Terms of Use and Privacy Policy

This Service (“Service”) is provided by Wazooapps, LLC. (“Company”).
NO ONE UNDER THE AGE OF THIRTEEN (13) YEARS OF AGE IS ALLOWED TO CREATE AN ACCOUNT OR USE THIS SERVICE.
PLEASE READ THESE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE USING THE ZOOPIX WEBSITE AND ZOOPIX MOBILE APPLICATION (TOGETHER, THE “SERVICE”). YOUR USE OF THE SERVICE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO THE TERMS CONTAINED HEREIN. THE COMPANY RESERVES THE RIGHT TO PERIODICALLY UPDATE AND MODIFY THESE TERMS OF USE AND PRIVACY POLICY WITHOUT FURTHER NOTICE TO YOU. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS SERVICE.
ARBITRATION NOTICE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND THE COMPANY AGREE THAT ANY AND ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, AND YOU AND THE COMPANY AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

  1. License Grant Company grants to you a non-exclusive, non-sublicensable license to use the Services purely for personal noncommercial user in accordance with these Terms of Use and the terms of the ZooPix Mobile App End User License Agreement.
  2. Intellectual Property Rights The Service is protected by copyrights, trademarks, and other proprietary rights, (collectively, the “Intellectual Property”), whether registered or unregistered. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Intellectual Property displayed on this Service without the written permission of Company. Reproduction, distribution, republication and retransmission of material contained within the Company Service is prohibited unless the prior written permission of Company has been obtained. Your misuse of the Intellectual Property displayed on the Service, or any other content on the Service, is strictly prohibited.
  3. Third Party Content
    1. Some links within the Service may lead to other sites owned and operated by third parties. Company is not responsible for their Content and does not necessarily sponsor, endorse or otherwise approve of the materials appearing in such sites.
    2. You understand that all postings, messages, information, suggestions, ideas, data, text, files, images, photos, pictures, graphics, advertising, audio and video clips or other materials posted on, transmitted through, or linked on this Service (collectively, the “Content”), are the sole responsibility of the person from whom such Content originated. Company does not claim any ownership over user Content. You acknowledge and agree that Company is not responsible for the Content, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Content. Content and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. By submitting any Content to the Service, you hereby grant Company, its affiliates, successors, agents, licensees and business partners a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, use and distribute the Content in any medium for commercial and non-commercial purposes. By submitting Content you warrant and represent that you own or otherwise control all of the rights to your Content including, without limitation, all the intellectual property, rights of privacy and publicity, and all rights necessary for you to provide, post, upload, input or submit the Content to the Service and for the Company to be able to reproduce, modify, publicly display, performance, and digital transmission of the Content to other users of the Service.
    3. Company will not be liable for any damage or harm resulting from any Content or your interactions with other users of the Service. Company reserves the right, but has no obligation, to monitor interactions between you and other users of the Service and take any other action to restrict access to or the availability of any material that Company or another user of the Services may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates these Terms of Use). Company reserves the right, in its sole and absolute discretion, to delete any user-generated Content stored or posted to the Service.
    4. To the extent any portion of the Service contains opinions provided by third party users of the Services, such opinions are the opinions of the individual author and may not reflect the opinions of the Company or any of its employees. Company is not responsible for their Content and does not necessarily sponsor, endorse or otherwise approve of the materials provided by third parties.
    5. Company has no obligation to monitor user submitted Content or to retain any Content, but expressly reserves the right, in its sole and absolute discretion, to modify or delete or retain any user submitted Content.
  4. Proper Use of the Service ZooPix was developed with a goal of providing a positive environment where pet guardians and pet lovers can enjoy the animals. You agree to use this Service in a manner that is consistent with that goal.
    1. You agree not use this Service for any purpose that is illegal or prohibited by these Terms of Use.
    2. You agree not to post content that contains or is linked to pornography, violent graphics, hate speech, incites violence, or make threats.
    3. You agree not to use this Service to defame, bully, harass or intimidate.
    4. You agree not to solicit nor attempt to use without their permission the login credentials (username, password) of another user.
    5. You agree not to spam other users.
    6. You agree not to upload spyware, malicious code or viruses to the Service.
    7. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliate with any person or entity.
