Terms of Service

Please Read Carefully

Terms of Service

Last updated: April 3, 2018

Our Terms of Service, which includes our Privacy Policy, API Terms of Use, and Data Safety and Security Information, updated effective April 1, 2018. Our goal is to be open, transparent, and to make it easy for you – our clients users, and visitors – to understand the choices and control you have over your data.

GDPR and Privacy Guidance: We make it easy to understand how we handle and where we process data, including what you see and simple process to request the insights you we have and the ability to adhere to GDPR requirements. Learn more.

Data Safety and Security Information: We want our clients and their respective users to understand that Zoomph’s Services include visualizations and data collection that are safe with Zoomph. There are numerous steps we take to ensure security of data processing. Learn more.

Application Programming Interface (API) Terms of Use. We make APIs available to third-party developers such as you to create applications to further human understanding through personalized data. However, we have specific business policies that allow us to enforce action against those users, developers, and clients that violate what’s acceptable. Learn more.

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 an audience data and activations platform for marketers. Our platform gives you access to real-time social data and our database of 350 million buyer profiles to help you understand your consumers in the context of their daily lives. Over 500 brands and agencies trust Zoomph to analyze massive amounts of earned and owned data. While our analytics tools make sense of data, our activation tools let you easily create hyper-personalized campaigns. 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, unless agreed upon in writing by 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 Zoomph 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. You must not (a) make the Zoomph Platform available to anyone other than to your Authorized Users within your Account; (b) allow or enable access to Zoomph to people who are not direct employees of, or contractors to your organization; (c) allow multiple users to share the same user credentials; (d) sell, trade, or otherwise transfer your Accounts users to another party; or (e) authorize, permit, or encourage any third party to do any of the above. Please contact Zoomph Customer Support to learn more about Agency Licensing and Sales for reselling opportunities.
  5. Using Zoomph for illegal, unauthorized or other improper purposes. This includes protected classes including surveillance, law enforcement and targeting minors and minorities.
  6. For any use in violation of our social media partner TOS, including Facebook, Twitter, Instagram, Google, YouTube and Salesforce Chatter.
  7. Unauthorized commercial use of User Generated Content (UGC) content where consent has not been given from users.
  8. You WILL NOT store Zoomph Data indefinitely or be exported to any other data co-op; and Zoomph data will need to be released upon termination of subscription.
  9. You may not use the Zoomph Services and/or APIs if your intent is for Law Enforcement.
  10. You may not use the Zoomph Services and/or APIs in any Application, Software, Program, Database that includes adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of age, or otherwise violates any applicable law or regulation.
  11. You may not leverage Zoomph’s appended data from your systems for Law Enforcement tools (specifically for surveillance) and/or using user-generated content to create misinformation and hoaxes on social media or for advertisement.

3. Registration Service

You as a user of Zoomph must provide your real name and information (including organization name, physical contact address, phone number and business email), to ensure security and accountability for accounts. While registering, you are making the following commitments to Zoomph, in order to maintain said security:

  1. You will not provide any false personal information to Zoomph
  2. You will keep their contact information and billing information accurate and up-to-date
  3. You 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. You will also be required to authenticate your respective social media accounts to verify ‘Administration Rights’ to specific social media accounts integrated with Zoomph to collect approved data to effectively use Zoomph Services

4. Payments

Zoomph accepts American Express, 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 Grandfathered Accounts
The Zoomph Monthly Subscription is a legacy program that is no longer available. If you have a legacy monthly subscription plan it’s an automatic recurring monthly subscription service. 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.

If you are 30-days past due on your billing, Zoomph can terminate the account at its sole discretion, including deletion of historical data and activations. Zoomph is not obligated to offer a monthly subscription once an account is terminated.

Zoomph Annual Subscriptions

By signing up for a Yearly Zoomph Subscription (Platform or API) 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. If your account is not renewed within 30 days from the expiration date, your account may be temporarily locked at the sole discretion of Zoomph. For accounts that are more than 60-days post expiration term, Zoomph has sole discretion to delete the account, including removal of historical data and activations.

Zoomph Visual Impressions

By signing up for a 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 (Widgets, Forms, Surveys, Microsites, etc). 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 five (5) business days from the date of the failed payment to submit an updated payment method. Upon update of payment information, the new payment method will be immediately charged to reconcile the failed payment.

