Updated: April 28, 2012
Welcome to ZisBoomBah (the “Site”). The Site is operated and presented to users by Online Tools for Parents, LLC. of Boulder, Colorado, USA.
2. USE OF CONTENT
The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
All information, materials, functions and other content (“Content”) contained on the Site are our copyrighted and trademarked property or the copyrighted and trademarked property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Site or delete Content or features at any time, in any way, for any reason.
Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Content, in whole or in part, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of the Site is prohibited.
3. SUBMISSION OF CONTENT
The ZisBoomBah Website is for your personal use so, you may not use ZisBoomBah for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.
At ZisBoomBah we use the word “Content” to mean any and all text, audio and visual works, such as pictures, photographs, drawings, digital images, graphics, music, video, audio, code, poems and other creative output your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that may be submitted, posted, uploaded, embedded, displayed, communicated or otherwise distributed on or through the ZisBoomBah Website, including by us, you and other ZisBoomBah users/members.
A. As a ZisBoomBah (“ZBB”) user/member you may submit “kid-friendly” content (“Content”) relating to or depicting a healthy lifestyle. While we employ our best efforts to protect the identity of our users/members, please understand that ZBB does not and cannot guarantee the confidentiality of any Content you submit to ZBB.
B. You are solely responsible for your Content and the consequences of submitting and permitting ZBB to publish your Content on the ZBB website. You affirm, represent, and warrant that the Content you submit to ZBB: a.) is in full compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 15 U.S.C. § 7701, et seq., Public Law No. 108-187, 117 Stat. 2699, as amended as well as all regulations thereto, as amended (“CAN-SPAM); b.) is in full compliance with the Children’s Online Privacy Protection Act of 1998, 15 U.S.C. §§ 6501-6506, Public Law No. 105-277, 112 Stat. 2681-728, as amended, as well as all regulations thereto, as amended (“COPPA”); c.) that you own or that you have the necessary licenses, rights, consents, and permissions to publish your submitted Content; and d.) your grant of a license to ZBB for all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the ZBB Website and it’s affiliates pursuant to these terms.
C. By submitting Content, of any matter, to ZBB, You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including the Sites, on third party web sites, and wireless platforms, products and services) for any and all purposes as it relates to the Site and its business including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
D. You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.
E. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
F. You further agree that the Content you submit to the ZBB Website will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ZBB all of the license rights granted herein.
E. You further agree that you will not submit to the ZBB Website any Content or other material that is contrary to the ZBB Content Policy (below) which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
ZBB does not endorse any Content submitted to the ZBB Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ZBB expressly disclaims any and all liability in connection with submitted Content. ZBB does not permit copyright infringing activities and infringement of intellectual property rights on the ZBB Website, and ZBB will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. ZBB reserves the right to remove Content without prior notice.
4. ZBB CONTENT POLICY
Please be advised that we work closely with law enforcement and we report child exploitation.
- Don’t post Content showing bad stuff like animal abuse, drug abuse, or bomb making.
- Graphic or gratuitous violence or imagery depicting violence in any manner whatsoever is not prohibited. If your Content shows someone getting hurt, attacked, or humiliated, do not submit it.
- Respect copyright. Only submit Content that you created or made or that you are authorized to use. This means don’t submit Content you didn’t make, or use Content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without the required authorizations.
- We do not permit and will not tolerate Content that contains hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
- We will not tolerate predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members’ personal information. Anyone caught doing these things will be permanently banned from ZBB.
- Everyone hates spam. Do not create misleading descriptions, tags, titles or thumbnails in order to increase views of your Content. It’s not okay to submit large amounts of untargeted, unwanted or repetitive Content, including comments and private messages.
- Food preparation, cooking and serving can present extreme hazards to children, therefore, Content should be prepared under the careful supervision and direction of a parent, guardian or responsible adult.
- Make sure there isn’t anything in your Content that could help a stranger figure out who you are or where you live. Personal information like your telephone number or home address should NEVER be shared! Watch out for things like license plate numbers on cars or images of the outside of your home which might accidentally appear in the background of a video and help a stranger to track you down.
- Remember, ZBB employees will never personally ask you for your password, email address, or other account information. Don’t be fooled if someone contacts you pretending to be from ZBB!
- Please remember. Take care to protect yourself by keeping personal videos private, your identity a secret, your comments clean, and by reporting abuse.
Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify ZisBoomBah of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your account at the end of each session.
6. PUBLIC FORUMS AND COMMUNICATION
“Public Forum” means an area, site or feature offered as part of the Site that offers the opportunity for users to Distribute Submissions for viewing by the Site users, including a chat area, message board or social community environment.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
We reserve the right to screen, refuse to post, remove or edit Submissions at any time and for any or no reason including, without limitation, if your Submission fails to conform to the Rules of Conduct, in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
7. RULES OF CONDUCT
The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not Distribute any Submission/content that:
(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
(b) is bigoted, hateful, or racially or otherwise offensive;
(c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or
(d) otherwise harms or can reasonably be expected to harm any person or entity;
(e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
(f) infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
(g) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the OTP Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the OTP Sites; or (i) does not generally pertain to the designated topic or theme of the relevant Public Forum; (ii) violates any specific restrictions applicable to a Public Forum; or (iii) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
8. COOPERATION; REMOVAL OF SUBMISSIONS
9. DISCLAIMERS SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO WDIG SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY OTP SITE IS PROVIDED “AS IS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER, IN PARTICULAR THE LEGAL WARRANTY FOR LATENT DEFECTS FOR USERS WHO ACCESS THE SITE IN FRANCE.
Furthermore, the Content is not intended to be a substitute for professional medical advice. Always seek the advice of your physician with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or the applicable local emergency service immediately. Reliance on any information appearing on the Site is strictly at your own risk.
The Site may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
The content the Site is intended for educational and entertainment purposes only. Such content is not intended to, and do not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
To support smooth operation of the Site across wide geographic areas, aspects of certain activities in the Site, may be simulated to avoid delays in display.
12. COPYRIGHT & TRADEMARK NOTICE
The ZisBoomBah Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, ZisBoomBah logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by ZisBoomBah or by other parties that have provided rights thereto to ZisBoomBah.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this ZisBoomBah Website, in whole or in part, without the express written permission of ZisBoomBah.
Other trademarks, service marks, product names and company names or logos appearing on this ZisBoomBah Website that are not owned by ZisBoomBah may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this ZisBoomBah Website, or frame this ZisBoomBah Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the ZisBoomBah Website in an email for commercial purposes, without the express written permission of ZisBoomBah.
You may inquire about obtaining permission by writing:
2737 Mapleton Rd.
Boulder, CO 80304
By Email: Zbb@zisboombah.com
13. LIMITATION OF LIABILITY
TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS.
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS’ LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY WDIG SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, 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, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WDIG SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.
14. JURISDICTIONAL AND VENUE ISSUES
17. GENERAL PROVISIONS
18. CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Notifications of claimed copyright infringement must be sent to:
Online Tools for Parents, LLC,
2737 Mapleton Rd.
Boulder, CO 80304
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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
- 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.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below.
To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Online Tools for Parents may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.