Terms of Service

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Terms of Service

Zoomph is a Zoomph, Inc. owned and operated product. For the purposes of the Zoomph’s Terms of Service (“Terms of Service”), “Zoomph” and “Zoomph Team” will be used interchangeably in referring to the persons
responsible for implementing and enforcing Zoomph. The term “User(s)” will be defined as a person(s) utilizing the Zoomph service. The term “Account Representative” is used to define the Zoomph representative that interacts with
“Users”.

I. Terms of Product

1. About Zoomph

Zoomph is a service that provides social curation, analytics, and visualizations, in addition to a litany of influencer and geo-targeting tools. Users of any part of the Zoomph platform are subject to adhering to these Terms of Service. By utilizing
and accessing any part of Zoomph.com or a by-product webpage thereof, you agree that you have read, understood, and will adhere to the Terms of Service. Zoomph reserves the right to amend the Zoomph Terms of Service at any time.

2. Prohibited Conduct

Zoomph Users may not use Zoomph services in any way that adversely affects other Zoomph users or infringes upon the intellectual property rights of Zoomph. This includes, but is not limited to:

  1. Accessing the Zoomph system for the purposes of creating services and product features mimicking, or perceived to mimic those of Zoomph. This includes user-interface designs, workflows, and service-offerings. Access or use the Zoomph services, content,
    documentation in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party. You further agree to comply with all applicable international, federal, state and
    local laws, rules, regulations, directives and governmental requirements ("Laws") relating to your use of the Zoomph system.
  2. Gaining or attempting to gain unauthorized access to servers or services. Such attempts include: “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, probing,
    monitoring or testing for system or network vulnerabilities.
  3. Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots, cross-site scripting, SQL injection or other computer programming routines that are intended to damage, detrimentally interfere with,
    surreptitiously intercept or expropriate any system, data or personal information.
  4. Using Zoomph for illegal, unauthorized or other improper purposes.

3. Registration Service

Users of Zoomph must provide their real names and information (including physical contact address and email), to ensure security and accountability for accounts. While registering, Users make the following commitments to Zoomph, in order to maintain
said security:

  1. Users will not provide any false personal information to Zoomph
  2. Users will keep their contact information and billing information accurate and up-to-date.
  3. Users will not use another individual’s name or personal information without his or her consent, or be subject to applicable fraud and legal action

4. Payments

Zoomph accepts Visa, MasterCard, and Discover credit cards as forms of payment. Please see the Zoomph Pricing Page or contact an account representative at 1-855-839-8100 for more information. Payment for a User’s
account activity is facilitated via an online payment system.

Zoomph Monthly Subscriptions

The Zoomph Monthly Subscription is an automatic recurring monthly subscription service. By signing up for a Monthly Zoomph Subscription and by entering a payment method, you authorize Zoomph and/or our third party payment processor to automatically charge your payment method an amount that correlates to your chosen Feature Package and Data plan so long as your account is active. These payments WILL BE AUTOMATICALLY RECURRING UNLESS AND UNTIL YOU DEACTIVATE YOUR ACCOUNT. If you wish to end your subscription and cease automatic recurring billing, you must deactivate your account and can do so by navigating to
the Account Settings page.

The entered payment method will be charged for one month of service upon initial sign-up and then one month (30 days) and one day after the account’s initial sign-up on a monthly recurring basis. The amount charged at this period and each subsequent
month while holding an active subscription with Zoomph, will correlate to the user’s chosen Feature and Data plan.

Zoomph Annual Subscriptions

By signing up for a Yearly Zoomph Subscription and by entering in payment information, you authorize Zoomph and/or our third party payment processor to charge your payment method upon initial sign-up. Upon the conclusion of the yearly subscription period,
your account will be temporarily locked until a renewal payment is submitted.

Zoomph Visual Impressions

By signing up for either a monthly or annual Zoomph subscription, you will be allowed a number of visual impressions per month. A visual impression represents one page load of a single Zoomph visual. During a month, Zoomph will monitor the total amount
of visual impressions that all your Zoomph visuals are attracting. Should your actual monthly impressions exceed your allowed monthly Zoomph impressions for any month, Zoomph will bill you for the additional impressions. Failure to pay for additional
impressions may result in your visuals being disabled until resolved.

Declined Payments

If at any point during the lifetime of your active subscription we are unable to successfully process a payment to your account due to an expired credit card, declined payment, and/or a related error, you will receive a notice and via an account notification
and email. You will be given three (3) days from the date of the failed payment to submit an updated payment method. Upon update of payment information, the new will be payment method immediately charged to reconcile the failed payment, and your billing
cycle will be reset.

