Last Updated September 1, 2016
Your use of the Site does not grant to you ownership of any Content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet-compatible device. Any distribution, publishing or exploitation of the Site, or any Content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of Zumbini or the applicable rights holder. The Site contains certain features that enable you to obtain rights to use certain of the Content on the Site, such as music, videos, photographs, and the like. In such situations, your rights to use such Content are strictly limited to the rights expressly granted by Zumbini in such situations. You may not otherwise copy, reproduce, distribute, publicly display, sell, create derivative works from, decompile, reverse engineer, disassemble, or otherwise exploit any Content, code, data or materials on the Site including, but not limited to, any music, videos, or photographs. If you make other use of the Site, or the Content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Zumbini will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution if warranted.
The use and accessibility of certain portions of the Site are only available to licensed Zumbini® Instructors. These portions of the Site are only accessible to licensed Zumbini® Instructors who are eligible and remain in good standing. In the event a person cancels his/her Zumbini® license or if such membership lapses or is terminated for any reason, access to these portions of the Site will be immediately disabled and any content contained therein will no longer be accessible to that person.
By using the Site, you will be deemed to have irrevocably agreed to the Terms. Some portions of the Site may be subject to additional terms that will be available for your review prior to accessing these portions of the Site. Such additional terms, which are incorporated herein, will not change or replace these Terms, unless expressly stated.
Zumbini reserves the right to modify, alter, update, or remove portions of the Terms at any time without notice, so please check the Terms from time to time. Your continued use of the Site signifies your acceptance of any changes. Zumbini’s failure to enforce these Terms at any time for any reason shall not be construed as a waiver of its right to enforce them at a later time.
1. HOW TO CONTACT US
This Site is controlled and operated by Zumbini, LLC, located at 800 Silks Run, Suite 2310, Hallandale, FL 33009. Please forward any comments or complaints about the Site or any Content to [email protected]
2. COMMUNITY CONDUCT
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource or Content contained on the Site.
On the Site, you agree not to (a) sell any non-Zumbini products; (b) send spam or promote any non-Zumbini event, materials, companies, or products; (c) transmit negative/harmful messages about any person, facility, or company; (d) link to any inappropriate websites or videos; (e) copy or discuss any copying of music or videos, which would be in violation of copyright laws; (f) take any action intended to threaten, intimidate or harass any other user of the Site, or which is abusive, objectionable, harmful, illegal, hateful or sexually, racially or ethnically discriminatory; (g) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (h) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (i) conduct commercial activities and/or sales of any kind without our prior written consent; (j) promote an illegal or unauthorized copy of another person’s copyrighted work, provide information to circumvent manufacture-installed copy-protect devices, or provide pirated music or links to pirated music files; or (k) impersonate any person or entity or attempt to gain unauthorized access to Zumbini’s or any other person’s computers, software, or data.
Zumbini will remove from the Site messages it deems inappropriate. Zumbini reserves the right to make all decisions as to what is considered proper and improper.
Zumbini reserves the right, without notice, to prohibit use of the Site by any user who, in its sole discretion, violates the Terms. Such a prohibition may occur without notice to the user. If you believe another user is violating the Terms, you may notify us, and we will work in good faith to resolve such issues. Zumbini has no obligation to monitor the Site or the Content and is not responsible for the accuracy or reliability of any of the Content or for any defamatory, offensive, or illegal conduct or statement by any user of the Site.
Zumbini reserves the right to investigate suspected violations of the Terms, including gathering information from the user or users involved and the complaining party. You hereby authorize Zumbini and its agents to cooperate with (a) law enforcement authorities in the investigation of suspected criminal violations; and (b) system administrators at ISPs or other network or computing facilities, or other third parties, in order to enforce the Terms. Such cooperation may include the disclosure of personally identifying information. BY ACCEPTING THE TERMS, YOU WAIVE AND HOLD HARMLESS ZUMBINI, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF ZUMBINI, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF ANY INVESTIGATIONS.
Users of all ages are welcome to browse the Site however, you may only establish an account if you are at least 18 years of age, or the legal age of majority in your state, province or country of residence, and, if you are under the age of 18 or the legal age of majority, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate on the Site, and fulfill the obligations set forth herein, which forms a binding contract between you and Zumbini. In order to purchase products/services from the Site and to access/use some features on the Site, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account are your responsibility.
4. DISCLAIMERS AND WARRANTIES
Content on the Site is provided for entertainment purposes only. The Site and Content are provided on an “as is” and “as available” basis. YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZUMBINI, LLC EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SITE OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Zumbini does not make any representations or warranties that (a) the Site or Content will meet your requirements or expectations; (b) the operation of the Site or Content will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site; or (d) the Site or the server that make the Site available are free of viruses or other harmful components. The above exclusions apply to you to the extent permitted by applicable law.