If an updated payment method is not remitted within five (5) business 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 will be deleted.

Deactivation and Downgrades

Legacy monthly subscription 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 canceled and you will no longer be billed or have access to legacy pricing. 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 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

You have the right to upgrade your account at any time, and also retain the right to move from monthly to yearly payment at any time. If upgrading between monthly packages, your bill and expected payment will reflect the account upgrade on the next statement. Annual charges are expected to be paid at time of upgrade. Please contact our Customer Experience team at support@zoomph.com to discuss upgrade options.

6. Security & Accountability/Liability

In providing you Zoomph Services we shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your data and the personal data of your end-users. These safeguards include encryption of your data in transmission (using SSL or similar technologies), except for external third-party integrations that do not support encryption, which you may link to the Service at your risk. We agree to promptly notify you in the event that Zoomph learns or has reason to believe that any person or entity has breached Zoomph’s measures or has gained unauthorized access to your data (“Information Security Breach”). Upon any such discovery, Zoomph will: (a) investigate, and mitigate the effects of the Information Security Breach, (b) use Our best efforts to ensure that such Information Security Breach will not recur, and (c) assist you in remediation of the Information Security Breach. We shall use commercially reasonable efforts to promptly and properly deal with inquiries and requests from you in relation to the processing of your data.

You agree that Zoomph can access your account to include your authenticated social media accounts to respond to your service requests and/or as necessary, in our sole discretion, to provide you with the services. We will not disclose such data except if compelled by law, permitted by you, or pursuant to the terms of the Zoomph’s Privacy Policy, which is available at Zoomph.com and is incorporated into these Terms. We agree to store, use and process your business contact information, including names, business phone numbers, and business e-mail addresses only to the extent necessary to provide You the Services. We will not disclose such business contact information to third parties except if permitted by You in writing.

The Privacy Policy governs our treatment of any information, including personally identifiable information, you submit to us. You acknowledge that Your submission of any information, statements, data, and content to Us is voluntary on Your part. The Privacy Policy is incorporated into this Agreement by reference.

For Your personal data or personal information (collectively, “Your personal data”) received by Zoomph from the European Union (EU) in any form or format with respect to any identified or identifiable person covered by the European Union General Data Privacy Regulation, Zoomph agrees to comply as follows: (i) when acting in the capacity of a data processor, Zoomph only acts on Your instructions and does not control or share Your personal data without direction from You and (ii) when acting in the capacity of a data controller, Zoomph will adhere to the EU Safe Harbor Privacy Principles regarding the collection, use and retention of personal information from European Union member countries.

Messaging displayed via the Zoomph service does not reflect the values, opinions or judgments of Zoomph. Zoomph is 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, YouTube Videos/Comments, 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, inappropriate or offensive 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.

By making a conscious decision to login to the Zoomph service or view the webpages associated with the Zoomph Service, 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 you as a Zoomph user.

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, YouTube or Google+, Salesforce, Dynamics CRM Online, and Adobe). Zoomph does not guarantee the offering of any of its social and enterprise data 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. YouTube 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 Videos or Comments in its native environment of youtube.com; and the ability to collect Videos and Comments published on youtube.com and collection of any accompanying data of a YouTube or Comment.
  10. Through Zoomph’s services, YouTube may limit the calls (search requests) you make to YouTube. This may affect the number of Videos and Comments you will be able to collect in the Zoomph platform and collection of any data accompanying a Video 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. Campaign Owners Responsibilities

If you are a client running a campaign via Zoomph services, you are solely responsible for all activities required to manage, design, and operate your Campaign, including but not limited to (i) the creative design of a Campaign; (ii) Establishing your own Terms of Services and Privacy Policy to implement the Campaign Rules and Regulations; (iii) Operating each Campaign in accordance with proper documentation and applicable laws, and the terms and conditions of applicable Third Party Sites; (iv) establishing Campaign Terms with the campaign participants with respect to their participation and consent to the collection and use of participant PII, and use of Generated Content for marketing purposes; (v) issuing all communications to campaign participants regarding the Campaign; and (vi) selecting winners and obtaining, at your cost, all prizes. You as the campaign owner are liable for the compliance of campaign participants with all of the terms and conditions of this Agreement.

