Terms of Use

Terms of Use

Introduction: Thank you for visiting www.zoomdojo.com. Zoomdojo LLC (“Zoomdojo,” “we,” “us” or “our”) provides the information on this website to visitors (“you” or “your”) subject to these Terms and Conditions of Use (“Terms of Use”). These Terms of Use apply to your use of www.zoomdojo.com, including any successor or affiliated website, as well as any Zoomdojo-provided pages, feeds or other applications which include a link to these Terms of Use (the “Website”), whether accessed from a personal computer, mobile device or any other means. Your use of such pages, feeds or other applications may be subject to other platform-specific terms and conditions, which should also be consulted.

Please read these Terms of Use and our Privacy Policy carefully. By accessing, viewing, or using the Website, you indicate that you understand and fully accept these Terms of Use, and our Privacy Policy. These are binding agreements between you and Zoomdojo. If you do not accept these Terms of Use and our Privacy Policy, you should not access, view or use the Website in any manner.

We reserve the right to change these Terms of Use, in whole or in part, at any time by posting new Terms of Use at this location. You should check these Terms of Use from time to time for changes. Your use of the Website is governed at all times by the then-current Terms of Use. Your continued use of the Website following any changes to these Terms of Use will constitute your acceptance of such changes.

To use the Website, you must be 13 years of age or older. Those under the age of 18 or the age of majority in your jurisdiction should use the Website only under the supervision of a parent, legal guardian or other responsible adult.

 

  1. Your Account. To access certain features of the Website, you may be asked to create an account and provide Zoomdojo with certain information, including, without limitation, a valid e-mail address. You agree that the information you provide to Zoomdojo about yourself will be accurate, current and complete. Any such information that you provide will be treated in accordance with our Privacy Policy. If you select, or are provided with, a user name or password for the Website, you must treat such information as confidential and not share it with anyone else. You are responsible for any activities associated with your Zoomdojo account. We reserve the right to disable your user name or password at any time if we determine, in our sole discretion, that you have failed to comply with these Terms of Use.
     
  2. Your Conduct and Use of the Website.
     
    1. You agree that you will not use the Website for any purpose that is unlawful or contrary to these Terms of Use. You may not use the Website in any manner that could damage, disable or impair the Website. You may not attempt to gain unauthorized access to any account, data, computer system or network associated with the Website. You agree not to use any device to search the Website other than the tools provided on the Website or generally available third party web browsers. You further agree not to violate or attempt to violate the security of the Website, to use any data mining or extraction methods, or to reverse engineer or decompile any parts of the Website.
       
    2. Without limiting the foregoing, you agree not to do any of the following:
       
      1. transmit, post, distribute, store or destroy content in violation of any applicable law or regulation, including any law or regulation governing the protection of personally identifiable information, or breach our Privacy Policy;
         
      2. take any action that imposes an unreasonable or disproportionately large load on the Website or its infrastructure;
         
      3. violate or attempt to violate the security of the Website, including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
         
      4. aggregate, copy or duplicate in any manner any of the Website content, other than as permitted by these Terms of Use;
         
      5. post any false or misleading content or material that encourages illegal activities or provides instructional information about illegal activities or other activities prohibited by these Terms of Use;
         
      6. post or submit any résumé or apply for any job under an assumed name or the name of another person or post or submit any false biographical information;
         
      7. refer any contact from an employer to any recruiter, agency or other third party;
         
      8. access data not intended for you or log into a server or account which you are not authorized to access;
         
      9. post content that contains restricted or password-only access pages, or hidden pages or images;
         
      10. solicit passwords or personally identifiable information from other users;
         
      11. delete or alter any material posted by any other person or user;
         
      12. harass, incite harassment or advocate harassment of any group, company, or individual;
         
      13. use the site for commercial purposes such as the sending of unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting or advertising products or services to any user, or contact any user who has expressly asked not to be contacted by you;
         
      14. attempt to interfere with the Website’s services or functions, including without limitation by introducing a virus, overloading, flooding, spamming, mailbombing or crashing the Website, or
         
      15. use the Website for any unlawful purpose or any illegal activity, or post or submit any content, résumé, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or which could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined in our discretion.
         
    3. Violations of system or network security may result in civil and criminal liability. Zoomdojo may investigate potential violations and may approach and cooperate with law enforcement authorities in connection with any such violations
       
