PRIVACY POLICY AND TERMS & CONDITIONS

PRIVACY POLICY AND TERMS & CONDITIONS

PRIVACY POLICY

Welcome to Zeeoma which is owned and operated by Zeeoma(“Zeeoma,” “we,” or “us”). As a customer of Zeeoma, your trust is our most important asset. This Privacy Policy describes the types of information we collect from you, how we use, share and protect this information, and what choices you have with respect to this information. This Privacy Policy applies to the personal information we collect from you when you visit our Site, sign up to receive the latest deals, news, emails and information from us, place an order or make a purchase at our Site, or otherwise register your email address with us.

This policy is subject to the provisions of our Terms and Conditions of Use, which are incorporated by reference into this policy. If at any time you do not agree to this Privacy Policy, please do not use this Site. 

We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Site. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and check the Website from time to time to be sure you understand all terms and conditions, agreements and policies of the Website and are in compliance with them. You can tell if the policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

 

Categories of Personal Information We Collect

We collect personal information from you when you register for a Site account, place an order with us, subscribe to our e-mail newsletter, or otherwise send a request or inquiry to us. In general, the types of personal information we collect include:

Registration Information: When you register with us, we may collect your name, shipping and billing address, e-mail, phone number and other contact information.

Order History: When you make purchases with us, we collect and store information about your purchases, such as order date, order amount, items purchased, payment method, shipping information, and the like.

Purchase Information: If you make a purchase through the Site, we collect your shipping and payment information, such as your credit or debit card number, expiration date and other information necessary to process your payment. We use this information only to process your purchase. We do not store this information unless you are a registered user and you choose to save this information to your account for future purchases.

Site Activities: We use cookies and other tracking technologies to automatically collect information about you when you visit our Site or use our services, including IP address, browser type, operating system, date and time of visit, time spent on and/or logged on to Site, pages visited, links clicked, items viewed, items added to your shopping cart, referring URL and other Site activity. We may combine such site information with the personal information we have collected from you. For more information, see the “Cookies and Other Tracking Technologies” section, below.

Other Information: We also collect and store information about any inquiries or communications you submit to us, and any promotions in which you participate at our Site. In addition, we collect your e-mail address and name if you sign up to receive information about the latest deals, promotions and information from Zeeoma In addition, we may receive other aggregate, demographic information about our customers.

We may also collect personal information about you from other third parties, such as demographic firms, to make our future service and marketing efforts more efficient and personalized for you.

 

How We Use Your Information

 In general, we use the information we collect from you, including any personal information, for the following purposes:

  • To process and fulfill your order, including to send you e-mails to confirm your order status and shipment, or to otherwise communicate with you about your order

  • To communicate with you about your account

  • If you have opted in, to send you marketing information by e-mail, postal mail and/or text message, about our products, services, contests, and promotions

  • To help us learn more about your shopping preferences, to develop and provide products and services tailored to your interests and to otherwise personalize your experiences at our Site

  • To better understand how users access and use our Site on an aggregate level

  • To provide troubleshooting, technical support and customer service to users

  • To help us address problems with and improve our Site design, products and services

  • To enhance your shopping experience

  • To analyze trends and statistics and for research purposes

  • To protect the security or integrity of the Site and our business

  • To investigate, prevent or take action regarding violations of this Privacy Policy or the Terms and Conditions of Use

   

 

How We Disclose Your Personal Information

We may disclose your personal information as describe below:

Sharing with 3rd Parties: We may share your information with: service providers; third-party marketing agencies, partners, or data co-ops; and, other third parties we use to support our business for commercial purposes. For example, this may include third party merchandise vendors, providers of order fulfillment and package delivery services for our products or payment processors. It may also include companies that send emails on our behalf, process subscriptions to our magazine, provide marketing assistance (including with respect to text message, SMS, or MMS marketing), data analysis or search results. We do not authorize these service providers to use or disclose your personal information except as necessary to perform services on our behalf or comply with legal requirements.

 

You may opt-out of having your information shared with our service providers, marketing agencies, and other third parties we use to support our business by emailing us at customercare@zeeoma.com. We will be sure your name is removed from the list we may share with third parties as soon as possible after we receive your request.  You may also opt-out of having your information shared with third parties by mailing your request to: 

ZEEOMA

101 West County Center,

Saint Louis, Missouri, 63131

 

Please note your preference as stated below:

“I prefer not to have my personal information shared with any third parties, including Zeeoma’s service providers, third-party marketing agencies, partners, or data co-ops, or any other third parties used by Zeeoma for commercial purposes.”

Please note that direct mail requests may take up to six to eight weeks to become effective.

Zeeoma Affiliates: We may share your personal information with other members of the Zeeoma family of companies (e.g. Zeeoma affiliates and subsidiaries). When we do, they may only use personal information for the purposes described in this policy.

