These ZooKit User Terms (the “User Terms”) govern your access to and use of the online virtual zoo platform provided via the website at Zoptiks.com (”Zoptiks”) or as a service on your own domain by Zoptiks LLC of 21 E State St, Columbus, Ohio, United States ("we", "us", or our").
Please read these User Terms carefully.
You confirm that you have read, understood and agree to be bound by these User Terms by clicking the “accept” button before being granted access to Zoptiks, or otherwise where you access or use Zoptiks, or you register an account with us. A legally binding contract between you and us will then be formed (the “User Agreement”), consisting of these User Terms, governing your access to and use of Zoptiks.
Zoptiks is a virtual zoo platform for organisations and individuals who want to host online experiances such as maps,tours, field trips and augmented reality holorams ("Experiances"). As set out in paragraph 3.1, we take the security of Zoptiks very seriously and have taken a number of measures to ensure that your content and contributions (as defined below) are protected.
- These terms apply to all Zoptiks users Please Note: In these terms we used the definition “Host”. These are the companies, businesses, individuals and organisations who use Zoptiks as a platform to organise and host their Experiances.
1.1. Users of Zoptiks There are two different types of Zoptiks users which these terms apply to:
“Organisers”. If you are an Organiser, you are an individual, normally an employee, contractor or partner of a Host who are part of the team which helps the Host to manage, run and host Experiances. Organisers have special access privileges and are invited to access and use Zoptiks by a Host. “Participants”. You are a Participant if you attend an Event on Zoptiks. Participants are either invited to a specific Event by a Host or have signed up for a Zoptiks account and attend an event using their account details. Participants also include Participants that have been invited by the Host to speak at an Event, exhibit at an Event, or be Event sponsors. In these terms, unless specified otherwise you are a “User” or “Zoptiks User”.
1.2. Our role Experiances are organised and administered by the Host, not us. We are a third party providing the platform for an Event to take place. We are not responsible and cannot be held liable:
if an Event is cancelled for any reason by the Host; for how an Event is run; for any content produced or activities carried out during an Event; for the conduct or Contributions (as defined below) of any other Users. Complaints, issues and refunds If any of the matters listed above have caused an issue for you, or you have paid for a ticket to an Event and would like to discuss a refund, you should contact the Host, whose responsibility it is to deal with the matter.
Our only responsibility is to provide the technical facility for the Event to run. If you are experiencing technical issues with Zoptiks, please contact us as set out below.
1.3. The Host’s responsibilities to you The Host has full control over the running of any Event. This includes control over any Users, when Experiances are created and how they are configured, and what functionality and third-party integrations are activated for use at each Event.
The Host may prohibit or withdraw access to Experiances and/or Zoptiks to any User at any time.
It is solely the Host’s responsibility to:
inform you of any relevant policies and practices of the Host that apply to your use of Zoptiks outside of these User Terms; inform you of any relevant policies and practices of the Host that apply to your use of Zoptiks outside of these User Terms; respond to and resolve any dispute between the Host and you, or between you and any other User. 2. Right to use Zoptiks 2.1. Licence We license you to access and use Zoptiks:
where you are an Organiser, either for the internal business purposes of the Host where the Host is a business or, for your own personal purposes where the Host is an individual using Zoptiks in their personal capacity, including in both cases to create, organise and host Experiances on Zoptiks; and where you are a Participant, to attend Experiances and act within any restrictions set by the Host, as permitted in these User Terms. 2.2. License Restrictions You agree that you will:
except as permitted by these User Terms, not rent, lease, sub-license, loan, provide, or otherwise make available, your right to use or access Zoptiks or any part of it, in any form, in whole or in part to any person without prior written consent from us or in respect to Event content except as permitted by the Host; not copy Zoptiks or any part of it, except as part of the normal use of Zoptiks or where it is necessary for the purpose of back-up or operational security; not translate, merge, adapt, vary, alter or modify, the whole or any part of Zoptiks or any content on it, nor permit Zoptiks or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use Zoptiks as permitted in these User Terms; not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Zoptiks or any content on it nor attempt to do any such things, except to the extent permitted by law. 3. Uploading content to Zoptiks As part of your participation in an Event, you may submit content, information and data, such as messages or files to Zoptiks (“Contributions”).