  3. Third Party Websites, Content, Products and Services.
    1. The Website may display links to or information regarding third party websites. Zoomdojo has not independently confirmed the completeness, accuracy or availability of those third party websites or that information. You agree that Zoomdojo is not responsible for the availability of, or content provided on, third party websites. You should refer to the policies posted by the other websites regarding privacy and terms of use before you use them.
    1. If you choose to use the content or services of, purchase products from, or provide information to a third party, your relationship is directly with the third party, and Zoomdojo is not responsible for any of the third party’s products, services, or actions. In addition, a link to a non-Zoomdojo website does not mean that Zoomdojo endorses or accepts any responsibility for the content, or the use, of such website.
    1. No permission is hereby granted to you to link from any other website to any portion of the Website, or to frame any content contained on the Website without Zoomdojo’s prior written permission.
    1. It is up to you to take precautions to ensure that whatever you select for your use on the Internet is free of such items as viruses, worms, trojan horses and other items of a destructive nature. No user or third party is authorized to use any software, bots, spiders or other information-gathering devices or programming routines to monitor, copy or otherwise “mine”information displayed on the Website for display on or use with any website or service other than search engines. We request that you do not “deep link” to interior pages on the Website.
  1. Orders for Products and Services. We may make certain products and services available for purchase by users of the Website. In connection with such purchases, we will ask you to provide certain information, including, without limitation, payment and other information. You agree that Zoomdojo may store and use information you provide (including credit card information) to maintain your account and bill you for our products and services. Such information will be treated in accordance with our Privacy Policy. You agree to pay in full all charges incurred by you in connection with such purchases, and you are responsible for paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS THAT YOU USE TO ORDER ANY PRODUCTS OR SERVICES ON THE WEBSITE.
     
  2. Termination of Use. If you breach any of these Terms of Use, your authorization to use the Website automatically terminates, and you must immediately cease using any online or printed materials from the Website. Zoomdojo reserves the right to block your admission to the Website at any time. Zoomdojo further reserves its right to pursue all of its legal remedies, including without limitation removal of any content you have posted on the Website and immediate termination of your registration and your right to access the Website.
     
  3. User Generated Content.
     
    1. The Website may permit you to post content from time to time, including personal information, comments, testimonials and other material (“Submissions”). You are solely responsible for the content of any Submission you may make to the Website, and you represent and warrant that you have obtained all necessary permissions, consents or licenses to use, transmit, publish, create derivative works of and grant the licenses hereunder relating to such content. Zoomdojo cannot review every Submission and is not responsible for the content thereof, nor does Zoomdojo endorse any opinions expressed in a Submission. Zoomdojo reserves the right to delete, move, edit or refuse to post any Submission that Zoomdojo, in its sole discretion, deems to be abusive, harassing, defamatory, obscene, in violation of copyright or trademark laws or otherwise inappropriate. To protect other users of the Website from commercial solicitation or for other appropriate reasons, Zoomdojo reserves the right to restrict the number of Submissions you may make. Zoomdojo reserves the right to discontinue your Submission privileges if you violate these Terms of Use.
       
    2. Zoomdojo makes no representation or guarantee regarding the truthfulness, accuracy, or reliability of any Submission posted by a user of the Website. You rely upon such Submissions at your own risk.
       
    3. By making a Submission to the Website, you consent to its display and publication on the Website, and for related online and offline promotional and other uses.
       
    4. By making a Submission to the Website, you grant Zoomdojo a perpetual, nonexclusive, worldwide, royalty-free, assignable license with respect to such Submission, including without limitation the right for Zoomdojo, or any third party that it may designate, to take the following actions with regard to any and all Submissions posted by you on or to the Website: use, copy, reproduce, transmit, excerpt, compile, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt such Submission for streaming, downloading, broadcast, mobile digital, thumbnail, scanning or other technologies), in any form or media now known or hereinafter developed.
       
  4. Intellectual Property Rights.
     
    1. All content provided by Zoomdojo on the Website, including, without limitation, all trademarks, service marks, logos, text, graphics, images, software, HTML code, programming code and the selection and arrangement of the Website is the intellectual property of Zoomdojo, or its licensors, and is protected by U.S. and foreign laws and conventions. You may use the information provided on the Website solely for your personal, non-commercial, educational use. You must retain and reproduce each copyright notice or other proprietary rights notice contained in any of the information you display, download or reproduce. You are authorized to download and print one copy of each page on the Website for your personal, non-commercial use only. With our prior written consent, you may use, without modification, excerpts of Zoomdojo-provided content, such as that in our City Focus section, with the following attribution: “© 201_ [then-current year] Zoomdojo LLC. Used with permission. All rights reserved.” You may seek our consent at info@zoomdojo.com. With the exception of the foregoing limited authorization, you are not granted any license to or right in the content of the Website. We will consider other republication requests, which may be sent to us at info@zoomdojo.com. Except as expressly authorized by Zoomdojo, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit or create derivative works of the Website content or services.
       
    2. If you believe any material on the Website infringes a copyright, trademark or service mark that you own or are authorized to protect, please notify us immediately. Send a “Notice of Infringement” to Zoomdojo’s designated agent, Managing Member, Zoomdojo LLC, care of Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808, Phone (302) 636-5401, Fax (302) 636-5454, info@zoomdojo.com. The Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3)(A) specifies required information which you must provide.
       
    3. The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs and other identifiers (“Trademarks”) used and displayed on the Website are registered and unregistered trademarks of Zoomdojo and others in the United States and other countries. No display or use of any Trademarks may be made without the express prior written permission of Zoomdojo or other trademark owner, as the case may be. You may not use any meta tags or any other “hidden text” utilizing Zoomdojo’s name or any Trademarks without the express prior written permission of Zoomdojo.
       
    4. Zoomdojo reserves the right to treat any communication you make with Zoomdojo via the Website as non-proprietary and not confidential.
       