Business Transfers: If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the acquiring company.

Legal Process: We may also disclose the information we collect from you in order to comply with the law, a judicial or administrative proceeding, court order, subpoena or other legal process.

To Protect Us and Others: We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety, rights or property of any person or party, or violations of our Terms and Conditions of Use or this Privacy Policy.

Additional Disclosures: We may also share your information to fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide the information, or for any other purpose outlined in this privacy policy.

Notwithstanding the above, we may share aggregate or de-identified information about users with other third parties without restriction.

  

Cookies and Other Tracking Technologies

When you interact with the Site, we strive to make your experience easy and meaningful. We may use or engage others to use cookies, clear gifs and Flash LSOs to track user activity and collect Site data. We may combine this information with other personal information we have collected from you, and may use this combined information for future marketing initiatives and to help us improve our website presentation and your overall shopping experience.

Cookies: Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser or record-keeping purposes. There are two types of cookies: session-based and persistent-based cookies.

  • Session Cookies: Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged in to the Site. This allows us to process your online transactions and requests, store the items you have added to your shopping cart, and verify your identity after you have logged in and as you move through our Site.

  • Persistent Cookies: Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, which may be combined with other user information.

 

Third Party Cookies: In addition, we may permit certain third party cookies to be placed on our Site. For example, we may engage third parties to track and analyze non-personally identifiable Site data. We use the data collected by such third parties to help us administer and improve the quality of the Site and services and to analyze usage. We do not provide these third parties with any personal information that we have collected about you.

In addition, we may also work with select partners to distribute web advertisements based on our customers’ internet browsing patterns. We do not provide these third parties with personal information. You may opt out of many of these ad networks, at any time, by going here: http://www.networkadvertising.org and following the instructions to opt-out. We do not have access to or control over these third party cookies nor does this Privacy Policy cover such third parties’ collection and use of data.

Disabling Cookies: Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The “Help” portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Site visitors who disable their web browsers’ ability to accept cookies will be able to browse the Site; however, many Site features, such as the shopping cart, will not function if you disable cookies.

Clear Gifs (Web Beacons/Web Bugs): We or the third parties we engage to track and analyze Site data may employ clear gifs (a.k.a. Web Beacons/Web Bugs) to help us better manage content on the Site. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on your computer’s hard drive, clear gifs are embedded invisibly on Web pages.

Flash Cookies: We may use local shared objects, also known as Flash cookies, to store your Site preferences, to personalize your visit, or to display content based upon what you view on our Site. Third parties with whom we partner to provide certain features on our Site or to display advertising based upon your Web browsing activity, may use Flash cookies to collect and store information. We do not have access to or control over these third party cookies nor does this Privacy Policy cover such third parties’ use of data. 

Flash cookies are different from browser cookies because of the amount and type of data stored. In addition, you cannot control, delete, or disable the acceptance of Flash cookies through your browser. To learn how to manage your settings for Flash cookies, visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118.

 

Your Choices Regarding Marketing

 Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates in connection with our SMS/MMS Mobile Messaging Marketing Program (“Program”). Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies. For more information about the Program, please see our SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS, which are available as part of our Site Terms & Conditions at: zeeoma/terms-conditions

You may opt-out of our text marketing by following the instructions available in our SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS, which are available as part of our Site Terms & Conditions at: zeeoma/terms-conditions (need website address)

 

Opt-Outs 

You may opt-out of receiving marketing communications from us by using the “unsubscribe” link in our emails, or by emailing us at  customercare@zeeoma.com. To opt-out of physical mailings and telephone communications, or to add your name to our do-not-share list, you may email us at the above address. We will be sure your name is removed from our list (and the list we may share with third parties) as soon as possible after we receive your request. Please be aware, however, that even after your request is processed, we may, for a time, retain residual information about you in backup and/or archival copies of our database.

We use personal information that you provide to us to send you direct mail or e-mail advertisements for products or services that we or other companies that we work with offer and that we think you may be interested in.

If you do not want to receive these communications, you can update your marketing information-sharing preferences using the following methods: 

 

Email your request to: support@zeeomaluxury.com

 

OR

 

Mail your request to: 
ZEEOMA

101 West County Center,

Saint Louis, Missouri, 63131


 

Please note your preference as stated below:

 “I prefer not to receive direct mail advertisements, such as periodic catalogs and mailings regarding products and services, special promotions or upcoming events.”

Please note that direct mail requests may take up to six to eight weeks to become effective.

  

Accessing, Correcting, and Deleting Your Information

 You can review and change your personal information by logging into the Site and visiting your account profile page.

 You may also send us an email at customercare@zeeoma.com  to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.


