Terms of Service

The following are the terms and conditions for use of the Site and to any ZoomSphere services.

Jakub Mach avatar
Written by Jakub Mach
Updated yesterday

Last updated: March 31, 2015

Welcome to the ZoomSphere website at www.ZoomSphere.com (“Site”), offered by MicroMedia s.r.o. company (“ZoomSphere, “we,” or “us”). The following are the terms and conditions for use of the Site and to any ZoomSphere services. Please read them carefully. By clicking the “I Accept” button, completing the registration process, and/or using any of the Services, you agree that you (either an individual or a legal entity that you represent as an authorized employee or agent) (“You”) are eligible for an account and you agree to abide by all of these terms and conditions of the Services (the “Terms of Service” or “Agreement”). The Services are offered to you on the condition that you accept these Terms of Service without modification. Violation of these Terms of Service may result in the immediate termination of your account and any other legal and equitable remedies that we or third parties may have against you. We reserve the right to modify these Terms of Service at any time upon posting a revised version hereof. By accessing or using our Site or any of our Services, you agree to be bound by these Terms of Service, as revised from time to time. Paid Memberships & Subscriptions. We may offer paid subscriptions to our Services. All subscriptions are billed in advance on a monthly basis. The Services are month­to­month pay­as­you­go services, so we don’t provide refunds (partial or full). You are billed every month in advance for the Service(s) (at the level you have selected). No refunds for periods of inactivity will be issued. If you upgrade or downgrade your service plan, you will be charged the difference between your previous and new rates for the remainder of your term. You will be charged the new rate for your new plan on your next regular billing date. Downgrading your service plan may cause the loss of some or all content, features, functionality, or capacity of your account.

The prices of all membership plans may change upon thirty (30) days' notice to you. Such notice may be provided at any time by posting the changes to the Site or by contacting you using the contact information you have provided to us. ZoomSphere will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the Site or Services. Service fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties, excluding only Czech Republic income (federal or state) taxes.

Subscription Account, Password & Security

To register for any of our Services, you must complete the registration process by providing ZoomSphere with current, complete, and accurate information, including your e­mail address (which serves as your username), password, and payment information. You are solely responsible for protecting your passwords and take full responsibility for all activities under your accounts. You are solely responsible for any and all activities that occur under your account. You agree to notify ZoomSphere immediately upon learning of any unauthorized use of your account or any other breach of security.

Cancellation of the service

You may cancel your subscription to our Services at any time by clicking on the Account link in the navigation bar at the top of the screen on the Site. You are solely responsible for properly canceling your account through this link, and an email or phone request to cancel your account will not be considered effective for cancellation. All of your saved data will be immediately deleted from the Service upon cancellation, and this information cannot be recovered once your account is canceled. If you cancel your account before the end of your current paid-up month, Your cancellation will take effect immediately, and you will not be charged again. ZoomSphere, in its sole discretion, has the right to suspend or terminate your account and to terminate, limit, or restrict, or to refuse otherwise, any and all current or future use of the Site, any or all of the Services, or any other ZoomSphere service by any user or subscriber, for any reason at any time. If you are a subscriber to one or more Services that are terminated, limited, or restricted, such termination of the Services will result in the deactivation or deletion of your account or your access to your account as described in this paragraph.

Usage Restrictions

You agree not to use the Site or Services for any purpose that is unlawful or prohibited by these Terms of Service. You agree to abide by all applicable local, state, national, and international laws and regulations. You also agree not to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, video, software, images, sounds, data or other information) using any communications service or other service available on or through the Site or the Services, that (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or which otherwise violates these Terms of Service; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e­mail (“spamming”); (iv) imposes an unreasonable or disproportionately (in the sole judgment of ZoomSphere) large load on our computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Site, the Services, other accounts, computer systems or networks connected to the Site or the Services, through password mining or otherwise; (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of ZoomSphere or any third party; or (vi) impersonates any person or entity, including any employee or representative of ZoomSphere.

You will also not use any robot, spider, scraper, or other automated means to access the Site or any of the Services for any purpose. Additionally, You will not: (i) interfere or attempt to interfere with the proper working of the Site or Services or any activities conducted on or in connection with the Site or the Services (including, without limitation, any third­party services monitored by the Services); or (ii) bypass any measures ZoomSphere uses to prevent or restrict access to the Site or Services. You may view and print material displayed on this Site and the Services subject to the following conditions: (a) the materials may be used solely for your own personal information and not for commercial use; and (b) you must retain all copyright, trademark and other proprietary notices affixed to or contained in the original materials on any copies thereof. You may not reproduce, frame, distribute, transmit, modify, alter, reverse engineer, or prepare derivative works from this Site, any of the Services, or any portion hereof or thereof. The use of spiders, robots, and similar data-gathering and extraction tools is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark, or other proprietary interest of ours, our suppliers, or any third party. Any rights not expressly granted herein are reserved.