3.1. Security measures We use reasonable security measures in order to protect Contributions against unauthorized copying and distribution. However, we do not guarantee that any unauthorized copying, use or distribution of Contributions by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that we shall not be liable for any unauthorized copying, use or distribution of Contributions by third parties (including other Users). The security measures we use to protect your Contributions are provided and used “as-is” and with no warranties, guarantees, conditions, assurances or other terms that such security measures will withstand attempts to evade them.
3.2. Sharing political opinions Subject to these User Terms and the Community Guidelines, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit Partipicants to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
3.3. Promotional activities You will ensure that you comply with any advertising guidelines or applicable laws that may apply to any promotional or marketing activities you carry out on or using Zoptiks. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through Zoptiks, or if you are an employee of a company and you decide to discuss or promote that company’s products or services on or using Zoptiks, you agree to comply with all applicable requirements for disclosing such relationships. You, and not us, are solely responsible for any endorsements or testimonials you make regarding any product or service through Zoptiks.
Users may promote, administer, or conduct a promotion on, through or using Zoptiks (a “Promotion”). If you choose to promote, administer or conduct a Promotion, you must adhere to the following rules: (a) you may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (b) you will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration, and operation of the Promotion, drafting and posting any official rules, selecting winners, issuing prizes, and obtaining all necessary third-party permissions and approvals. We have the right to remove your Promotion from Zoptiks if we reasonably believe that your Promotion does not comply with these User Terms or applicable law; (c) we are not responsible for and do not endorse or support any such Promotions. You will ensure that it is clear that the Promotion is yours and that we do not sponsor or co-sponsor of the Promotion.
3.4. Live streaming With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such Contributions from Zoptiks, or generally by closing your account, except: (a) to the extent you shared it with other Users as part of Zoptiks and those Users copied or stored portions of the Contributions in question; (b) we used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.
Where you are an Organiser and any of your Contributions include your personal data, the Host will be the data controller. We will only be the processor, instructed to process such data on the Host’s behalf. If you would like to exercise any of your legal rights in respect of your personal data that may be held by us, you should direct your request to the Host. If you direct your request to us, we will not be able to respond to you directly without first obtaining the permission and instructions of the Host.
3.6. Where you are a Participant You acknowledge that:
where you are a Participant, unless we agree otherwise in writing, if you submit, transmit, display, perform, post or store Contributions on or using Zoptiks, you grant us, and our sublicensees (including the Hosts), to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, non-exclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Contributions in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness and voice (or other biographical information) that you submit in connection with such Contributions. Should such Contributions contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that we and our sub-licensees are allowed to use them to the extent indicated in these User Terms; and the use described above will include a recording of you making any kind of Contribution and a licensee, such as a Host, subsequently sharing this recording with third parties. 3.7. Where you are an Organiser Your Contributions will be owned by the Host. Under our contract with the Host, the Host may have certain choices and control over your Contributions, including the right to use, delete or modify the Contributions.
- Acceptable use restrictions You must:
not use Zoptiks in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Zoptiks or any operating system; not infringe our intellectual property rights or those of any third party in relation to your use of Zoptiks, including by the submission of any material (to the extent that such use is not licensed by these User Terms); not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Zoptiks; not use Zoptiks in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; not collect or harvest any information or data from any aspect of Zoptiks or our systems or attempt to decipher any transmissions to or from the servers running Zoptiks; not access, search or create accounts for Zoptiks by any means other than our publicly supported interfaces (e.g. “scraping” or creating accounts in bulk); and not use contact or other user information obtained from Zoptiks (including email addresses) to contact other Users outside of Zoptiks without their express permission or authority, or to create or distribute mailing lists or other collections of contact or user profile information for other Users for use outside of Zoptiks. 5. Intellectual property rights All intellectual property rights in Zoptiks throughout the world belong to us (or our licensors) and the rights in Zoptiks are licensed (not sold) to you. You have no intellectual property rights in, or to, Zoptiks other than the right to use it in accordance with these User Terms.
- Our responsibility for loss or damage suffered by you 6.1. We are responsible to you for foreseeable loss and damage caused by us If we fail to comply with these User Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these User Terms, both we and you knew it might happen.
