End User Terms of Use

1. Introduction

Zuberance, Inc. ("Zuberance", "we" "us" or "our") offers software as a service that provides users ("End User(s)", "Brand Advocate(s), "you" or "your") the opportunity to post stories, reviews, opinions, messages and other such information ("Content") about a product or service that you have experienced to various websites which may be hosted by either Zuberance or a third party ("Services"). The Services are offered through the Zuberance website located at www.zuberance.com, including any subdomains ("Site"), and any reference to "Services" shall include your use of the "Site".

2. Acceptance of Terms

By accessing the Site and/or using the Services, you agree to abide by these terms of use, including our Privacy Policy (together, "End User Terms"). You represent and warrant that you are at least 18 years of age and that you have the requisite power and authority to be bound by these End User Terms. These End User Terms control your access to and use of the Site and Services at all times.

3. Terms Subject to Change

These End User Terms may be subject to change from time to time, and you are bound by the End User Terms in effect at the time you access the Services. If there is a material change to these End User Terms, we will notify you here by indicating a new effective date at the top of this page. We encourage you to refer to these End User Terms on an ongoing basis.

4. Using the Services

These End User Terms may be subject to change from time to time, and you are bound by the End User Terms in effect at the time you access the Services. If there is a material change to these End User Terms, we will notify you here by indicating a new effective date at the top of this page. We encourage you to refer to these End User Terms on an ongoing basis.

  1. Access to Services. We grant you the right to use the Services for personal, non-commercial use only, subject to your compliance with these End User Terms.
  2. Submission of information and Content. You attest that any Content, contact information including your name and screen name ("End User Information"), or any other information you submit through your use of the Services will be candid, true, and up to date, and that any Content you submit is your own. You may not post information that you know to be false or inaccurate.
  3. Rules for Use. You may not, and you may not permit any third party to do any of the following: (a) reverse engineer, decompile, disassemble or otherwise seek to obtain the source code or APIs to the Services or any portion thereof; (b) copy, modify or translate the Services, or create derivative works; (c) remove or obscure any identification, proprietary, copyright or other such notice contained in the Services, (d) use and/or access the Services in order to build a competitive product or service, and (e) seek to transfer in any way any of your rights hereunder to a third party.
  4. Availability of Services. We reserve the right, at our sole discretion, to modify, update, suspend or discontinue the Services at any time without notice.
  5. Privacy. We value your privacy and we have developed our Privacy Policy to describe how we collect, protect and use any information that we collect about you. You may contact us at any time with any questions about our privacy practices.
  6. Termination of Rights. We reserve the right to refuse Services to anyone at any time, for any reason. We further reserve the right to prevent the use of or terminate any screen name that we deem in our sole discretion to be in appropriate, however we are not obligated to do so. Upon termination of the Services for any reason, you must immediately cease all use of and access to the Services.

5. Content

These End User Terms may be subject to change from time to time, and you are bound by the End User Terms in effect at the time you access the Services. If there is a material change to these End User Terms, we will notify you here by indicating a new effective date at the top of this page. We encourage you to refer to these End User Terms on an ongoing basis.

  1. Your Responsibility. We strongly advise that you use discretion in creating a screen name and submitting Content as you may be revealing certain personally identifiable traits about yourself. You expressly understand and acknowledge that such Content is intended for public consumption and you take full responsibility for any and all consequences of publicly posing Content, including any injury or loss suffered by a third party.
  2. Content Guidelines. You may not submit, share, post or transmit through your use of the Services any Content or other information (including using a screen name) which violates or infringes the rights of others, including without limitation any material that (a) may be abusive, indecent, threatening, obscene, harassing, violent, defamatory, libelous, fraudulent, or otherwise objectionable; (b) encourages or otherwise promotes conduct that would constitute a criminal offense or give rise to civil liability; (c) contains a computer virus, trojan horse, time bomb or other malicious code of any kind which is designed or otherwise intended to interfere or otherwise limit the computer network functionality of another or compromise the Services (d) violates any privacy, intellectual property or proprietary right of another; (e) is unlawful or (f) is an advertisement or solicitations of business.
  3. Use of Content. Any Content or End User Information that you input through your use of the Services shall be used by Zuberance in accordance with our Privacy Policy. Zuberance may share all Content and End User Information with the company which has provided the product or service that you have elected to review, and such company may use your Content and End User Information for any lawful purpose, including but not limited to publishing your Content across other media, communicating with you directly to fulfill requests, contacting you about products and services that may be of interest, improving their own products and services, and complying with legal obligations, in accordance with their own policies.
  4. Retention of Content. Any information or Content generated by you and submitted through your use of the Services may remain stored by Zuberance and may remain publicly visible. Zuberance has no obligation to retain any Content. If you have questions or concerns, please reference our Privacy Policy for more information.
  5. Flagging or Removal of Content. Although we have no obligation to do so, Zuberance expressly reserves the right to monitor, and at any time to flag or remove any Content, screen name, or any other information submitted by you that we deem in our sole discretion to be out of compliance with these End User Terms, or that we may consider to be offensive or otherwise inappropriate.

