TERMS OF USE
Effective Date: November 15, 2010
Table of Contents
2. Account Registration
3. Content You Submit
4. Rules for User Forums
5. Your Interactions With Other Users; Disputes
7. Viral Distribution
8. Sweepstakes, Contests and Promotions
9. Third Party Links and Content
10. Linking Policy
11. Disclaimer of Warranties
12. Disclaimers/Limitation of Liability
13. Indemnification
14. Governing Law, Jurisdiction and Limitations on Actions
15. General Provisions
16. Updates to Terms
1. Web Site Content and Intellectual Property Ownership.
A. Content. The Web Site contains various: (i) materials and other items relating to Company and its products and services, including, without limitation, all layout, information, text, data, files, images, designs, graphics, activities, characters, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, animation, URLs, technology, software, interactive features, the “look and feel” of the Web Site, and the compilation, assembly, and arrangement of the materials of the Web Site and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Company; and (iii) other forms of intellectual property (all of the foregoing, collectively, "Content").
D. Reservation of All Rights. These Terms, and any Additional Terms, include only narrow, limited grants of rights to Content and to use and access the Web Site. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Company and its licensors and other third parties.
Certain areas of the Web Site require registration, including to become an Administrator or an Member, as fully described in the Privacy Policy. If you set up an account as an Administrator, you represent and warrant that you are at least eighteen years of age and have the right to post all content posted under your Family Page. When you provide information to the Web Site, you agree to provide only true, accurate, current and complete information. In addition, if you create an account and become an Administrator or an Member, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your Internet Device so that others may not access the password protected portion of the Web Site using your name in whole or in part. The Company reserves the right to terminate your account or otherwise deny you access at any time, in its sole discretion, without notice and without liability. Company also reserves the right to charge a subscription (or similar) fee in the future.
4. Rules for User Forums.
· Please act appropriately. Express yourself with non-offensive individual self-expression. Be respectful of others opinions and comments. If you think your User Content might offend someone or be embarrassing to someone chances are it probably will and it doesn’t belong on the Web Site. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
· Do not use the User Forums for commercial purposes. Your User Content may not advertise or promote a product or service. You may not use your User Content to raise money for anyone, any organization, any business or for a pyramid or other multi-tiered marketing scheme.
· Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
· Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to info@shazoot.com.
You may not use the Web Site for any purpose or in any manner that infringes the rights of any third party. Company encourages you to report any content on the Web Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Web Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Company's copyright agent for notice of claims of copyright infringement on or regarding the Web Site can be reached as follows:
Name: Beth Provencher
Phone number: 212-230-1381
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
If you believe that any content on the Web Site contains content that violates your rights other than copyrights, please provide Company, using the contact information above, at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
Company will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
7. Viral Distribution
Only by express written direction as may appear on the Web Site from time to time, Company may grant you the limited, revocable permission to engage in certain expressly described personal uses of Content or other Company materials as may from time to time be made available via forms of digital delivery on the Web Site for such purpose (”Viral Distribution”). Express written permission for Viral Distribution may include these personal uses: (a) sending Content or other Company materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Content or other Company materials on a personal web site; or (c) posting and displaying a copy of the Content or other Company materials on a third party web site that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party web site does not charge for access to those materials or associate those materials with products, services or advertising.
If expressly permitted and made available on the Web Site, you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Content without our express written permission.
8. Sweepstakes, Contests and Promotions.
10. Linking Policy.
Company grants you the revocable permission to link to the Web Site; provided, however, that your web site, or any third party web sites that link to the Web Site: (a) may only link to the Web Site's home page or other public web pages unless Company has provided prior, written consent to link to other pages; (b) must not frame or create a browser or border environment around any of the content on the Web Site or otherwise mirror any part of the Web Site; (c) must not imply that Company or the Web Site is endorsing or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false information about, or disparage, tarnish, or otherwise, in Company's sole opinion, harm Company or its products or services; (e) must not use any Company trademarks without the prior written permission from Company; (f) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Company's sole opinion); and (g) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Web Site, you agree that you do and will continue to comply with the above linking requirements.