    8. You agree not to use the Service to send unsolicited messages to advertise any goods or services.
    9. You agree not to use bots or other automated techniques to collect information from the Service.
  5. Contests, Promotions From time to time, Company may offer online polls, surveys, contests and other incentive programs. Participation in these survey, or contests is completely voluntary; you have a choice whether or not to disclose information required to enter. Information requested may include personal contact information such as your name, address, phone number, mobile phone number, e-mail address, username, and/or similar information. Contests and other incentive programs may be governed by additional terms and conditions.
  6. Privacy Policy The terms within this Section shall constitute the Privacy Policy.
    1. Personally Identifiable Information: Personally Identifiable Information (“PII”) is information that identifies you or could reasonably be used to identify you personally (such as your name, address, phone number or email address). Company does not collect any PII from you, unless you provide it voluntarily. If you decide to provide your PII, Company will only collect that information which is needed to fulfill your requests and Company’s legitimate business objectives. If you refuse to divulge your PII when requested, you may not be able to access certain areas of the Service.
    2. Company collects the following PII:
      1. Any information you provide to us in order to use the Service, including but not limited to:
        1. Name and Email address which is required for account registration;
        2. Pet’s Name and Pet Username which is required to create a Pet Profile;
        3. Facebook Id which is required when registering with Facebook;
        4. Pet’s image, Pet’s Birthdate, Other Information about the User’s Pet is optional for Creating Pet’s Profile;
        5. Business Name, Business Email address, Business Type which is required for Creating a Business Account;
        6. Business Contact Information: Phone, Contact Email, Web Url, and Other Information about Business is optional for a Business Account Profile;
      2. Information we collect when you use the Service
        1. We have access to the photos, videos, comments, licks and any content that you Post on the Service to display it on the feeds, in search results and other pages in the Service;
        2. Contacts List are optional for general use of the Service, but required for you to find users through the Contacts List and for users to send invitations for the ZooPix App to User’s contacts;
        3. Link to Facebook Account, Facebook Id and Access to List of their Facebook Friends that have given permissions for the ZooPix App on their Facebook Account – this list include the Facebook Id and names of those Facebook friends. (Optional for general use of the ZooPix App but required if the user wants to find ZooPix users through their Facebook Friends or to invite their Facebook Friends to use the ZooPix App.)
        4. Analytics Information (Collect information about the usage of the app – how many people are using the app and how they are using the app).
        5. Cookies (Used on the web page for authentication purposes)
        6. Log File information (Collected to track information about app crashes and to improve the app when errors occur. This includes information about the device like the device operating system, model, etc)
        7. Device Identifiers (We access Device Id when the User would like to receive notifications from ZooPix, when the other users follow or request to follow them, when they receive lick or comments on their posts or other notifications)
        8. Photo metadata
    3. Non-Personally Identifiable Information: Company does aggregate certain anonymous information such as IP addresses and browser information, and user preferences that does not specifically identify you. Company also may employ the use of “cookies” to store temporary information in your computer’s memory for administrative purposes such as maintaining your session state or facilitating future login to the Service. Cookies can be deleted or disabled by you at any time, however, deleting or disabling cookies may prevent or impede your access to the Service.
    4. We do not Collect Information from Children: NO ONE UNDER THE AGE OF THIRTEEN (13) YEARS OF AGE IS ALLOWED TO CREATE AN ACCOUNT OR USE THIS SERVICE. Company does not knowingly collect any PII from anyone who we know to be under the age of 13. Should a minor share any personal information, Company will comply with the Children’s Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet, including taking reasonable efforts to delete such person’s PII from its system upon being notified.
    5. Content posted by you to any portion of the Service may be accessible to the general public. Company is not responsible for protecting such information (e.g. if you post your User Name and Telephone Number).
    6. Except as described in this policy, Company will not give any of your PII to any third party without your express approval. PII which Company collects for a particular purpose will only be saved and used for that purpose, unless you agree to allow Company to use it for some other purpose, including but not limited to, you opting in to receive certain promotional information or you enter the Company’s contests. When you have provided personal information to Company for a particular purpose, Company may disclose such information to other companies (“Service Providers”) that Company has engaged to help us provide the Service to you. This may include, but is not limited to, the sharing of cookies data with business partners that may allow them, among other things, to deliver advertisements that they think will be most interesting to you. Company may share your PII (including but not limited to information from location data, usage data, device identifiers, log files, and cookies) with Company Affiliates in order to improve the Service. Company may also disclose any of your PII to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, as may be required by applicable law, or, as Company may deem necessary in its sole discretion, in order to protect the legitimate legal and business interests of Company.
