Terms of Use and Privacy Policy

This Service (“Service”) is provided by Wazooapps, Inc. (“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

3.1 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.

3.2 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.

3.3 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.

3.4 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.

3.5 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.

4.1 You agree not use this Service for any purpose that is illegal or prohibited by these Terms of Use. 

4.2 You agree not to post content that contains or is linked to pornography, violent graphics, hate speech, incites violence, or make threats.

4.3 You agree not to use this Service to defame, bully, harass or intimidate.

4.4 You agree not to solicit nor attempt to use without their permission the login credentials (username, password) of another user.

4.5 You agree not to spam other users.

4.6 You agree not to upload spyware, malicious code or viruses to the Service.

4.7 You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliate with any person or entity.

4.8 You agree not to use the Service to send unsolicited messages to advertise any goods or services.

4.9 You agree not to use bots or other automated techniques to collect information from the Service.

5. Promotions, Contests and  Challenges

5.1 From time to time, Company and Users on this platform may offer online polls, surveys, contests and other incentive programs.  Participation in these surveys, 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.

5.2 If you use ZooPix to run, communicate or administer a promotion (example: a Zootivity, challenge, contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:

a) The official rules;

– The offer terms and eligibility requirements (example: age and residency restrictions); and

-Compliance with applicable rules and regulations governing the promotion and all prizes offered (example: registration and obtaining necessary regulatory approvals)

b) You must not inaccurately tag content or encourage users to inaccurately tag content (example: don’t encourage pets to tag themselves in photos if they aren’t in the photo).

c) Promotions on ZooPix must include the following:

A complete release of Company by each entrant or participant and an acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Company

d) We will not assist you in the administration of your promotion and cannot advise you on whether consent is required for use of user content or on how to obtain any necessary consent.

e) You agree that if you use our service to administer your promotion, you do so at your own risk.

5.3 Users may submit ideas, concepts or proposals to the Company for online polls, surveys, challenges, promotions, contests and other incentive programs.  Submission of ideas, concepts or proposals for such programs is completely voluntary and the Company reserves the right to use or not use any submitted idea, concept or proposal without any compensation, credit, attribution or royalty at times and in ways selected by the Company in its sole discretion.  By submitting ideas, concepts or proposals for such programs, users waive all rights of ownership, attribution or compensation related to the ideas, concepts or proposals submitted.

5.4 Users may be permitted to host online polls, surveys, challenges, promotions, contests and other incentive programs as long as all applicable laws and the restrictions in this Terms of Use and Privacy Policy are complied with in every applicable respect.  The Company expressly disclaims and shall not be responsible for the content, judging, rules, awards and results of any such user- hosted programs, including but not limited to the fulfillment of any award, prize or incentive item.  Users participate in such user-hosted programs at the user’s own risk.

6. Privacy Policy
The terms within this Section shall constitute the Privacy Policy.

6.1 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.

6.2 Company collects the following PII:

(a) 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;

(b) 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 and analytics  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 Mobile Advertiser 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

6.3 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.

6.4 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.

6.5 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). 

6.6 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.

6.7. 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.

6.8 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.

6.9 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.

6.10 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@zoopix.com.

6.11 Notice to Canadian Residents: 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 privacy@zoopix.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.

6.12 Additional Information and Choices for California Residents

If you are a California resident, California law, including the California Consumer Privacy Act (CCPA) may provide you with additional rights regarding our use of your personal information.  Please note that the CCPA defines “consumer” as a “natural person” so the rights discussed in this section do not apply to business entities.