Links to Other Websites and Services

Websites provided by Zeeoma may include links to other Internet sites maintained by third parties. Zeeoma provides these links to you solely as a convenience, and the inclusion of these links and associated sites does not imply endorsement by Zeeoma of the linked sites. You access these sites at your own risk and by accessing them you leave Zeeoma’s website. Linked sites are not under the control of Zeeoma and Zeeoma is not responsible for the contents of these sites.

 

Children’s Privacy

This Site is not intended for children. We do not knowingly collect personal information from, or target our Site to, children under the age of 13. If we become aware that any child under the age of 13 has submitted any personal information to Zeeoma through the Site, we will delete his or her information from our files.

 

Security

We maintain commercially reasonable physical, electronic and procedural safeguards to protect the confidentiality and security of personal information transmitted to us using this website. For example, to guard your information, our website uses SSL technology, which encrypts your credit card number, name and address so only Zeeoma is able to decode this information. To be sure your connection is secure, look at the bottom status bar of your browser window. If you see an unbroken key or a closed lock (depending on your browser) the SSL is active and your information is secure. Most browsers offer additional security alerts as well. If for some reason you are unable to connect to our secure server, please email us at customercare@zeeoma.com to place an order by email. You should be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time

 

There are also certain steps you should take to safeguard your account and information. For example, you should select a secure password that only you know, and should always sign out of your account when finished. It is your responsibility to protect the confidentiality of your password in order to prevent unauthorized access to your account. You are responsible for all activities that occur under your account and password. You should immediately change your password and notify us if you discover or suspect any unauthorized use of your account.

 

Changes to this Privacy Policy

This policy replaces all previous disclosures we may have provided you about our information practices. We reserve the right to change this policy, and to apply any changes to information previously collected, as permitted by law. If there are material changes to this policy, or if our information practices change materially with regard to personal information that we have previously collected from you, we will notify you by posting the policy changes on our website with a new effective date and/or notifying you by email, and will give you the choice of opting out of the material changes.

 

Assignment

Zeeoma may freely assign this policy or any of its right and/or obligations hereunder.

 

Protecting Your Personal Information

You may come in contact with websites, e-mails or texts that try to lure you into providing personal information with the offer of a Zeeoma gift card. Zeeoma does not sponsor these offers nor are we affiliated with the promotion originators. If you become aware of any potentially fraudulent activity on a website or in an e-mail or text, please forward the information to support@zeeomaluxury.com so that we can follow up. We take these matters, and the protection of our customers’ sensitive information, very seriously.

If you have questions regarding our Privacy Policy please contact us at: support@zeeomaluxury.com.  

 

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, please contact us at:

 

Email: support@zeeomaluxury.com.  

By Mail:

Zeeoma address  


TERMS & CONDITIONS

YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS

By using zeeoma.com any related subdomains, services and other sites and tools linked to Zeeoma (collectively, the “Site”), you agree to these Terms & Conditions for the Site. As used in these Terms & Conditions, “Zeeoma”, “us” or “we” refer to Zeeoma, Inc. and its subsidiaries or affiliates.

THESE TERMS & CONDITIONS INCLUDE LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES PROVISIONS AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.

Zeeoma reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions. If you do not agree to any chance in the Terms & Conditions then you must immediately stop using the Site.


ACCURACY OF INFORMATION PROVIDED BY YOU

You represent and warrant that any information that you provide in connection with your use of the Site is true, accurate, and complete, and that you will maintain and update such information as necessary to maintain its accuracy. You acknowledge that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.

YOUR ACCOUNT

You may be required to register with Zeeoma in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Zeeoma reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

TERMINATION

Zeeoma reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms & Conditions. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms & Conditions, including all representations, warranties, limitations of liabilities, and all indemnities shall survive such termination.

TRANSACTIONS

We make available products for purchase through the Site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Zeeoma the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction through the Site.

Descriptions and images of, and references to, third–party products or services available in connection with the Site do not imply Zeeoma’s endorsement of such third–party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.

Zeeoma reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

Nothing on the Site constitutes a binding offer to sell products described on the Site or to make such products available in your area. Zeeoma reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in Zeeomas sole discretion, even after Zeeoma’s receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Site are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, Zeeoma has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Zeeoma will issue a credit to your credit card account.

COLORS

Zeeoma strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, Zeeoma cannot guarantee that your monitor’s display of any color will be accurate.

LIMITATIONS ON QUANTITY

Zeeoma does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, Zeeoma reserves the right to limit quantities on orders placed by the same account, the same credit card, or orders that use the same billing and/or shipping address. We will notify you if such limits are applied.


AVAILABILITY, ERRORS AND INACCURACIES

Many of our featured items are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on the Site is no longer in stock, we make reasonable attempts to remove that item from the Site in a timely manner. Should you have any questions concerning the availability of a particular item or its price, please contact us at customercare@zeeoma.com.. Zeeoma’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed.