5. ZUMBINI’S USE OF CONTENT
You acknowledge your responsibility for any information, profiles, reviews, comments, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) you submit, upload, post or otherwise provide or make available to us or our vendors, on or through the Site or otherwise, including User Content you upload or post on third party websites, such as Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to Zumbini, including, for example, #zumbini (“Submissions”). Such Submissions may be used on the Site and/or on other Zumbini marketing materials, including on the Site, in emails and on social media. You may only make a Submission if you are 18 years of age or older. If we select a Submission for use on the Site, it may be displayed for others to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, but may do so at our discretion.
All Submissions are treated as non-confidential and non-proprietary, except as specifically set forth herein. By making a Submission, you grant, and represent and warrant that you have the right to grant, Zumbini, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that we may use your Submission, and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in these Terms, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.
You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Zumbini, our vendors, and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by us without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Zumbini reserves the right, in our sole discretion, to edit any Submission and to choose to include or not include such Submission on the Site or otherwise use the Submission. The Site may include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Site are those of such third parties and not of Zuumbini, and we do not endorse any such opinions, statements, or materials.
You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Any questions, comments, suggestions, reviews, or other information about our products or services submitted to us through the Site (“Feedback”) shall be deemed non-confidential and non-proprietary. We shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. We specifically prohibit you from sending us any information that you consider to be confidential or proprietary.
Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.
You understand that we do not control, and are not responsible for Feedback made available through the Site and that by using the Site, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will we be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of the use of any Feedback posted, emailed or otherwise made available. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse, delete or move any Feedback for any reason.
Your interactions with organizations, events and/or individuals found on or through the Site are solely between you and such organizations and/or individuals. We expressly disclaim any liability for such organizations, events or individuals.
6. LINKS TO THIRD PARTY WEBSITES
The Site includes links to various third party websites. We are providing these links solely as a convenience. Such linked third party sites are not under our control. We have not reviewed all of the sites linked from the Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on the Site does not imply our endorsement of the linked site, its sponsors or any products or services offered on the linked site. Use of any linked site is at your own risk.
You agree to indemnify, defend, and hold harmless Zumbini, LLC and its officers, employees, directors, affiliates, agents and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from: (a) your breach of these Terms or of any representation or warranty made by you in these Terms; (b) any Submissions you make; and/or (c) your activities in connection with the Site or Content.
8. APPLICABLE LAWS AND JURISDICTION
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of the products and services on the Site.
Zumbini controls the Site (excluding third party linked sites) from our corporate offices in Florida, United States of America. We make no representation that the Content is appropriate or available for use in other locations, and accessing the Site or Content from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions. The laws of Florida, specifically excluding choice or conflict of laws principles, will apply to all disputes relating to or arising from your use of the Site (a “Dispute”). You also agree to submit to the exclusive personal jurisdiction and venue of Broward County, Florida, United States of America, or of any federal court located in Broward County, Florida for resolution of any and all Disputes related to the Site or Content.
You also acknowledge and understand that, with respect to any Dispute: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY DISPUTE.
In the event we incur attorneys’ fees or expenses in connection with the collection of sums owed to us by you under these Terms, we shall be entitled to the recovery of those fees and expenses from you.
9. COPYRIGHTS AND TRADEMARKS
The Site and Content are the property of Zumbini, LLC, and its licensors and are protected by United States and International Copyright laws. All copyrights, trademarks, and other proprietary rights on the Site and in the Content, services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Zumbini, LLC on the Site or elsewhere are reserved to Zumbini, LLC and its licensors.
In addition, the Site may contain trademarks, logos, and links to third party websites. Any third party domain names, URLs, trademarks or logos appearing on the Site or in the Content are the sole property of their respective owners.
If you believe any Content infringes your copyright, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the photograph and/or video content you claim is infringing and where it is located on the Site; (d) your address, telephone number, and email address; (e) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (f) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to Zumbini’s designated agent listed below. All counter notifications must include responsive information to what is set forth above including any required statements or signatures. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: Global Intellectual Property Counsel, 800 Silks Run, Suite 2310, Hallandale, FL 33009, (954) 9526-7979, email: [email protected]
10. TERM AND TERMINATION
These Terms and your right to use the Site will take effect at the moment you install, download, access, or use the Site or Materials and is effective until terminated as set forth below. These Terms will terminate automatically if you fail to comply with any of the terms and conditions described herein. Zumbini also reserves the right to terminate these Terms (including any registered account) at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of these terms, or in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that Zumbini shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of these Terms. Zumbini shall also not be responsible or liable for any damages or loss, such as loss of sales or profits, as a result of any termination of these Terms in accordance with this Section. You may also terminate this Agreement at any time by ceasing to use the Site. But, all applicable provisions of these Terms will survive termination, as outlined below. Any licenses from Zumbini and any right to use the Site shall immediately cease upon termination of these Terms. The provisions concerning Feedback, Zumbini’s ownership rights, the user content license grant, representations and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of these Terms for any reason.
11. MOBILE SERVICES
The Site may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from Zumbini, and access certain other features (collectively, “Mobile Services”). By using the Mobile Services, you agree that Zumbini may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Zumbini. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages Zumbini intends to send to you are not sent to another person who acquires your former mobile telephone number. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.