If an updated payment method is not remitted within three days of date of failed payment, your account will be deactivated. Your feed and visuals will be kept for 30 days at which point all data in your will be deleted.

Deactivation and Downgrades

Users can cancel their accounts at any time using the deactivation feature found under your account settings. Deactivating your subscription means that your account will be cancelled and you will no longer be billed. Feed and visuals will also be deleted.
Zoomph is not responsible for retrieving past messaging items (i.e. public social media content) after cancellation. There are no refunds for partial months.

Zoomph and/or its representatives are not responsible for deactivation of your subscription unless a contractual agreement is established with a Zoomph representative stating otherwise.

If you would like downgrade your current package or data plan, you may contact your Zoomph account representative, or email your request to our Customer Experience team at support@zoomph.com. A downgrade may result
in deletion of data and visuals to accommodate for functionality supported in each of the respective subscriptions packages.

Refunds

Zoomph WILL NOT ISSUE REFUNDS FOR ANY VALID PAYMENTS MADE TO ACTIVE ACCOUNTS. Valid payments are defined as charges incurred by the subscriber on an active in an amount correlating to the account’s corresponding Feature Package
and Data plan, as well as any Feature package or Data Plan upgrades.

Zoomph IS NOT RESPONSIBLE FOR ANY CHARGES INCURRED ON AN ACTIVE SUBSCRIPTION DUE TO A FAILURE TO DEACTIVATE THE SUBSCRIPTION BEFORE THE BEGINNING OF A BILLING CYCLE. We are also not responsible for payments incurred on "unused"
active accounts.

If you wish to dispute any charges, you must notify Zoomph within sixty 60 days after the date of the disputed invoice. Under no circumstances will Zoomph issue a refund for transactions more than 120 days old.

Any requests for a refund will be met in accordance to these terms.

Credits

Zoomph, may at its sole and absolute discretion, issue Credits at any time to, to anyone, for any reason. Credits can be issued in the form of complimentary subscription periods, promo codes, complimentary upgrades, discounts, or other considerations.
The form and amount of any such credits are at our sole discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

5. Upgrading Your Account

Users have the right to upgrade their accounts at any time, and also retain the right to move from monthly to yearly payment at any time. If upgrading between monthly packages, the User’s bill and expected payment will reflect the account upgrade
on the next statement. Annual charges are expected to be paid at time of upgrade.

6. Accountability/Liability

Messaging displayed via the Zoomph service does not reflect the values, opinions or judgments of Zoomph. The Zoomph User will not falsely publish information on behalf of a user. Zoomph Users are not liable for any computer viruses or any other harmful
content that can be passed via links in posted Tweets, Facebook Posts/Comments, Instagram’s, Google+ Posts/Comments or passed to other users via the Zoomph service. Zoomph Users and viewers of the display outputs assume responsibility for any
potentially threatening content posted that can be passed through the Zoomph service. Any links and websites promoted via the Zoomph service do not qualify as an endorsement for said website by Zoomph. The Zoomph service is dependent upon the Twitter,
Facebook, Instagram, and Google+ APIs (Application Programming Interface). If the Zoomph service is down due to limited access provided through these APIs, Zoomph is not responsible for any lag in service, nor are the providers of those APIs. By creating
a Zoomph service account you acknowledge that this service is dependent upon APIs that are not controlled by Zoomph. View real-time Twitter API availability and performance status at http://dev.twitter.com/status.
Current real-time Facebook API availability and performance status can be found at https://developers.facebook.com/live_status/. Current Google+ availability and performance status can be viewed
at https://developers.google.com/+/api/

Zoomph makes no representations and/or warranties regarding uptime for the Zoomph service. By making a conscious decision to login to the Zoomph service or view the webpages associated with the feeds of Zoomph, you understand and agree that Zoomph and
its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. You agree to defend, indemnify and hold harmless Zoomph, its
contractors, partners, and its licensors, and their respective affiliates against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Zoomph service.

7. Service/Website updates

Service and website updates will be made routinely and do not require notification to Zoomph Users.

8. Service Level Agreement

Zoomph does not guarantee any up-time of its services. Zoomph inherits the service level agreements of the APIs from which Zoomph consumes content (i.e., Facebook, Twitter, Instagram, or Google+). Zoomph does not guarantee the offering of any of its
social sources. At any time, Zoomph can desist working with any APIs of the social media sources from which it consumes content without notice or liability.