11. Disclaimer of Warranties.
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WEB SITE; (B) THE CONTENT; (C) USER CONTENT; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE WEB SITE; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE WEB SITE; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO COMPANY OR VIA THE WEB SITE. IN ADDITION, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.
12. Disclaimers/Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
13. Indemnification.
You agree to defend, indemnify and hold the Company Parties harmless from and against any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Web Site or activities in connection with the Web Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your Internet Device, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; and (g) the Company Parties' use of your information. You will cooperate as fully required by the Company Parties in the defense of any claim. Notwithstanding the foregoing, the Company Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. Further, the Company Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Company Parties.
14. Governing Law, Jurisdiction and Limitations on Actions.
A. Governing Law/Jurisdiction. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
Software related to or made available by the Web Site may be subject to export controls of the
Effective Date: November 15, 2010
This Privacy Policy applies only to SHAZOOT.com (however accessed and/or used, whether via personal computers, mobile devices, or otherwise), which is owned or controlled by Galaxy Partners Corporation (”Company,” “we,” “our” or "us”) or other interactive features that are accessible or downloadable through SHAZOOT.com and that post a link to this Privacy Policy (collectively, the "“Web Site"”). This Privacy Policy only covers information collected at the Web Site, and does not cover any information collected at any other web site or offline by Company (unless specifically stated). The purpose of this Privacy Policy is to disclose to you what information we may collect on the Web Site, how we may collect it, with whom we may share it, and certain other matters related to such information, including the choices you may have regarding our collection, use, and disclosure of such information.
Please read this Privacy Policy carefully. In addition, please review our Terms of Use, which govern your use of the Web Site and the content you submit to the Web Site.
SHAZOOT.com is a unique community where parents, together with their kids, share their kids love of activities – their triumphs, challenges, life lessons, joys, failures, accomplishments, schedules, stats, photos, videos, etc. with a secure network of approved friends and family. And by doing so, strengthen the connections across generations and across large distances. In addition,SHAZOOT.com will help kids learn positive social networking skills, and provide parents with valuable information to help them navigate the challenges of their children’s sporting lives. The Web Site makes certain Company content available to all users. Users also have the opportunity to register to become either an Administrator or a Member. An Administrator must be at least eighteen years of age and creates an Page for his or her family (a Family Page). The Administrator is the only person who can upload content to his or her Family Page and the only person who can confirm friends and family who will have access to his or her Family Page. The Administrator can choose to create profiles for each member of his or her family but only the Administrator can post content to those profiles. Other users can register simply as Members who are able to view and post content on other users' Family Pages once access is granted by the applicable Administrator. Any information posted on an Family Page, including information posted under individual profiles, remains closed to the general public and only available to other Members once the Administrator approves access.
TYPES OF INFORMATION THE WEB SITE COLLECTS
The following are the types of information we may collect through the Web Site:
The Site may ask you to provide personally identifiable information, which is information that could be used to contact you or identify you personally, such as your name, birth date, mailing address, e-mail address or phone number (“Personal Information”), and other information about yourself, such as demographic information (gender, postal code or similar information) or certain information about your sports activities and other preferences and interests. The Site may collect Personal Information and other information about you at various places and forms on the Site, including registration forms, your profile page, when you submit a question to us, or when you otherwise communicate or interact with us. If we combine demographic or similar information with the Personal Information we collect, we will treat the combined information as Personal Information under this Privacy Policy.
In addition, the Web Site is intended to be a forum where people share content about their families, including photographs, videos, and sports stats through a secure network of approved family and friends. If you register as an Administrator, you will have the opportunity to provide Personal Information and other information about your direct family members. We treat all the Personal Information you provide through your Family Page in accordance with this privacy policy.
A Special Note For Parents Concerning Privacy
The Web Site is a general audience web site, intended as a forum for parents and other adults to share information about their families through a secure network of approved family and friends. We do not knowingly collect any Personal Information from children younger than the age of thirteen (13) on the Web Site and we will delete any information later determined to be collected from a user younger than thirteen (13).