If you believe a product offered by Zeeoma is not as described, your sole remedy is to return it to us in unused condition for a refund, subject to our written return policies in effect at the time.

Despite all efforts, a small number of the items on the Site may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Zeeoma reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time, including after an order has been submitted, without prior notice. We apologize for any inconvenience.

SALES, SHIPPING, AND RETURNS

Zeeomamay accept certain credit card payments for the purchase of goods on the Site. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order, or may cause your order to be canceled. Your credit card will be billed upon checkout.

For multiple product orders, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of Zeeoma’s offer to sell. Zeeoma reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

For more information on the sales process, shipping and returns, please see our complete Shipping & Return policy here.

Zeeoma shall automatically charge any sales taxes applicable to sales carried out through the Site, for which the purchaser shall be solely responsible.

RISK OF LOSS

The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier. The risk of loss and title of Gift Cards and e–Gift Cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

COMMENTS / FEEDBACK

We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, product designs or concepts, and other submissions disclosed, submitted or offered to Zeeoma using this Site or otherwise (collectively, “Comments”) are not confidential and will become and remain Zeeoma’s property. The disclosure, submission or offer of any Comments will constitute an assignment to Zeeoma of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.


NO UNLAWFUL OR PROHIBITED USES

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Zeeoma specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

Posting any information which is incomplete, false, inaccurate or not your own; engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol; communicating, transmitting, or posting material that is copyrighted, trademarked, or otherwise owned by a third party unless you are the copyright or trademark owner or have the permission of the owner to post it; communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner; communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another; communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws; attempting to interfere in any way with the Site’s or Zeeoma’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.


INTELLECTUAL PROPERTY NOTICE

All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively “Content”), is owned or licensed property of Zeeoma or its software and content suppliers and is protected by copyright, Zeeoma, patent or other proprietary rights. The collection, arrangement, and assembly of all content on the Site are the exclusive property of Zeeoma and protected by U.S. and international copyright laws. The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or Zeeoma notice.

Zeeoma and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Zeeoma’s or any third party’s intellectual property rights.

Users accessing the Site are invited and encouraged to customize the appearance and design features of Zeeoma products. To the extent that the results of any such customization of our products on the Site are protectable under applicable intellectual property law, the user creating such customizations acknowledge that each is considered Content, wholly and exclusively owned by Zeeoma, and by completing their purchase, assigns all right and title in and to such designs to Zeeoma.


LINKS TO THIRD PARTIES’ WEBSITES

The Site may contain links to websites of third parties, including social sites and product manufacturers. Zeeoma is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Site to communicate with any such website; Zeeomastrongly recommends that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site in no way constitute an endorsement by Zeeoma of these third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.

DISCLAIMERS OF WARRANTIES — GENERAL

While Zeeoma attempts to ensure your access and use of the Site is safe, Zeeoma cannot and does not represent or warrant that the Site or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS (INCLUDING SOFTWARE), SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY ZEEOMA ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Zeeoma MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, OR THAT EMAILS SENT FROM ZEEOMA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ZEEOMA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, ZEEOMA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES, BUT YOU WOULD LOOK SOLELY TO SUCH THIRD PARTIES WITH RESPECT TO ANY SUCH REPRESENTATION AND WARRANTIES.

On the Site, we may display names, marks, products, advertisements or services of third parties, pop–up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.

JURISDICTIONAL ISSUES

The Site is controlled and operated by Zeeoma from the United States, and is not intended to subject Zeeoma to the laws or jurisdiction of any state, country or territory other than that of the United States. Zeeoma does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ZEEOMA OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS ARE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ZEEOMA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

INDEMNIFICATION AND DEFENSE OF Zeeoma

As a condition of the use of the Site, you agree to defend, indemnify and hold harmless Zeeoma, and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site.

ENFORCEMENT OF TERMS & CONDITIONS

BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS & CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. The laws of the State of California, without regard to choice–of–law principles, govern all matters arising out of or related to these Terms & Conditions, including the sale of any products. You agree that the exclusive forum and venue for any legal action arising out of or related to these Terms & Conditions, including the sale of any products, shall be the federal or state courts of Los Angeles County, CA and you submit to the personal jurisdiction and venue of those courts.

MISCELLANEOUS

These Terms & Conditions, including policies incorporated herein, constitute the entire agreement between you and Zeeoma with respect to the Site. These Terms & Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Zeeoma with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in these Terms & Conditions creates a relationship of agent and principal, partners, joint venturers or employer–employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. We may also provide notice of changes to these Terms & Conditions by displaying such notices or by providing links to such notices.

You agree that a printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.