you warrant that you have the right and authority to enter agree to these TOS and bind yourself or your organization to comply with these TOS.
Certain activities are expressly prohibited:
- You may not upload, post, host, transmit or otherwise make available to others unsolicited email, SMSs, or “spam” messages through the Services, nor any materials containing embedded links, chain letters or pyramid schemes of any kind.
- You may not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature or any spyware through the Services.
- You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in the USA or applicable to you.
- You are prohibited from posting or transmitting to or from the Site any threatening, libelous, defamatory, obscene or pornographic material.
- You may not use the Services in a way that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. This restriction applies to any use that interferes, or attempts to interfere with, the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any content.
- You may not attempt (or encourage or support anyone else’s attempt) to circumvent, copy, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s Services, or any content thereof, or make unauthorized use thereof.
Account registration is required; registration requires that you provide your full legal name, a valid email address and any other information requested to complete the registration process. You will also be asked to select a login password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Unauthorized entry into your account may compromise the security of your stored information and content at any time. You will use commercially reasonable efforts to prevent unauthorized access to or use of the Service, including keeping passwords and user names confidential and not permitting any third party access to use your (or any of your Authorized Users’) user name, password, or account for the Services. You acknowledge that Zocle Media shall have no responsibility for the security of your account login information, and therefore Zocle Media will not be liable for any loss or damage from your failure to comply with this security obligation. You must immediately notify us of any compromise of your credentials you become aware of and any unauthorized use of your account. If you connect to Zocle.com utilizing a third party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that third party service, and to store your log-in credentials for that service.
The account holder must be a human, even if you are using the Site for the benefit of a company, organization or other legal entity. Accounts registered by “bots” or automated methods are not permitted. Only one user is permitted per account registration. As part of the registration process, you warrant that you are not using the name of another person or entity. In the event that any of the registration information you provide is incomplete or inaccurate, we may suspend or terminate your account.
Note: THIS SITE IS NOT INTENDED FOR USE BY MINORS (NORMALLY INDIVIDUALS UNDER THE AGE OF 18). YOU ARE NOT PERMITTED TO USE THIS SITE IF YOU ARE A MINOR IN THE JURISDICTION OF YOUR USUAL RESIDENCE. Zocle Media is not responsible for determining the age of the users of the Site and has no liability whatsoever should a minor use the Site or any other part of the Services, regardless of whether the minor’s use of the Service would otherwise be prohibited due to the minor’s age.
You may close your account at any time clicking on your name or in the My Account section. Reactivation of an account is by request only to email@example.com.
THIRD PARTY WEBSITES
Zocle Media does not screen, audit, or endorse third party websites or platform applications and Zocle Media has no responsibility for, and does not endorse, any features, content, advertising, products or other materials on or available from third party sites or platform applications. Each user of this Site acknowledges that in accessing a third party website or platform application, he/she does so at his/her own risk and agrees that his/her use of any website or platform application is on an “as-is” basis without any warranty as to the use of the third-party website or platform application, and that these TOS do not apply to his/her use of any third party website or platform application.
Zocle.com is only acting as a passive conduit for the online distribution and publication of content posted by you and others. Zocle Media does not pre-screen content, whether created by a user or posted by a third party, and shall not be responsible for the content accessed or made available to others through the Services. Zocle Media does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services, nor does Zocle Media endorse any opinions expressed via the Services. You understand that by using the Services, you could be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk.
Under no circumstances will Zocle Media be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Nevertheless, Zocle Media may (but has no obligation to) remove content and accounts containing content that Zocle Media determines, in its sole discretion, to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including content that Zocle Media believes may violate any party’s intellectual property).