Below outlines the service levels provided through the APIs from which Zoomph consumes content:

  1. Twitter does not guarantee Zoomph and Zoomph’s customers any up-time of the Twitter service. This includes, but is not limited to: the ability to view a Tweet in its native environment on Twitter.com; the ability to initiate a retweet, reply
    or favorite from the Zoomph interface; and the ability to collect Tweets published on Twitter.com and collection of any data accompanying a Tweet.
  2. Through Zoomph’s services, Twitter reserves the right to limit the calls (search requests) you make to Twitter. This may affect the number of Tweets you will be able to collect in the Zoomph platform and collection of any data accompanying a
    Tweet.
  3. Instagram does not guarantee Zoomph and Zoomph’s customers any up-time of its services. This includes, but is not limited to: the ability to view an Instagram in its native environment on Instagram.com; and the ability to collect Instagrams published
    on Instagram and collection of any data accompanying an Instagram.
  4. Instagram reserves the right to limit or block applications that make a large number of calls (search requests) to the API. This may affect the number of Instagrams you will be able to collect in the Zoomph platform and collection of any data accompanying
    an Instagram.
  5. Facebook does not guarantee Zoomph and Zoomph’s customers any up-time of its services. This includes, but is not limited to: the ability to view the Post or Comment in its native environment on Facebook.com; and the ability to collect Posts and
    Comments published on Facebook.com and collection of any accompanying data of a Post or Comment.
  6. Through Zoomph’s services, Facebook may limit the calls (search requests) you make to Facebook. This may affect the number of Posts and Comments you will be able to collect in the Zoomph platform and collection of any data accompanying a Post
    or Comment.
  7. Google+ does not guarantee Zoomph and any of Zoomph’s customers any up-time of its services. This includes, but is not limited to, the ability to view Posts or Comments in its native environment of plus.google.com; and the ability to collect
    Posts and Comments published on plus.google.com and collection of any accompanying data of a Post or Comment.
  8. Through Zoomph’s services, Google+ may limit the calls (search requests) you make to Google+. This may affect the number of Posts and Comments you will be able to collect in the Zoomph platform and collection of any data accompanying a Post or
    Comment.

9. Content & Imagery

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content acquired via using the Zoomph platform and, we cannot take responsibility
for such Content & Imagery. Any use or reliance on any Content or materials posted via the Zoomph platform or obtained by you through the Zoomph platform is at your own risk. We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Zoomph platform. You understand that by using the Zoomph platform, you may be exposed to Content that might be
offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Zoomph be liable in any way for any Content or Imagery, 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 Zoomph platform or broadcast elsewhere.

By uploading or providing Zoomph imagery to place on display in affiliation with your moderated Zoomph feed, you confirm that the said imagery is in fact your property to publish, or you have received permission to publish. Zoomph reserves the right
to remove any imagery that is believed to break copyright law, without prior notice. Accounts of repeat infringers can be deactivated without prior notice.

10. Exporting Zoomph Data

As a paying customer of Zoomph, you may export any data provided by Zoomph via direct export or Zoomph APIs. Data provided by Zoomph includes, but is not limited to, sentiment, ZPoints, gender, ethnicity, age range, and affinity data. This data may
be exported directly to any CRM or Marketing Automation product.

Zoomph data integrated into any system cannot be exported or shared via any API from such systems without written approval of Zoomph.

You cannot sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, to Zoomph data without written approval of Zoomph.

Should you terminate your use of Zoomph, you agree to delete all Zoomph data within all your systems within 7 days of termination and shall provide Zoomph written confirmation of having done so.

11. Trademarks

Zoomph is a trademark of Zoomph, LLC. Use of Zoomph Services grants no right or license to reproduce or use Zoomph products or third-party trademarks.
The following are additional trademarks associated with the Zoomph name:

  1. ZOOMPH
  2. ZPOINTS
  3. ZOOMPH (Design plus words)
  4. ZPOINTS (Design plus words)
  5. REAL-TIME INFLUENCE MATTERS

12. Communication

Any issues, concerns, or questions should be directed to the Zoomph Team via the Contact Us page or via email to support@zoomph.com. For urgent concerns it is recommended
that communications be directed to the Zoomph Team via the Contact Us page to ensure timely and prompt response. For issues, concerns, or questions regarding any Zoomph customization, please contact your Zoomph
Account Representative.

13. Testimonials

By using the Zoomph service, you give permission for Zoomph to use any public display outputs produced by your use of the service and your organization name in product endorsements, case studies, or any other use to produce material that could be used
for marketing purposes of the Zoomph product.

14. Audit usage

By using Zoomph, you give consent to Zoomph to audit any and all accounts at any given time. This is to ensure your use of the application is safe for users, that you are abiding by the Terms of Service, and that you are refraining from any activity
mentioned in Section 2, Prohibited Conduct.

