TERMS OF USAGE FOR OUR WEBSITE
We are the providers of general information and updates related to and concerning trademarks, and provide a website that allows you to prepare and file trademarks. We are not a law entity. We do not provide, and are not qualified to provide you with legal advice.
THIS AGREEMENT BELOW IS INCLUSIVE OF A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.
THE CONDITIONS FOR THE USAGE OF OUR WEBSITE
You are allowed to to use this Website on the precondition that you agree that you:
- Will abide by these Terms of Usage;
- Will not replicate or redistribute any portion of this Website in any manner without legally seeking our prior written consent;
- Will provide correct and non-falsified information when creating a new account, submitting and uploading content, or registering for our Website;
- Will strictly not allow any other personnel to access this Website utilizing your User ID;
- Are solely and individually responsible for your User ID, and all of the activity that takes place through your User ID;
- Will not utilize the Website for any commercial or merchandizing purposes other than the strictly specific commercial activities contained wherein on the Website
- Will not use the Website to obtain any form of data or personal information on any of the other users, or to solicit other users, merchants, or advertisers;
- Are solely and individually responsible for all content shared, posted, and provided by your ID on the Website, including, but not restricted to discussion posts, your biodata, external links, videos, and photographs including the ownership of any licenses or rights necessary to use the content creations of others and will not submit any copyrighted materials or work subject to other’s proprietary rights;
YOUR ACCOUNT PROFILE
To be granted access to certain sections of the Website, we might oblige you to create an account and/or profile. All of the information provided by you must be accurate, true, non-falsified, and you agree to maintain said information frequently updated. Any individual whose privilege to use the Website was previously revoked by the executive authority is not allowed to register for another profile or account, nor can they use someone else’s profile or account to use the site or create an account on their behalf.
Because the communal sharing and collusion of User IDs is strictly not allowed, we shall presume that the log-ins to the Website through your User ID are, in fact, being performed by you. Regardless of the circumstances, you stand wholly responsible for any and all access to the Website by individuals using your User ID. If you believe your User ID is being maliciously used without your informed authorization, notify us immediately to have us on board at email@example.com
- Infringes upon the copyright, trademark, trade secret, or other cognitive property or proprietary rights of others;
- Exploits the privacy, publicity, legal, or other rights of third parties;
- is against the law, untrue, not accurate, derogatory, discriminatory, hateful, un-sanctimonious, libelous, pornographic or sexually implicit and/or explicit, obscene, abusive, threatening, harassing, or propagates conduct that would be considered incriminating, giving rise to civil disruption and liability, violates any law, or is in any other format inappropriate, as decided by us in our sole discretion; or
- Is capable of damaging or harming the reputation of our company, parent company, sister companies, affiliates, advertisers, merchants, or other parties.
- We are not required in any way to withdraw any UGC that may violate one or more of these limitations. We may, but are not committed to, remove any UGC in violations of these terms, terminate user accounts or take other actions. We are not to be held accountable for any loss caused to you by UGC.
By using the Website, You agree not to:
- Initiate or participate in the promotion of any illegal activities;
- Make any attempts to reverse engineer or intrude in any way with the operation of the Website or otherwise endeavor to derive the source code of the software (including the tools, methods, processes, and infrastructure);
- Device schemes to gain access to codified portions of the Website;
- Use the Website to generate unsolicited email marketing schemes or spamming;
- Use any automated or manual process to surf or unearth codified data from the Website;
- Interfere in any way with the regular operation of the Website; or
- Masquerade as another user.
LINKS TO OTHER SITES
We may (or may not) have associations with third-party websites that are not possessed, regulated, or operated by us. We do not presume any responsibility for the content, privacy policies, or practices of any other websites or their owners. Do not suppose that we are advertising or advocating for any other websites, products, or services, based on the mere integration of a link to another website.
We hold the complete authority to make adjustments to, or terminate the Website or any of the services furnished herein at any time without prior notice. We also hold the right to terminate this Agreement at our election and for any reason, without prior announced notification. This Agreement will automatically terminate if, in our sole judiciousness, you violate any of the terms and conditions drafted below. A termination will result in the immediate suspension of access to the Website. The Disclaimers of Warranty and Limitation of Liability, Indemnity, Dispute Resolution sections, and all terms and conditions related to your Content shall sustain the termination of this Agreement.
DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY
We provide the Website and related services "as is", “whereis”, and "as available." We undertake no express and/or implied warranties or guarantees about the Website, and the goods and services described therein, or the Merchants and Advertisers. TO THE MAXIMUM EXTENT ALLOWED BY THE LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE BUSINESSES WHO MARKET WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERVICES ARE MERCHANTABLE, OF ACCEPTABLE QUALITY, ACCURATE, SEASONABLE, OR FIT FOR A SPECIFIC PURPOSE OR DEMAND. WE IN NO FORM GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION, OR AVAILABLE 24/7. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.