Our Service collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”).  Personal Information does not include: (1) publicly-available information from government records; (2) de-identified or aggregated consumer information; (3) information excluded from the CCPA’s scope, like: health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Our Collection of Personal Information.  Our Service has collected the following categories of Personal Information from California consumers within the last twelve (12) months:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. Yes
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

 Yes 
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). No
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. No
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. No
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. Yes
G. Geolocation data. Physical location or movements.  No
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. Yes 
I. Professional or employment-related information. Current or past job history or performance evaluations. No
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.  No
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. No

Company obtains the categories of personal information listed above from the following categories of sources:

      • Directly from you – for example, from information we request from you during the creation of your profile (e.g. your name, your pet’s name, your email address, etc) or the information you provide while creating and interacting with posts (e.g. images/videos, post description, comments)
      • Indirectly from you – for example, from observing your actions on our Service, We gather/create some information so that the app is able to remember you when you log back in (e.g. Mobile Advertiser ID, Unique account ID, Facebook ID, IP Address) We also gather information about how you use the app so that we can continue to improve the service (e.g. what you are posting and commenting on, who you are following, what features you are using)

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

 

Category Examples Disclosed
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. Yes
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

 Yes
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). No
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. No
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. No
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. Yes
G. Geolocation data. Physical location or movements.  No
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. Yes
I. Professional or employment-related information. Current or past job history or performance evaluations. No
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.  No
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. No


We disclose your personal information for a business purpose to the following categories of third parties:

      • Service providers including Data Hosting,  Direct Messaging Service, Operations Reporting,  Error Reporting

Sales of Personal Information 

In the preceding twelve (12) months, Company has not sold personal information.


Access to Specific Information and Data Portability Rights

If you are a California resident, you have the right to request that Company disclose certain information to you about our collection and use of your personal information over the past 12 months.  Once we receive and confirm your verifiable consumer request, we will disclose to you:

      • the categories of personal information we collected about you;
      • the categories of sources for the personal information we collected about you;
      • our business or commercial purpose for collecting or selling that personal information;
      • the categories of third parties with whom we share that personal information;
      • the specific pieces of personal information we collected about you (also called a data portability request);
      • if we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
        • sales, identifying the personal information categories that each category of recipient purchased; and 
        • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. 


Deletion Request Rights 

If you are a California resident, you have the right to request that Company delete any of your personal information that we collected from you and retained, subject to certain exceptions.  Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. 

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 

      1. complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
      2. detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
      3. debug products to identify and repair errors that impair existing intended functionality;
      4. exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
      5. comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
      6. engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
      7. enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
      8. comply with a legal obligation; or
      9. make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access and Deletion Rights

If you are a California resident, you may exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by CLICKING HERE or one of the following methods: 

Calling us at 1-888-966-2509

Sending a letter to the following address:

Attention: Data Privacy Manager
Wazooapps, Inc.
2001 US HIGHWAY 46
Waterview Plaza Suite 310
Parsippany NJ, 07054


Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.  You may only make a verifiable consumer request for access or a copy of your data twice within a 12-month period.  The verifiable consumer request must:

      • provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and 
      • describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. 

Request Verification:  In order to maintain security and protect your privacy we will verify your identity before allowing you access to your personal information or complying with your request.  If you request access to or deletion of your personal information, we may require you to provide certain information including: name, postal address telephone number, and your email address.  You will also be required to sign a California Consumer Privacy Act Declaration form under penalty of perjury that you are the consumer whose personal information is the subject of the request.  If you designate an authorized agent to make an access or deletion request on your behalf (a) we may require you to provide the authorized agent written permission to do so, and (b) for access and deletion requests, we may require you to verify your own identity directly with us.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time, we will inform you of the reason and extension period in writing.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable. 

Personal Information Sales Opt-Out and Opt-In Rights

Company does not currently sell any personal information; therefore, there is no need for you to opt-in or opt-out.  If this changes at some point in the future, Company will update this policy to provide you with instructions about how to opt-in or opt-out.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.  Unless permitted by the CCPA, we will not:

        • Deny you goods or services.
        • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
        • Provide you a different level or quality of goods or services.
        • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels.  Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects.  Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. 

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, Inc.
2001 Route 46
Waterview Plaza
Suite 310
Parsippany, NJ 07054

8. Disclaimer of Warranties

8.1 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.

8.2 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

10.1 These Terms of Use will be governed by and construed in accordance with the laws of the State of New Jersey.

10.2 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.

10.3 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

10.4 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, Inc.
2001 Route 46
Waterview Plaza
Suite 310
Parsippany, NJ 07054