SUBMISSION OF IDEAS
We value hearing from you, and are always interested in learning about ways we can make Zocle.com better. You may choose to, or we may invite you to, submit comments, ideas or feedback about the Services, including without limitation about how to improve the Services (“Submissions”). You agree that any Submissions you provide are gratuitous, unsolicited and without restriction; that your disclosure of such Submissions will not place Zocle Media under any fiduciary or other obligation; and that Zocle Media is free to use, disclose and otherwise exploit the ideas included in your Submissions without any restriction and without prior notice to you. By acceptance of your Submission, Zocle Media does not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
OWNERSHIP AND LICENSES RELATING TO CONTENT AND INFORMATION
We claim no ownership rights over the content you make available to others through the Services of this Site, including all content you input on third party websites. You alone own the information you provide to us in your profile. By providing information to us or to third parties through the Services, you represent and warrant that you are entitled to and authorized to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
This Site is proprietary to Zocle Media; we and our licensors retain title to and ownership of all rights (including copyright, trademark, patent, trade secret and all other intellectual property rights) in and to the Services and Zocle.com content, except for those rights expressly retained by you as stated above. You acquire no rights whatsoever to all or any part of the Services, except for the limited use rights granted by these TOS. Please note that this Site and all of its content, including, but not limited to, text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
You grant us a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, fully paid up and royalty-free license (without right of sublicense) to use, copy, re-produce, adapt, modify, distribute, publish, remove, retain, add, process, analyze and commercialize, utilizing all media or distribution methods (whether now known or hereafter developed), any information or content you provide, directly or indirectly to Zocle.com for the purpose of supporting your use of the Services and for that purpose only. You furthermore expressly agree that by posting a link on this Site, the target website will be presented within a frame, and that the frame may contain advertising and tools related to the Services.
Following termination or deactivation of your account, or if you remove any content from your account or your dashboard, we may retain your content for backup, archival, or audit purposes.
Upon registering for the Services and upon the condition that you comply with all of your obligations under these TOS, Zocle Media grants you a limited, non-exclusive, royalty-bearing, non-transferable, revocable license without the right to grant any sublicenses hereunder to access and use the Site and the Services, strictly in accordance with these TOS and subject to all the limitations set forth in these TOS.
TRADEMARKS AND COPYRIGHTS
The Zocle name and logo and all related service names, design marks and slogans are trademarks, service marks, trade names or registered trademarks owned by or licensed to Zocle Media and may not be used in any manner without the prior written consent of Zocle Media. All other product and service marks, design marks and slogans are trademarks, service marks, trade names or registered trademarks of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, design mark, slogan trade name or service, or to use any copyrighted material.
Zocle Media is the sole owner of all intellectual property used by the Site including all software, designs, algorithms, programming code, statistical reports, methods and processes on the Site and nothing in these TOS shall be deemed granting Licensee the right to use Site intellectual property other than use of the Site by persons registered properly pursuant to these TOS.
Zocle Media respects the intellectual property rights of others and requests that you do the same. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Zocle Media, LLC
Post Office Box 279
Old Greenwich, CT 06870
Fax to (203) 569-2045
Your notice must provide the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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; and (vi) 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 copyright owner.
DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND / OR THE CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, AS WELL AS FOR YOUR USE OF THE INTERNET GENERALLY. ZOCLE MEDIA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, ZOCLE MEDIA DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
ZOCLE MEDIA DISCLAIMS ALL WARRANTIES OF ANY KIND, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. ZOCLE MEDIA FURTHERMORE MAKES NO REPRESENTATION OR WARRANTY FOR THE DELIVERY OF ANY MESSAGES (INCLUDING, BUT NOT LIMITED TO, EMAILS, POSTS, SMS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SERVICE TO ANYONE OR ANY WEBSITE OR SERVICE.
THE PARTIES EXPRESSLY RECOGNIZE THAT INTERNET SERVERS AND LINKS ARE SUSCEPTIBLE TO CRASHES AND DOWNTIME. WE CANNOT AND DO NOT WARRANT THAT WE SHALL MAINTAIN A CONTINUOUS AND UNINTERRUPTED LINK TO THE INTERNET. WE DO NOT WARRANT ANY RESPONSE RATE OR DOWNLOAD TIME. WE MAY, AT OUR OWN DISCRETION, TEMPORARILY SUSPEND ALL SERVICES FOR THE SOFTWARE FOR THE PURPOSE OF REPAIR, MAINTENANCE OR IMPROVEMENT OF THE SOFTWARE OR OUR SYSTEMS. LICENSEE SHALL NOT BE ENTITLED TO ANY SETOFF, DISCOUNT, REFUND OR OTHER CREDIT, IN CASE OF ANY SERVICE OUTAGE.