To the extent you as the Campaign Owner retrieves, uses, and/or displays Third Party Participation Data, you will strictly comply with all applicable terms and conditions of those Third-Party Sites.

YOU MAY ELECT TO USE ZOOMPH TO COLLECT CAMPAIGN DATA TO INCLUDE SOCIAL MEDIA USER DATA AND ANALYTICS AND 1ST PARTY DATA TO INCLUDE PII. ZOOMPH WILL NEVER SELL OR SHARE ANY CAMPAIGN DATA.

IF YOU USE ZOOMPH AUDIENCE ANALYTICS AND SEGMENTATION FOR FACEBOOK AD CAMPAIGNS, YOU WILL BE ASKED TO ALSO ACCEPT FACEBOOK’S TERMS OF SERVICE. THIS WILL ALLOW YOU USE YOUR DATA ON ZOOMPH TO SEGMENT AND OPTIMIZE YOUR AUDIENCES WITHIN FACEBOOK ADS.

11. Campaign Data Use

You grant Zoomph a limited, non-exclusive, royalty-free, worldwide license to display, perform and transmit Your Campaign Activations and design materials solely as part of the Campaign.

You as the Campaign Owner grant Zoomph a limited, non-exclusive, royalty-free, worldwide license to use Campaign Participation Data (data from your end-users that submit 1st party data to Zoomph) as necessary to provide the Services, including but not limited to the right to store and use Campaign Participation Data to:

  1. Generate and display Campaign and Audience Analytics
  2. Process participant entries and (c) issue communications to participants via email or by posting on your web properties, only if and as initiated by participants
  3. To Segment Audience and save Segmentation based on Interests and Traits to develop Facebook Audiences for Facebook Ad Retargeting and Developing Look-alike-Audiences
  4. Apply de-identified customer information you send to us to improve the overall quality of our Data matching process, services, or other data quality improvements for analytics or content personalization applications

If Your Campaign Participation Data includes participant PII, or Campaign Owner elects to use the Services to collect participant PII, you as the Campaign Owner will obtain all legally required consent from participants as necessary. You as the Campaign Owner is solely responsible for complying with applicable data privacy, gambling and other laws that govern the collection and use of PII. You as Campaign Owner agrees that the retrieval, use, and display of participant data including PII may require Campaign Owner to comply with additional terms and conditions with Zoomph and/or the applicable Third-Party Sites. Zoomph has no obligation to comply with your privacy policy or a Third-Party Site, or to undertake compliance with laws applicable to your business or marketing activities.

You as Campaign Owner is solely responsible for the collection, accuracy, legality, and appropriateness of all Campaign Data. Zoomph is not responsible for any Data which is delayed, lost, or altered during transmission across networks not owned and/or operated by Zoomph or its agents. Zoomph has no duty to retrieve, or dispose of Campaign Data, unless disposal is requested by you or the participant in writing.

12. Exporting Zoomph Data

As an active and 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, demographics, interests, segmentation, and affinity data. This data may be exported directly to any of your systems.
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 or any data derived from Zoomph data without written approval of Zoomph.

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

13. Trademarks

Zoomph is a trademark of Zoomph, Inc. 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)

14. 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.

15. Federal Government End User Provisions

If you are a U.S. federal government end user, this Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, this Service is licensed to you with only those rights as provided under the terms and conditions of these Terms.

16. 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.

17. 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.

18. Passwords

You as a user of Zoomph are responsible for safeguarding your 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.

19. Representations and Warranties

Zoomph represents and warrants that we own or control our platform and services. You represent and warrant that (a) you own rights to all published content on your publicly accessible visuals and activations or have obtained all rights, approvals, licenses, consents and permissions as are necessary to grant the licenses to the published content granted by you to us and (b) the published 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.

20. Termination

Zoomph reserves the right to terminate any customer’s use of Zoomph at its sole 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.

You may also delete your account or disable your applications of Zoomph at any time. In all such cases, if no outstanding issues or payment exist, this Statement shall terminate. If your account is terminated for a violation of the terms of service, you will not receive a refund.

21. 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 website, you are agreeing to be bound by these website 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 website 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.