6.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
6.3. When we are liable for damage to your property If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
6.4. We are not liable for business losses Zoptiks is for domestic and private use. If you use Zoptiks for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.5. Limitations to Zoptiks Zoptiks is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from Zoptiks. We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
6.6. Please back-up content and data submitted to Zoptiks Whilst we have taken reasonable security measures to protect your content and data as set out in paragraph 3.1, we recommend that you back up any content and data used in connection with Zoptiks.
6.7. Check that Zoptiks is suitable for you Zoptiks has not been developed to meet your individual requirements. Please check that the facilities and functions of Zoptiks meet your requirements.
6.8. We are not responsible for Experiances outside our control If our provision of Zoptiks or support for it is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take steps to minimise the effect of the delay. Provided we have acted reasonably in letting you know about the delay where it is possible for us to do so, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us.
6.9. We are not responsible for other websites you link to Zoptiks may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
6.9. We are not responsible for third party content There will also be content created by third parties (such as contributions from other Users) displayed on or communicated by Zoptiks. We do not control or endorse any such content or make representation or warranty regarding such content, including regarding its accuracy, completeness or its origin. We do not create such content; nor do we monitor or moderate it, and we are not responsible for doing so.
- When your user agreement comes to an end 7.1. Duration of this User Agreement This agreement will come to an end:
where you are an Organiser, on the Host’s subscription for your access expiring or terminating, or your access to Zoptiks being terminated by us; where you are a Participant, when the Event ends, when you cancel your Zoptiks User account with us, or where we terminate your access to your Zoptiks User account. 7.2. When we can end the User Agreement and/or your right to use Zoptiks We can terminate this User Agreement and/or your right to access or use Zoptiks at any time, without notice, including where we reasonably consider that: (a) your use of Zoptiks violates these User Terms or applicable law; (b) you fraudulently use or misuse Zoptiks; or (c) we are unable to continue providing Zoptiks to you due to technical or legitimate business reasons.
If we end your rights to use Zoptiks:
You must stop all activities authorised by these User Terms, including your use of Zoptiks. You must delete or remove Zoptiks from all devices in your possession and immediately destroy all copies of Zoptiks which you have and confirm to us that you have done this. We may take all steps necessary to prevent you from accessing or using Zoptiks including suspending your Zoptiks User account. 8. Your privacy 8.1. Security limitations Please be aware that internet transmissions are never completely private or secure and that any message or information you send on or using Zoptiks may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
8.2. We may collect technical data about your device By using Zoptiks, you agree to us collecting and using technical information about the devices you use Zoptiks on and related software, hardware and peripherals to improve Zoptiks.
Certain aspects of Zoptiks, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for Zoptiks on the device.
Other important terms 10.1. Contacting us If you are having any issues using Zoptiks or wish to contact us for any other reason please email our customer service team at email@example.com.
If we have to contact you we will do so by email or a notification on Zoptiks, using the contact details you have provided to us.
10.2. Updates to Zoptiks From time to time we may automatically update and change Zoptiks to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We will not need your consent to do this and your continued use of Zoptiks following the update will be subject to these User Terms
10.3. If someone else owns the phone or device you are using If you stream Zoptiks onto any phone, laptop, desktop or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these User Terms, whether or not you own the phone or other device.
10.4. Changes to these User Terms We may need to change these User Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will do so by sending you a notification when you next use Zoptiks where you will be required to accept the updated User Terms.
If you do not accept the notified changes you will not be permitted to continue to use Zoptiks.
10.5. We may transfer this agreement to someone else We may transfer our rights and obligations under these User Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
10.6. You need our consent to transfer your rights to someone else You may only transfer your rights or your obligations under these User Terms to another person if we agree in writing.
10.7. If a court finds part of this agreement illegal, the rest will continue in force Each of the paragraphs of these User Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.8. Even if we delay in enforcing this agreement, we can still enforce it later Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these User Terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.9. Which laws apply to this contract and where you may bring legal proceedings These terms are governed by Ohio law and you can bring legal proceedings in respect of the products in the Ohio courts.
We may take proceedings against you in any other court of competent jurisdiction, and the taking of proceedings in any one or more jurisdiction will not preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.