IF YOU DOWNLOAD ANY MATERIALS UTILIZING THE SERVICES OF THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
IN NO EVENT UNDER ANY LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE) SHALL WE, OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, LICENSORS, ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS OR OTHER THIRD PARTIES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE USE OF THIS SITE OR THE INTERNET GENERALLY OR OUR AGREEMENT WITH YOU CONCERNING THIS SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BY STATUTE, CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE fees paid by YOU FOR THE SERVICES SUBJECT TO THE CLAIM DURING THE three (3) month PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. IN ALL SUCH CIRCUMSTANCES, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
WE OPERATE THE SITE FROM THE UNITED STATES UNDER THE LAWS OF THE UNITED STATES. IT IS POSSIBLE THAT SOME SOFTWARE THAT MAY BE DOWNLOADED FROM THE SITE IS SUBJECT TO GOVERNMENT EXPORT CONTROL OR OTHER RESTRICTIONS. BY VISITING AND USING OUR SITE, YOU ACKNOWLEDGE THESE RESTRICTIONS AND AGREE THAT YOU ARE NOT SUBJECT TO THEM.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION 9 IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING OUR LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR OUR AGENTS; (II) OUR OR OUR EMPLOYEES’ WILLFUL MISCONDUCT; OR (III) ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
You agree to indemnify and hold us and each of our respective successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Site and/or any violation of these TOS. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Site and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
Confidential Information means any information regarding the software, designs, algorithms, programming code, statistical reports, methods and processes used by Zocle Media. You agree to not to disclose, directly or indirectly, such Confidential Information to any party except, if you are employed by a company, to officers, directors and employees of your company who are required to have such Confidential Information in order to perform their functions in connection with your use of Zocle (it being understood that prior to such disclosure you will inform the recipient of the confidential nature of such Confidential Information and that such recipient shall agree to be bound by these TOS as if they were a party hereto). Confidential Information may be used only in the course of using Zocle under these TOS and you acknowledge that the Confidential Information remains the exclusive property of Zocle Media. Upon termination of you using Zocle you represent that you shall immediately destroy any Confidential Information in your possession and shall keep such information confidential for a period of five (5) years following such termination.
ARBITRATION OF DISPUTES
If we cannot amicably resolve any dispute or claim arising directly or indirectly in connection with these TOS or from your interactions with the Site or use of the Services, you agree to resolve any such dispute or claim by binding arbitration. The arbitration proceeding shall be conducted in Stamford, Connecticut, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Zocle Media. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the State of Connecticut, without giving effect to any principles of conflicts of laws, shall apply to the arbitration proceedings. You agree that the arbitrator cannot award punitive damages to either of us and you agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, which shall include, but not be limited to, the courts within Fairfield County, State of Connecticut.
ACCESS; REVISIONS; PARTIAL INVALIDITY
We reserve the right to withdraw access to the Site or to revise the Services described in the Site at any time without notice. All revisions are effective as soon as we make them.
The invalidity of any term, condition or provision of these TOS shall not affect the enforceability of those portions of these TOS deemed enforceable by applicable courts of law.
Assignment. You may not assign or otherwise transfer any of your rights or obligations hereunder, whether by merger, sale of assets, change of control, operation of law, or otherwise, without the prior written consent of Zocle Media (not to be unreasonably withheld), and any attempted assignment without such consent will be void.
Relationship of the Parties. No agency, partnership, joint venture, or employment relationship is created as a result of these TOS and neither Party has any authority of any kind to bind the other in any respect.
Publicity. You agree that we may use your name and may disclose that you are a customer of the Services in our advertising, press, promotion, and similar public disclosures, including at trade shows and similar events. In addition to the foregoing, you hereby grant us a non-exclusive license during the Term to list your name and display your logo as a Zocle Media customer on our website.
Force Majeure. Except for payment obligations, neither Party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such Party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes lock-outs or labor disruptions; and any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
Amendment. We reserve the right to modify, supplement, or replace these TOS, effective upon posting on the Site or otherwise notifying you. Your continued use of the Services after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new TOS. Except for changes made by us as described here, no other amendment or modification of these TOS shall be effective unless set forth in a written agreement bearing a written signature by Zocle Media and you.
Severability. Each provision of these TOS is severable. If any provision of these TOS is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of these TOS or of that provision in any other jurisdiction.
These TOS are effective as of November 2, 2015.