YOUR SOLE AND CUSTOMIZED SOLUTION FOR ANY DISPUTE OR CLAIM WITH US IS TO HALT USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO MARKET HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARISE FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, HARM, OR LOSS TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT PERMIT THE DISTINGUISHING OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT GRANTED BY LAW.
In connection with the ongoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You agree to defend, indemnify, and hold blameless us, our officers, directors, representatives, employees, and agents and all of our parent companies, affiliates, related companies, merchants, and their executives, officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, legal obligations, and expenses (including, but not limited to, reasonable attorney's fees) arising from: (i) your violation of any term of these Terms of Service; (ii) your violation of any third party right, including without restriction any copyright, property, privacy right, or any and all incorporeal or intellectual property rights; or (iii) any claim that any of your UGC causes harm to a third party.
For the purposes of this Section, all references to "Zommie Mommie," "you," and "us" are inclusive of our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
In this Agreement, Dispute is described as “any dispute, claim or controversy between you and Zommie Mommie, LLC, its members, officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Site or Service, or otherwise regarding any aspect of your relationship with Zommie Mommie that has accrued or may thereafter accrue, whether based in contract, statute (including, but not limited to, any consumer protection statutes, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory.”
The un-predictiveness of any Disputes is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive and significant law of any Disputes, to the optimal extent authorized by law, the laws of the State of California govern the non-arbitration related interpretation of this Agreement and the substantive law of any Dispute, notwithstanding of clashes of laws and principles.
Arbitration. Any Dispute shall be CONCLUSIVELY and EXCLUSIVELY solved by bonding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
ARBITRATION OF YOUR CLAIM IS COMPULSORY AND IRREVOCABLE. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
All regulations as to the scope, interpretation, enforceability, applicableness, and validity of this Agreement shall be made final solely by the arbitrator, which award shall be contractually binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive: i) the termination of the Agreement; or ii) the bankruptcy of any party. If any portion of this arbitration provision is declared void, invalid or unenforceable, the remaining sections shall remain enforceable.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU ARE REQUIRED TO NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE E-MAILED TO TRADEMARK TERMINAL, LLC, SUPPORT@TRADEMARKTERMINAL.COM WITH THE SUBJECT LINE “OPT-OUT’ AND INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
Any arbitration will be administered by the AAA under its Commercial Arbitration Rules. If the value of the dispute is $75,000 or less, its Supplementary Procedures for Consumer-Related Disputes shall also be applicable. On disputes involving $75,000 or less, we will punctually reimburse your filing fees and pay the AAA's and arbitrator’s fees and expenses. You agree to start arbitration only in your county of permanent residence or in California, US. We agree to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. Nothing herein restricts Trademark Terminal, LLC from demanding the arbitrator to award Trademark Terminal, LLC all costs of the arbitration including any Administrative Fees paid on your behalf.
If the Dispute is not arbitrated by the choice of the parties or a court does not compel arbitration if either party elects to arbitrate for whatever reason, the Dispute will be decided by a court without any right by either party to a trial by jury. Any such court proceeding, including any efforts to compel arbitration or initially filed lawsuits that arise out of or relate to this Agreement or use of the Sites shall be resolved exclusively by a court of proficient jurisdiction located within California.
We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind affiliated with the Website, inclusive of all applicable trademarks, copyrights, and other proprietary rights such as trade secrets. Through the use of this Website pursuant to this Agreement, you have a privileged and restricted right to use the Website, but by no means are we granting any license to you under any of those intellectual property rights. We hold all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Website for your personal use.
We retain, to the highest lengths possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks") unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the dominion where you reside, and international conventions. All content on the Website provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, plagiarized, or otherwise exploited for any other purposes whatsoever without the prior written and drafted consent of the respective owners. We reserve all rights not expressly granted in and to the Website.
You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in UGC that you post to the Website. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sub licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the UGC in any manner decided by us.
If you believe we have infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3) in writing to Admin@ZommieMommie.Me or to the copyright agent on file with the U.S. Copyright Office with the Subject: “copyright notice.” Your notice needs to include: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is reportedly contravened; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have affable sense of faith and 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 that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MODIFICATIONS TO THE AGREEMENT
We hold the total rights, but are not necessitated, to restrict the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole decision making. We maintain the rights to discontinue any product at any time without any prior notice. Any offer for any product or service made on this site is nullified where prohibited.
The section headings used herein are for the sake of convenience only and shall be of no legal force or effect. If any provision of this Agreement is held lawfully invalid by a court of competent jurisdiction, such invalidity shall not have any effect on the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue function in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in completeness or partially, to any third party without our prior written consent, and any attempt by you to do so will be invalid.