Copyright and Trademark Notice

This Site and all Services, including all text, images, software, and other content contained herein and therein, and the compilation and arrangement thereof, are owned exclusively by us and/or our suppliers and are protected by copyright, trademark, and other laws. All rights reserved. All trademarks appearing on this Site are the property of their respective owners. You may not use any such trademarks for any purpose without the owner's express prior written permission.

Rules of Conduct for Interactive Areas

The Site and the Services may contain interactive areas and features, such as blogs, forums, message boards, message services, and chat rooms (the “Interactive Areas”), that enable you or third parties to create, post, transmit, or store messages, text, images, photos, graphics, music, sound, data, information, or other materials, items or content on the Site and the Services (the “User Content”). You are solely responsible for your use of such Interactive Areas and the User Content and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;

  2. User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

  3. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

  4. User Content or activities that impersonate any person or entity (whether via the use of an email address or otherwise) or that otherwise misrepresents your affiliation with a person or entity or the source of any email;

  5. Transmission of any email or other communications in violation of the CAN­SPAM Act or any other applicable laws pertaining to unsolicited email, SMS, text messaging, or other communications; or the transmission of unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship;

  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, without their express permission, and any third party private financial information such as Social Security numbers and credit card numbers;

  7. Viruses, worms, defects, hoaxes, Trojan horses, corrupted data, or other harmful, disruptive, deceptive, or destructive files; and

  8. User Content that, in the sole judgment of ZoomSphere, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas (or any other portion of the Site or any Services), or which may expose ZoomSphere or its users to any harm or liability of any type. Any use of the Interactive Areas or other portions of the Site or the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site and the Services.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site or the Services of ZoomSphere provided by you in the form of email or other submissions to the Site or Service are non-confidential and shall become the sole property of ZoomSphere. ZoomSphere shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, publication, and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Accuracy of Information

While we use reasonable efforts to furnish accurate and up­to­date information, we do not warrant that any information contained in or made available through this Site or the Services is accurate, complete, reliable, current, or error­free. We assume no liability or responsibility for any errors or omissions in the content of the Site, the Services, or such other materials or communications.

Links to Third-Party Websites

For your convenience, this Site and the Services may provide hyperlinks to websites and services maintained by third parties. We do not control, evaluate, endorse, or guarantee content found in such sites or services. We do not assume any responsibility or liability for these sites' actions, products, services, content, or the parties operating them. Your use of such sites and services is entirely at your own risk.

Termination or Suspension of Access

We reserve the right to terminate, suspend, or otherwise restrict your access to this Site and the Services, or any portion thereof, at any time for any reason whatsoever, including, but not limited to, your violation of these Terms of Service or any inappropriate or unlawful behavior on your part. We shall not be liable to you or any third party for any such termination, suspension, or restriction.

Privacy / Data Protection

We may process your personal data for the purpose of performing this Agreement. You can refer to our Privacy Policy (https://www.zoomsphere.com/privacy) for details on our privacy practices.

By using the Site and the Services, you acknowledge that you may collect information that is considered personal and/or personal information that could be defined as being sensitive under applicable laws. You acknowledge that you act as a data controller, and you shall be solely and exclusively responsible for providing all the necessary controls on your website as well as obtaining any consent that you might be legally obliged to obtain from your customers.

By accepting the terms contained within this Agreement, you acknowledge, represent, and warrant that you shall comply with all Local Applicable Laws, including but not limited to applicable data protection and privacy laws, and that you shall indemnify ZoomSphere Indemnified parties against any Third Party claims related to violation of such applicable laws in the use of the Service.

You acknowledge that we act as a data processor in connection with the provision of the Services.

Applicable Laws

This website and its services are maintained from within the Czech Republic and the European Union. We make no representation that this website or its services, or any content on or accessed through this website or its services, is appropriate or available for use in other jurisdictions. You are responsible for compliance with all local laws and regulations, as applicable. Use of this website and its services, and any dispute arising therefrom, shall be governed by the laws of the Czech Republic and the European Union without regard to principles of conflict of laws.

Modifications

We reserve the right to modify, suspend, or discontinue this Site, the Services, or any portion thereof at any time, with or without notice. We shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.

Miscellaneous

If there is a determination that any provision of these Terms of Service is invalid or unenforceable under applicable law, that determination will not affect the rest of these Terms of Service, and these Terms of Service shall be deemed amended to the minimum extent necessary to make them valid and enforceable. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Our licensors and suppliers shall be deemed third-party beneficiaries under these Terms of Service for purposes of enforcing their rights in their respective intellectual property.

Disclaimer of Warranties and Limitations of Liability

YOUR USE THIS SITE AND THE SERVICES AT YOUR OWN RISK. THE MATERIALS IN THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZoomSphere AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ZoomSphere DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, WILL BE CORRECTED, OR THAT THIS SITE, THE SERVICES, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZoomSphere DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN, OR ACCESSIBLE THROUGH, THIS SITE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ZoomSphere) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

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