6. Ownership

  1. Ownership of Services. Zuberance and its suppliers retain all right, title and interest in and to the Services including but not limited to copyright, trademark, patent or other intellectual property rights, all related and underlying software, interfaces, databases and technology. Zuberance expressly retains all rights not expressly granted to you hereunder.
  2. Ownership of Content. You retain any and all ownership rights in your Content that you generate through your use of the Services. However, by submitting Content through your use of the Services, you expressly grant to Zuberance a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, fully transferable, right to sublicense (and to allow others to sublicense), reproduce, use, copy, display, modify, and create derivative works of the Content in our sole discretion, for any purpose, without compensation of any kind. You attest that any Content you submit through your use of the Services is yours and does not violate the patent, trademark, copyright or other intellectual property or proprietary rights of another.
  3. Ownership of Feedback. We welcome any feedback including comments and suggestions about your use of the Services that you are willing to share with us ("Feedback"). Any Feedback you submit will be owned by Zuberance and we may perpetually, irrevocably and without limit, use, copy, display, modify, and create derivative works of Feedback in our sole discretion, for any purpose, without compensation of any kind. For clarity, "Feedback" is not considered "Content" for the purposes of these End User Terms.

7. No Endorsement

Zuberance solely and exclusively facilitates the sharing of Content through various channels, and we do not endorse or otherwise share the opinions or views of you or any other End User, or the companies that own or provide the products or services being reviewed.

8. Third Party Services

These End User Terms do not apply to the practices of other websites or companies that Zuberance does not own or control, including but not limited to unaffiliated third party websites, services and applications that you may access through use of the Services ("Third Party Services"). We take no responsibility for the privacy policies or terms of use associated with any Third Party Services and we encourage you to review the applicable terms for each of these sites.

9. Indemnification

You agree to indemnify, defend and hold Zuberance and its suppliers, affiliates, licensors, and representatives harmless from and against any and all claims, liabilities and other costs arising from: (a) your use or misuse of the Services; (b) your noncompliance with the End User Terms; or (c) any allegation that your use of the Services breaches a third party intellectual property right or is otherwise unlawful.

10. NO WARRANTY

THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. ZUBERANCE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING QUALITY, ACCURACY, SAFETY, OR SECURITY OF THE SITE AND/OR THE SERVICES. ZUBERANCE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

IF YOU ARE DISSATISFIED WITH THE SERVICES IN ANY WAY, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF OR ACCESS TO THE SITE AND/OR SERVICES.

11. LIMITATION OF LIABILITY

YOU ARE ADVISED TO USE THE SERVICES AT YOUR OWN RISK. YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY CONTENT (INCLUDING A SCREEN NAME) THAT YOU SUBMIT SHALL BE SHARED PUBLICLY AND THAT IN USING OUR SERVICES THERE IS NO EXPECTATION OF PRIVACY.

ZUBERANCE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS OR SERVICE FAILURES INCURRED IN THE COURSE OF YOUR USE OF THE SERVICES. ZUBERANCE SHALL NOT BE LIABLE FOR ANY LOST OR INACURATE CONTENT OR DATA, FAILURE OF SECURITY MECHANISMS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

ZUBERANCE SHALL HAVE NO LIABILITY WITH RESPECT TO THIRD PARTY PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO THIRD PARTY SOCIAL NETWORKING SITES.

ZUBERANCE DOES NOT ENDORSE OR SHARE ANY OPINIONS THAT MAY BE EXPRESSED BY A USER'S USE OF SERVICES. WE ARE NOT RESPONSIBLE IN ANY WAY FOR ANY NEGATIVE EXPERIENCE THAT YOU MAY HAVE WITH A PRODUCT OR SERVICE THAT YOU ARE REVIEWING THROUGH YOUR USE OF THE SERVICES.

12. General

  1. Assignment. These End User Terms are specific to you and are not assignable, sublicensable, or otherwise transferable without our prior written consent. Zuberance may freely assign, transfer or delegate any rights or obligations hereunder to any third party. Any attempted assignment or transfer in violation of this provision will be void.
  2. Entire Agreement and Severability. These End User Terms, including the Privacy Policy, make up the entire agreement between you and Zuberance regarding your use of the Services and supersede any prior oral or written communications relating to the subject matter contained herein. If any provision of these End User Terms is determined to be unenforceable by a court of competent jurisdiction, such provision shall be construed to the maximum extent possible and the End User Terms shall otherwise remain in effect.
  3. Governing Law. These End User Terms shall be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof. Any claim arising from or relating to your use of the Services shall be brought in the federal courts for the Northern District of California or the state courts located in San Mateo, California.
  4. No Waiver. Failure by Zuberance to enforce a provision of these End User Terms shall not be deemed a waiver of any other provision. A waiver will not be effective unless expressly stated in writing and signed by Zuberance.
  5. Relationship of Parties. No relationship of partnership, joint venture, employment, or agency is created as a result of these End User Terms. Neither party has the power to bind or otherwise incur obligations on behalf of the other.
  6. Attorney Fees. In the event that we bring a claim against you for non-compliance with these End User Terms, and we prevail, we shall be entitled to any and all attorney fees and costs associated with such suit. Attorney fees and costs shall be in addition to any other damages or other relief which we may be awarded.