Information from Other Sources
We also may, from time to time, supplement the information we collect with information about you from third parties. In those cases, we will apply this Privacy Policy to any Personal Information received, unless otherwise specifically disclosed by us at the time you provide your Personal Information. For example, we may receive information from a marketing partner in connection with a co-branded web site or promotion. If we combine the information we receive from other sources with information we collect through the Web Site, we will apply this Privacy Policy to any Personal Information received, unless otherwise specifically disclosed by us at the time you provide your Personal Information.
Information We Collect As You Access And Use The Web Site
In addition to any Personal Information or other information collected by the Web Site, we and our third-party service providers may use a variety of technologies that automatically or passively collect certain web site usage information whenever you visit or interact with the Site ("Site Usage Information"). Site Usage Information may include browser type, operating system, the page served, the time, and the preceding page view, among other information. In addition, your IP address or some other unique identifier for the particular device you use to access the Site (any, a "Device Identifier"), as applicable, may be collected. A Device Identifier is a number that is automatically assigned to your computer, your cell phone, or other device (any, a "Device") used to access the Site, and our computers identify your Device by its Device Identifier. When analyzed, Site Usage Information helps us determine how our site is used (for example, how many unique visitors visit our web site and what types of content is most popular). Site Usage Information collected may be non-identifying or may be associated with you. If it is associated with you, it will be treated as Personal Information.
The methods that may be used to collect Site Usage Information include the following:
Cookies
The Web Site uses standard technology called “cookies,” which are small data files that are transferred to your Device when you visit the Web Site. Cookies automatically identify your web browser to the Web Site whenever you visit the Web Site and may be used for many purposes, including, without limitation, tracking user preferences and web pages visited while using the Site. You may disable cookies using your browser's preferences, but some features of the Site may not function properly.
The Web Site and any communications sent by the Web Site may contain electronic images (generally, single-pixel “.gif” images) called “web beacons.” These web beacons allow Company and third parties to monitor and collect certain information about the viewer of the web page, web-based document, e-mail message, or other communication, such as the type of browser requesting the web beacon, the Device Identifier of the Device that the web beacon is sent to and the time the web beacon was viewed. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, and to count how many e-mails that were sent were actually opened.
An embedded script is programming code that is designed to collect information about your interactions with the Web Site, such as the links you click on. The code is temporarily downloaded onto your Device from our Web server or a third party service provider, is active only while you are connected to the Web Site, and is deactivated or deleted thereafter.
IMPORTANT NOTICE REGARDING PUBLIC AREAS OF THE WEB SITE AND USER CONTENT
HOW WE USE THE INFORMATION COLLECTED
Company may use information collected through the Web Site, including your Personal Information:; (1) to process your registration with the Site including verifying that your e-mail address is active and valid; (2) to allow you to participate as an Administrator or Member and to participate in various features on the Site; (3) to provide you with information or services or process transactions that you have requested or agreed to receive; (4) to improve the Web Site or our services and for internal business purposes; (5) to contact you with regard to your use of the Web Site and, in our discretion, changes to the Web Site policies; and (6) for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.
THIRD-PARTY AD SERVING AND AUDIENCE AND TRAFFIC MEASUREMENT SERVICES
The Web Site may use third party network advertisers to serve advertisements on the Web Site and may use a traffic measurement service to analyze traffic on the Web Site. Network advertisers are third parties that display advertisements based on your visits to the Web Site and other web sites you have visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. Although advertisers and other companies do not have access to cookies set by the Web Site, the Web Site's third party ad network providers, the advertisers, the sponsors, and/or traffic measurement services may themselves set and access their own cookies on your Device if you choose to have cookies enabled in your browser or they may otherwise have access to non-personal information. These third party cookies are set to, among other things, help deliver advertisements to you that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. Note that any images (or any other parts of a web page) served by third parties in association with third party cookies may serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies and web beacons are governed by each third party's specific privacy policy, not this one. While we may use a variety of companies to serve advertisements on the Web Site, you may wish to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding the "opt-out" procedures of certain third party ad servers we may use.
