Zoomph is a Zoomph, LLC. owned and operated product. For the purposes of the Zoomph’s Terms of Service (“Terms of Service”), “Zoomph” and “Zoomph Team” will be used interchangeably in referring to the persons responsible for implementing and enforcing Zoomph. The term “User(s)” will be defined as a person(s) utilizing the Zoomph service. The term “Account Representative” is used to define the Zoomph representative that interacts with “Users”.
Zoomph Users may not use Zoomph services in any way that adversely affects other Zoomph Users or infringes upon the intellectual property rights of Zoomph. This includes but is not limited to:
Zoomph is a service that provides custom displays and social media content moderation and analysis. Users of Zoomph are subject to adhering to these Terms of Service. By utilizing and accessing any part of Zoomph.com or a by-product webpage thereof, you agree that you have read, understand, and will adhere to the Terms of Service. Zoomph reserves the right to amend the Zoomph Terms of Service at any time.
Users of Zoomph must provide their real names and information (including physical contact address and email). Here are some commitments you make to us relating to registering and maintaining the security of your account:
We accept Visa, MasterCard, and Discover as forms of payment. Please see our Sign Up page or contact us for more information. Payment for your account activity is facilitated via the online payment system. The credit card on file for your account will be billed on the first of each month for the costs accrued for the month prior, and charged on the second day. Customizations of the Zoomph services will be facilitated by a Zoomph Account Representative by emailing the User (in particular the Account Manager) an invoice. If payment is not received within 15 days of the invoice date, Zoomph reserves the right to deactivate the client account and all User accounts associated with said client account.
Users can upgrade their feed(s) consumption limit at any time so that they can take advantage of the additional services immediately. Monthly bills will reflect the account upgrade on your next statement. Package upgrades are not prorated. You will be charged the upgraded amount for the entire month.
Users can cancel their account at any time by contacting a Zoomph Account Representative. Canceling the service means that you will not be billed at your next billing date. There are no refunds for partial months.
Messaging displayed via the Zoomph service does not reflect the values, opinions or judgments of Zoomph. The Zoomph User will not falsely publish information on behalf of a user. Zoomph Users are not liable for any computer viruses or any other harmful content that can be passed via links in posted tweets or passed to other users via the Zoomph displays. Zoomph Users and viewers of the display outputs assume responsibility for any potentially threatening content posted that can be passed through the Zoomph display. Any links and websites promoted via the Zoomph service do not qualify as an endorsement for said website by Zoomph. The Zoomph service is dependent upon the Twitter, Facebook and Instagram APIs (Application Programming Interface). If the Zoomph service is down due to limited access provided through these APIs, Zoomph is not responsible for any lag in service, nor are the providers of those APIs. By creating a Zoomph service account you acknowledge that this service is dependent upon APIs that are not controlled by Zoomph. View real-time Twitter API availability and performance status at http://dev.twitter.com/status. Current real-time Facebook API availability and performance status can be found at https://developers.facebook.com/live_status/. Zoomph makes no representations and/or warranties regarding uptime for the Zoomph service. By making a conscious decision to login to the Zoomph service or view the webpages associated with the feeds of Zoomph, you understand and agree that Zoomph and its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. You agree to defend, indemnify and hold harmless Zoomph, its contractors, partners, and its licensors, and their respective affiliates against any and all claims and expenses, including attorneys' fees, arising out of your use of the Zoomph service.
Service and website updates will be made routinely and do not require notification to Zoomph Users.
Zoomph does not guarantee any up-time of its services. Zoomph inherits the service level agreements of the APIs from which Zoomph consumes content (i.e., Facebook, Twitter, or Instagram). Zoomph does not guarantee the offering of any of its social sources. At any time, Zoomph can desist working with any APIs of the social media sources from which it consumes content without notice or liability.
Below outlines the service levels provided through the APIs from which Zoomph consumes content:
By uploading or providing Zoomph imagery to place on display in affiliation with your moderated feed, you confirm that the said imagery is in fact your property to publish, or you have received permission to publish. Zoomph reserves the right to remove any imagery that is believed to break copyright law, without prior notice. Accounts of repeat infringers can be deactivated without prior notice.
Zoomph is a trademark of Zoomph, LLC. Use of Zoomph Services grants no right or license to reproduce or use Zoomph products or third-party trademarks.
Any issues, concerns or questions should be directed to the Zoomph Team via the Contact Us page or via email to support@zoomph.com. For urgent concerns it is recommended that communications be directed to the Zoomph Team via the contact us page to ensure timely and prompt response. For issues, concerns or questions regarding any Zoomph customization, please contact your Zoomph Account Representative.
By using the Zoomph service you give permission for Zoomph to use any public display outputs produced by your use of the service and your organization name in product endorsements, case studies or any other use to produce material that could be used for marketing purposes of the Zoomph product.
By using Zoomph you give consent to Zoomph to audit any and all accounts at any given time. This is to ensure your use of the application is safe for users and you are abiding by the Terms of Service.
Users of Zoomph are responsible for safeguarding their password. Zoomph recommends the use of “strong” passwords by using a combination of letters, numbers, uppercase and lowercase letters. Zoomph is not liable for any loss or damage arising from your failure to comply with the above requirements or if your computer is left unattended and passwords are manipulated. When logged into Zoomph and the Zoomph service window is left unattended for an extended period of time (as defined by the system) the service will automatically log you out and you will need to login again to access your account. If for any reason you believe your account password is compromised please reset your password through the login page.
Zoomph reserves the right to terminate any customer’s use of Zoomph at its discretion at any time. This includes access to and use of the Zoomph public-facing site and its services. Reasons for termination may include, but are not limited to failure to pay outstanding balance, copyright infringement, actions deemed to create risk or possible legal exposure for Zoomph, or any other action that breaches the Zoomph Terms of Service. The Zoomph service account holder will be notified of service termination(s) via email or at the next attempt to access the account. You may also delete your account or disable your application at any time. In all such cases, if no outstanding issues exist, this Statement shall terminate. If an account is terminated for a violation of the terms of service, you will not receive a refund.
Last updated: 2/21/2013