Terms and Conditions
June 1, 2013
Welcome to Zoojaja!
1. Description of Service
Zoojaja (“Zoojaja.com,” “zoojaja,” “zoojaja.com,” “we,” or “us”) is a video distribution service that provides educational videos, courses, presentations, lectures, and other content and services (collectively, the “Service”) on the internet to our website visitors and members. Our Service as well as our player for viewing the Service on the internet (the “Video Player”) and any other features, tools, applications, materials, or other services offered from time to time by Zoojaja in connection with its business, however accessed, are referred to collectively as the “Zoojaja Services.”
The Service is available for permissible viewing, participation, and/or consumption on, at, or through the following (collectively, the “Properties”):
a) The physical locations where our business activities take place;
b) The zoojaja.com website (the “Zoojaja Site”);
c) Zoojaja’s webpages, applications and other resources on Facebook;
d) Zoojaja affiliate and distributor websites;
e) Third-party websites maintained partially or wholly by Zoojaja; and
f) Zoojaja authorized applications, features or devices.
4. Privacy, Collection, and Use of Personal Information
By using the Zoojaja Services, you consent to receiving electronic communications from Zoojaja. For example, Zoojaja may send you newsletters about new Zoojaja features, special offers, promotional announcements and customer surveys via email or other methods. These communications will also include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Zoojaja and you receive them as part of being a Zoojaja member. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
5. Member Registration
Certain Zoojaja Services are provided to you free-of-charge. There are some other Zoojaja Services that, if you are interested in accessing, will require payment by you and you will have access to those Zoojaja Services for the limited Time Period (“Time Period”) that is allocated for your access. You are considered to be a guest (“Guest”) if you access Zoojaja Services that are provided free-of-charge and you or someone on your behalf does not pay for any Zoojaja Services that require payment. You are considered to be a Member (“Member”) if you register for and access Zoojaja Services that require payment and you or someone on your behalf pays for those Zoojaja Services that require payment. You will continue to be considered a Member for the duration of the Time Period that the Zoojaja Services are allocated for your access. If, after the Time Period has expired, you do not register for any Zoojaja Services that require payment, you are no longer considered to be a Member.
You may cancel your registration as a Member at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY Zoojaja SERVICES. To cancel, please contact Zoojaja at email@example.com or call us at (307) 222-2492.
6. Billing and Payment
Certain Zoojaja Services require immediate full payment in order to complete registration for, and access, those Zoojaja Services. There are some other Zoojaja Services that require that you agree to make recurring subscription payments in order to complete registration for, and access, those Zoojaja Services. There are also some Zoojaja Services that will give you the option to choose from making an immediate full payment or agree to make recurring subscription payments in order to complete registration for, and access, those Zoojaja Services.
During the registration process for Zoojaja Services that require payment, you will be requested to provide us with a credit card or other Payment Method accepted by Zoojaja (“Payment Method”) for us to collect payment for Zoojaja Services. For those Zoojaja Services that require immediate full payment or you are given an option to make an immediate full payment and you choose to do so, your Payment Method will be charged the full price for each of those Zoojaja Services you choose one time during the registration process. For those Zoojaja Services that require making recurring subscription payments or you are given an option to make recurring subscription payments and you choose to do so, your Payment Method will be charged the first subscription payment during the registration process and then the subsequent payments will be charged according to the recurring payment time frame specified for those Zoojaja Services during the registration process.
7. Access and Limitations on Use
You must be 13 years of age or older to become a Member of the Zoojaja Services. You must be 18 years of age or older to submit payment for Zoojaja Services for yourself or on behalf of someone else under the age of 18 for whom you are the parent or legal guardian. If you are under the age of 13, then you are not permitted to register with Zoojaja or use any feature or other part of the Zoojaja Services that requires registration.
In order to provide you with ease of access to your account and to help administer the Zoojaja Services, Zoojaja implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Zoojaja Services. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
You agree that Zoojaja owns and retains all rights to the Zoojaja Services. You further agree that the Service you access and view as part of the Zoojaja Services is owned or controlled by Zoojaja and Zoojaja’s licensors. The Zoojaja Services and the Service are protected by copyright, trademark, and other intellectual property laws.