    7. We use various security measures to protect PII that we collect. We keep passwords encrypted. We don’t allow access to personal information without a password. We require email verification upon creation of an account, and thereafter require email verification in order to access that same email account in the event that a user forgets his or her password. You need to maintain the secrecy of your password and access to the emails between you and ZooPix, Unfortunately, while we work hard to ensure the security of your PII while it is on our systems, no security measures are perfect and data transmitted over the Internet cannot be guaranteed to be 100% secure from being accessed, disclosed, altered or destroyed. We cannot and do not ensure or warrant the security of any information you transmit and you do so at your own risk. Some links within the Service may lead to other sites owned and operated by third party organizations and we are not responsible for the functionality, privacy, or security measures of any of those third party organizations.
    8. We reserve the right to disclose, share and/or otherwise transfer user information, including without limitation PII, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of Company’s assets, or other fundamental corporate change, whatever form it may take. You will be notified via e-mail or prominent notice on our Service prior to a change of ownership or control of your PII, if your PII will be used contrary to this policy.
    9. This Service is operated, in whole or in part, from the United States and any other country in which the Company, its Affiliates or Service Providers maintain facilities. This Service is intended for North American residents only. However, by using this Service, regardless of where you live in the world, you consent to have your personal data transferred to, processed, stored, and disclosed in the United States, or any other country in which the Company, its Affiliates or Service Providers maintain facilities. You also consent to allow us to use and collect your personal information in accordance with this Privacy Policy.
    10. Unsubscribe: You can unsubscribe from receiving emails from this Service by clicking on an “unsubscribe” hyperlink contained in the emails we send you. Additionally you may email us at unsubscribe@zoopixapp.com.
    11. Notice to California Residents / Your California Privacy Rights and Canadian Residents: California and Canadian residents are entitled to request and obtain certain information regarding our disclosure, if any, of PII and to request updates to such information or revocation of consent of use of such information. To make such a request, please send an e-mail to support@zoopixapp.com and include this Service as the subject line, and your full name, e-mail address, and postal address in your message. Please see the “UNSUBSCRIBE” section above for additional information.
  7. DMCA Notice If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Service, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA), Title 17, United States Code, Section 512(c)(2). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
    A physical or electronic signature of a person authorized to act on behalf of the copyright owner; Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Company to locate the material; Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or by law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The above information must be submitted as a written notification to the following Designated Agent:

    ATTN: Will Reilly
    Wazooapps, llc
    2001 Route 46
    Waterview Plaza
    Suite 310
    Parsippany, NJ 07054
  8. Disclaimer of Warranties
    1. COMPANY ASSUMES NO LIABILITY FOR THE USE OR INTERPRETATION OF INFORMATION CONTAINED HEREIN. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ANY AND ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE OR CONTENT THEREIN ARE ERROR-FREE OR WILL BE UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS.
    2. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DENIALS OF SERVICE (INCLUDING COMPUTER CRASHES), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR ANY DOWNLOADED CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  9. Indemnification You agree to indemnify and hold harmless Company, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of and access to the Service, your violation of these Terms of Use, your violation of any rights of a third party, including but not limited to claims of: infringement of third party intellectual property rights or rights of privacy and publicity, claims of defamation, as well as your violation of any applicable laws or regulations.
  10. General
    1. These Terms of Use will be governed by and construed in accordance with the laws of the State of New Jersey.
    2. These Terms of Use contain the entire understanding of the parties hereto relating to the use of the Service and supersedes any prior written or oral agreement or understandings between the parties with respect to the Service, and cannot be changed or terminated orally.
    3. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, the remainder of these Terms of Use shall continue in full force and effect.
    4. Any claim or dispute between the parties, or against any agent, employee, successor or assign of the parties, related to or arising from this Agreement, shall be resolved by binding arbitration under the applicable commercial arbitration rules of the American Arbitration Association. The Parties agree that such arbitration shall take place in Morris County New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. The Parties shall divide equally the administrative charges, arbitrators’ fees, and any related expenses of arbitration, but each party shall pay its own legal fees incurred in connection with such arbitration. Notwithstanding the foregoing, nothing shall preclude any party from seeking equitable relief in conjunction with or prior to any arbitration in order to preserve the status quo or prevent irreparable injury.
  11. Notice If you have any questions regarding these Terms of Use and or Privacy Policy, or if you would like to contact Company for any other reason, please write to:

    ATTN: Will Reilly
    Wazooapps, llc
    2001 Route 46
    Waterview Plaza
    Suite 310
    Parsippany, NJ 07054