  5. Disclaimer.
     
    1. THE WEBSITE AND THE INFORMATION, DOCUMENTS AND OTHER CONTENT ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ZOOMDOJO MAKES NO WARRANTY OR GUARANTEE THAT THE INFORMATION ON THE WEBSITE IS COMPLETE, ACCURATE OR UP-TO-DATE. ZOOMDOJO (INCLUDING ITS AFFILIATES AND SUBSIDIARIES) MAKES NO WARRANTY THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZOOMDOJO OR A ZOOMDOJO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
       
    2. Without in any way limiting the foregoing, (i) Zoomdojo makes no representations regarding the quality, suitability, safety or legality of any jobs, accommodations, or other resources for which information is provided on or through the Website, and (ii) Zoomdojo makes no representations regarding the accuracy or reliability of any résumé, CV, job application or other information provided on or through the Website, or about the qualifications or suitability of any job candidate you may identify on or through the Website. You assume all risks associated with dealing with any other person or company that you come in contact with through the Website. The Website may contain inaccuracies or typographical errors. Zoomdojo makes no representations about the accuracy, reliability, completeness or timeliness of any content on or accessible from the Website. Your use of the Website and all content on or accessible from the Website is at your own risk.
       
    3. ZOOMDOJO ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE WEBSITE, DOWNLOAD MATERIAL FROM OR UPLOAD MATERIAL TO THE WEBSITE.
       
  6. Limitation Of Liability.
     
    1. Disclaimer of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOOMDOJO (INCLUDING ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF PERSONAL PROPERTY (INCLUDING DATA), DAMAGES FOR PERSONAL INJURY, COSTS OF COVER, OR ANY OTHER SIMILAR DAMAGES OR LOSS. THIS DISCLAIMER SHALL APPLY REGARDLESS OF THE NATURE OF YOUR CLAIM, WHETHER BASED IN CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF ZOOMDOJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
       
    2. Limitation of ZOOMDOJO’s Liability to You. YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED TO YOU AS A COURTESY AND THAT YOU ARE NOT REQUIRED TO USE IT. IN THE EVENT THAT THE RELEASE GRANTED BY YOU IN SECTION 10 IS DETERMINED TO BE INVALID OR UNENFORCEABLE, THEN IN NO EVENT SHALL ZOOMDOJO’S LIABILITY TO YOU FOR ANY DAMAGES YOU INCUR DIRECTLY OR INDIRECTLY AS THE RESULT OF YOUR USE OF THE WEBSITE EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE BASIS OF YOUR CLAIM FOR DAMAGES, BE IT BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE OR OTHERWISE.
  1. Indemnification and Release.
     
    1. You agree to defend, indemnify, and hold harmless Zoomdojo (including its affiliates and subsidiaries), and its members, officers, directors, employees, agents, successors and assigns from any and all claims, liabilities, costs and expenses (including attorney’s fees) arising in any way from your use of the Website. In addition, you hereby release Zoomdojo (including its affiliates and subsidiaries), and its members, officers, directors, employees, agents, successors and assigns from any and all claims for damages (actual or consequential), costs or expenses of any kind or nature whatsoever, that you may have against Zoomdojo arising out of or in any way related to any content or services made available at the Website. You hereby agree to waive all laws that may limit the efficacy of such releases.
       
    2. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
       
  2. Users Outside the United States. The Website is subject to the laws of the United States, which may not afford the same level of protection to personal information as the laws of certain other countries.SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS OR THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS. AS A RESULT, THE DISCLAIMERS AND LIMITS ON LIABILITY SET FORTH ABOVE MAY NOT APPLY TO YOU.
     
  3. General Terms.
     
    1. These Terms of Use, including the Privacy Policy, constitute the entire agreement between Zoomdojo and you with respect to your use of the Website. No attempt by you to modify these Terms of Use, or waive any of the terms herein, will be binding, unless in writing and signed by an authorized Zoomdojo representative. Any waiver or failure to exercise promptly any right under these Terms of Use will not create a continuing waiver or any expectation of non-enforcement.
       
    2. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
       
    3. Zoomdojo makes no representations that the content on or accessible from the Website may be lawfully viewed or accessed outside of the United States. Access to or use of the Website may not be legal by certain persons or in certain countries. You are responsible for compliance with the laws of your jurisdiction.
       
    4. These Terms of Use are governed by the laws of the State of New York without regard to conflicts of laws provisions. You agree to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, for any claim arising out of or relating to these Terms of Use. You agree and acknowledge that your use of the Website, and all transactions occurring in connection with the Website, shall be deemed to have occurred and taken place solely in the State of New York.
       
    5. If Zoomdojo, in its sole discretion, determines that a violation of these Terms of Use has occurred, Zoomdojo may pursue any of its legal remedies.
       
    6. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
       
    7. Zoomdojo may assign or transfer any or all of its rights or obligations under these Terms of Use to a successor at any time without further notice to you.
       
    8. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
       
    9. Contact Information. If you have any questions regarding these Terms of Use or the Website, please contact Zoomdojo at info@zoomdojo.com.

 

These Terms and Conditions of Use are in effect as of September 21, 2012.