You and other users must use the Zoojaja Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Zoojaja Services, Service and Video Player restrictions detailed above, and further agree that you will not access the Zoojaja Site or use the Zoojaja Services in a way that:
a) violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
b) uses technology or other means to access, index, frame or link to the Zoojaja Services (including the Content) that is not authorized by Zoojaja (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Zoojaja Services);
c) involves accessing the Zoojaja Services (including the Service) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Zoojaja Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
d) introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
e) damages, disables, overburdens, impairs, or gains unauthorized access to the Zoojaja Services, including Zoojaja’s servers, computer network, or user accounts;
f) removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Zoojaja Services (including the Content);
g) uses the Zoojaja Services to advertise or promote services that are not expressly approved in advance in writing by Zoojaja;
i) encourages conduct that would constitute a criminal offense or give rise to civil liability;
j) violates these Terms or any guidelines or policies posted by Zoojaja;
k) interferes with any other party’s use and enjoyment of the Zoojaja Services; or
l) attempts to do any of the foregoing.
If Zoojaja determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Zoojaja Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Zoojaja Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
8. Privacy, Use of Personal Information and Identity Protection
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Zoojaja account. If you find that you’re a victim of identity theft and it involves a Zoojaja account, you should notify Zoojaja. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Zoojaja Site or other Zoojaja Properties and not through a hyperlink in an email or any other electronic communication, even if it looks official. Zoojaja reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Zoojaja is not obligated to credit or discount a membership for holds placed on the account by either a representative of Zoojaja or by the automated processes of Zoojaja.
9. Facebook and Social Media
10. Linked Destinations and Pages
11. User Reviews, Comments, and other Materials
As part of the Zoojaja Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Zoojaja Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Zoojaja Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 7); or (ii) improperly claims the identity of another person. Please note your first and last name may appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Zoojaja the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Zoojaja will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that Zoojaja does not guarantee any confidentiality with respect to any User Material.
Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Zoojaja does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Zoojaja. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Zoojaja assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Zoojaja with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a “report” feature through the Zoojaja Services is not available for a specific instance of inappropriate User Material, please email firstname.lastname@example.org (subject line: “Inappropriate User Material”).
12. Disclaimer of Warranties, Limitation of Liability and Indemnity
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE ZOOJAJA SERVICES, YOU AGREE THAT USE OF THE ZOOJAJA SERVICES IS AT YOUR OWN RISK. THE ZOOJAJA SERVICES, INCLUDING THE ZOOJAJA SITE AND THE OTHER PROPERTIES, THE SERVICE, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ZOOJAJA DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE ZOOJAJA SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL ZOOJAJA OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “ZOOJAJA PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE ZOOJAJA SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE ZOOJAJA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE ZOOJAJA SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE ZOOJAJA PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE ZOOJAJA SERVICES (INCLUDING YOUR USE OF THE CONTENT). ZOOJAJA RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
13. Arbitration of ClaimsPLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW IT AFFECTS YOUR RIGHTS.
At Zoojaja, we expect that our service team will be able to resolve most issues you may have using the Zoojaja Services. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and Zoojaja agree to the following resolution process.
Because we prefer to resolve our issues with you directly, you agree to arbitrate with Zoojaja only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against Zoojaja, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it’s fair that Zoojaja reimburse your reasonable attorneys’ fees and costs.
If you’re not sure what all of this means, of course please feel free to ask an attorney.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with Zoojaja for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Tekniyah LLC d/b/a Zoojaja, 1621 Central Ave, Cheyenne, WY 82001 - Attn: Legal Department.
14. Governing Law
15. Export Controls
Software and the transmission of applicable technical data, if any, in connection with the Zoojaja Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
16. No Waiver/Reliance
17. Integration, Amendment and Severability
© Copyright 2015 Tekniyah LLC d/b/a Zoojaja