15. Passwords

Users of Zoomph are responsible for safeguarding their password. Zoomph is not responsible for repercussions of lost or stolen passwords that are not a direct result of Zoomph system management and liability. Zoomph recommends the use of “strong”
passwords, that are defined by combining letters, numbers, and both uppercase and lowercase letters. Zoomph is not liable for any loss or damage arising from your failure to comply with the above requirements or if your computer is left unattended
and passwords are manipulated. When logged into Zoomph and the Zoomph service window is left unattended for an extended period of time (as defined by the system) the service will automatically log you out and you will need to login again to access
your account. If for any reason you believe your account password is compromised please reset your password through the Zoomph login page.

16. Representations and Warranties

Zoomph represents and warrants that we own or control our platform and services. You represent and warrant that (a) you own all customer content or have obtained all rights, approvals, licenses, consents and permissions as are necessary to grant the
licenses to the customer content granted by you to us and (b) the customer content does not, and will not, infringe, violate or misappropriate any third party’s rights, including any intellectual property rights. You acknowledge and agree that Zoomph
does not control, and therefore we do not make any promise, warranty or other assurance with respect to, any of the social media feeds you create, collect information, and use.

17. Termination

Zoomph reserves the right to terminate any customer’s use of Zoomph at its discretion at any time. This includes access to and use of the Zoomph public-facing site and its services. Reasons for termination may include, but are not limited to,
failure to pay outstanding balance, copyright infringement, actions deemed to create risk or possible legal exposure for Zoomph, presumed illegal activity through state and national ordinances, or any other action that breaches the Zoomph Terms of
Service. The Zoomph service account holder will be notified of service termination(s) via email or at the next attempt to access the account. Users may also delete their accounts or disable their applications of Zoomph at any time. In all such cases,
if no outstanding issues or payment exist, this Statement shall terminate. If an account is terminated for a violation of the terms of service, the Users associated with that account will not receive a refund.

18. Copyright or Intellectual Property Infringement

Zoomph is committed to helping people and organizations protect their intellectual property rights and ask you to do the same. If you believe that your work has been violated in a way that constitutes copyright infringement, you may notify Zoomph. Zoomph
will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”)
summarized below.

If you believe that any User Content or other material residing on or accessible through the Site or Services infringes a copyright, please send a written notification of copyright infringement by regular mail (not e-mail) to the following “Designated
Agent” for purposes of receiving notice under the DMCA relating to the Site and Services:

Zoomph Inc
1856 Old Reston Ave
Suite 215
Reston, VA 20190

All written notifications must include the following:

  1. A physical or an electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  2. A description of the alleged copyrighted work or other intellectual property that you claim has been infringed;
  3. A description directing Zoomph to where the material that you claim is infringing is located with reasonably sufficient information to permit Zoomph to locate and identify the material;
  4. Your contact information, including your address, telephone number, relevant social media handles and email;
  5. A statement by the complaining party that has 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
  6. A statement by you that the information in your notice is accurate, and made under penalty of perjury, that the copyright or intellectual property owner or authorized party to act on the copyright or intellectual property owner’s behalf.

Once the completed infringement notification is received by the Designated Agent, it is Zoomph’s policy to (a) remove or disable access to the infringing material; (b) notify the provider of the material or user that is has been removed or disabled
access to such material; and (c) terminate repeat infringers’ access to the Site and Services.

II. Terms of Website

By accessing this web site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials in this web
site are protected by applicable copyright and trade mark law.
Under this license you may not:

  • Modify or copy materials for your own commercial purposes
  • Attempt to decompile or reverse engineer any software contained on Zoomph.com’s website
  • Transfer the materials to another person or “mirror” the materials on any other server

Zoomph may revise these terms of use for its web site at any time without notice. By using this web site, you are agreeing to be bound by the current version of these Terms and Services.

III. Terms of Marketing Materials

1. Use License

Permission is granted to download any copies of Zoomph Marketing Materials available on the website, Zoomph.com, as long as use is for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under
this license you may not:

  • Modify or copy the materials
  • Use the materials for any commercial purpose outside of branding for Zoomph, and its properties
  • Remove any logos, copyrights, or other proprietary notations from the materials for any reason

This license shall automatically terminate should you violate any of these restrictions, and may be terminated by Zoomph at any time. Upon terminating this viewing license, you must remove any downloaded materials in your possession whether in electronic
or printed format.

2. Branding Partnerships

All interested partners must contact Zoomph from the Contact Us page prior to branding on its behalf. To learn about Zoomph branding standards and requirements, Users must first read through the Zoomph Branding
Guidelines. Compliance with Zoomph Brand Guidelines at all times is an understood agreement as part of these terms of service. Zoomph reserves the right to terminate a partnership at any time, and take appropriate action in instances of unlawful branding
and copyright infringement.

Last updated: 09.27.2016