WITH WHOM INFORMATION MAY BE SHARED
We do not share your Personal Information with third parties for those third parties’ marketing purposes unless you opt-in to such sharing at the time you provide your Personal Information. We may share non-personal information, such as aggregate user statistics, demographic information, and Site Usage Information with third parties. In addition, we may share your information as disclosed at the time you provide your information, as set forth in this Privacy Policy and in the following circumstances:
Third parties providing services on our behalf: We employ third parties to perform functions on our behalf; examples include hosting or operating the Web Site, sending e-mail and/or other communications, providing wireless services, removing repetitive information from customer lists, data analysis, marketing assistance, and customer service. These third parties may have access to your Personal Information for the purpose of performing functions on the Web Site's behalf.
When You Agree To Receive Information From Third Parties: You may be presented with an opportunity to receive information and/or marketing offers from someone else. If you do not agree to have your Personal Information shared, your Personal Information will not be shared with the third party for direct marketing purposes. If you do agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and all information you disclose will be subject to the privacy policy and practices of that third party. We are not responsible for the privacy policies and practices of third parties. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.
Sweepstakes, Contests and Promotions
We may offer sweepstakes, contests, and other promotions ("Promotion") through the Web Site that may require registration. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. Also, by entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion.
We may share your Personal Information with other entities affiliated with us for internal reasons, primarily for business and operational purposes. Company or any of it assets, including the Web Site, may be sold, or other transactions may occur in which your Personal Information is one of the key business assets for the transaction. In such a case, your Personal Information may be one of the business assets we transfer. Hence, Company reserves the right to disclose and transfer user information, including Personal Information (i) to a subsequent owner, co-owner or operator of the Web Site or applicable database, or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of Company's stock and/or assets, or other corporate change including, without limitation, during the course of any due diligence process.
Legal Protections and Law Enforcement
We may disclose information about our users, including your Personal Information, in the event we are required to respond to subpoenas, court orders, legal process or other valid law enforcement measures; to comply with a legal obligation; at the request of governmental authorities conducting an investigation; to verify or enforce compliance with the policies governing the Web Site and applicable laws; or to protect the legal rights, interests, or safety of the Web Site, our users or others. We may also use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.
UPDATING YOUR INFORMATION AND OPTING OUT FROM EMAIL COMMUNICATIONS
The Web Site may contain web pages through which you can correct or update some of the personal information you have provided to us through registration with the Web Site. An Member may deactivate his/her account or an Administrator may deactivate his/her Family Page through the Account Preferences page on the Web Site. This will remove the applicable page(s) from view, but the Web Site may not delete the information from its internal records. In addition, please note that in accordance with our routine corporate recordkeeping practices, we may delete certain records that contain Personal Information or content you have submitted to the Web Site. We are under no obligation to store such information indefinitely and disclaim any liability arising out of, or related to, the destruction of such information.
With regard to e-mail newsletters and similar communications you may receive from us, you may tell us you no longer want to receive these emails from the Web Site by following the opt-out instructions provided to you in those e-mails. Please note that we reserve the right to send you certain communications relating to your account or use of the Web Site, such as administrative and services announcements and these transactional account messages may be unaffected if you choose to opt-out from marketing communications.
THIRD PARTY CONTENT AND LINKS TO OTHER WEB SITES
When you are on the Web Site you may be directed to other sites that are operated and controlled by third parties that are beyond our control. For example, if you “click” on a banner advertisement, the “click” may take you off the Web Site onto a different web site. This includes links from advertisers, sponsors and partners that may use the Web Site’s logo as part of a co-branding agreement. These other web sites may set their own cookies on your browser, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. Company is not responsible for the privacy practices employed by any third party web site.
The Web Site is operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Web Site or providing us with any information, you consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
Company incorporates commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, or wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that Company cannot ensure or warrant the security of any information you submit via the Web Site, and you do so at your own risk.
NOTIFICATION OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACY POLICY
By using the Web Site, you acknowledge your agreement to the terms of this Privacy Policy. From time to time, Company may update this Privacy Policy and those changes will become effective immediately upon posting. However, Company will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy.


