Website Terms of Use

Last Modified:July 17, 2020

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Zoodiker, Inc. ("Zoodiker," "we," "our," or "us"). The following terms and conditions, together with our Privacy Policy and Copyright Policy (collectively "Terms of Use") govern your access to and use of zoodiker.com, including any content, functionality, and services offered on or through zoodiker.com and/or a Zoodiker application for a smart device, now existing or in the future (collectively, the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By clicking to accept or agree to the Terms of Use, you agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

Your Age

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Zoodiker and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.If we learn that you are under the age of 18 or you are acting on behalf of someone under the age of 18, we will terminate your account.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website, including an Author’s Work, is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the features it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with, access, or use this Website are governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Zoodiker, a Zoodiker employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Zoodiker or users of the Website, or expose them to liability.
  • To compete (directly or indirectly) with the Website.

Additionally, you agree not to:

  • Steal any content from the Website, whether our content or a third party’s content or claim authorship of any material not created by you.
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, code, films, programs or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website contains a platform for user submissions, mainly in the form of Works and Feedback.“Works” are original stories, screenplays, poetry, and other narrative writings. “Feedback” are comments, evaluations, critiques, opinions, and suggestions responsive to a particular Work.Content or materials on the Website’s message boards, chat rooms, and other interactive features (collectively, "Interactive Services") where users post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") are also deemed Feedback. Work and Feedback are collectively deemed "User Contributions".

A user may either be an “Author” or a “Reader”, depending on the context.The “Author” is the creator (or co-creator) of a Work. When a user posts a Feedback, such user is a “Reader”.

An Author can allow access to its Work to all Readers or restrict access to selected Readers.Unless necessitated by extenuating circumstances, Zoodiker does not compel an Author to provide access to its Work.However, all users who have access to an Author’s Work have access to Reader Feedback.The Author cannot selectively restrict access to the Feedback except by restricting readership of its Work.

Zoodiker makes no representation or warranty that a Work or Feedback will be restricted, accessed, or displayed in accordance with the Author’s preference.Authors and Readers post their Work or Feedback at their own risk.

User Acknowledgement

You represent and warrant that:

  • You own or control all rights in and to the User Contributions. If a Work is co-written, you warrant that your partner(s) has consented to the posting.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that:

  • You and the User Contributions must comply with the Content Standards set out in these Terms of Use.
  • You are responsible for any User Contributions you submit or contribute, and you, not Zoodiker, have full responsibility for such content, including its legality and appropriateness.
  • We are not responsible or liable to any third party for the content (and any use thereof) of any User Contributions posted by you or any other user of the Website.
  • Zoodiker does not currently provide file backup services of any kind. You will not be able to download a copy of your work, by design of the Website and as part of our keeping your files secure. You are responsible for the proper storage and backup of your data.
  • Zoodiker may provide the Author the ability to download Feedback to its Work.
  • A Reader’s interactions, reactions, engagement, data, and meta-data related to its behaviors, and any response to inquiries, questions, or surveys by or on behalf of Zoodiker with respect to a Work (“User Analytics”) is the property of Zoodiker.Zoodiker retains all rights, title, claims, and interest in User Analytics.Zoodiker may disclose User Analytics to other users or third parties at its own discretion.

Warning for User Contributions:May Contain Objectionable Content

User Contributions may include sensitive topics or language that may trigger a negative reaction or offend certain users (“Sensitive Content”) Sensitive Content may include:

  • Language that is defamatory, obscene, indecent, abusive, offensive, violent, hateful, inflammatory, or otherwise objectionable.
  • Language that depicts a sex scene, self –harm (e.g. suicide; eating disorder), and/or abuse (including but not limited to sexual, verbal, emotional, and physical abuse).
  • Language that describes, advocates, or promotes illegal activity or an unlawful act.
  • Language that causes upset, annoyance, alarm, or anxiety.

Users may opt to tag their own User Contributions for Sensitive Topics.Zoodiker does not moderate or vet for Sensitive Content.We cannot warrant that content without a tag is free of any Sensitive Content or that a tag is accurate or complete.

Zoodiker disclaims any and all liability for any damage (including but not limited to any physical, emotional, and/or pecuniary damage) resulting from exposure to Sensitive Content.

Content Standards for User Contributions

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.

WORKS MUST BE ORIGINAL SUBMISSIONS BY THE AUTHOR (or CO-AUTHORS). ZOODIKER DOES NOT TOLERATE ANY INTELLECTUAL PROPERTY INFRINGEMENT.

User Contributions in the form Feedback must be kind, respectful, and civil.We will not tolerate any communication that is hateful, abusive, threatening, harassing, obscene, or indecent.

Zoodiker has zero tolerance for any action that puts users at personal risk.Users are absolutely prohibited from revealing personal information or personally identifying information about another person, such as but not limited to a person’s name, address, email address, or image.Zoodiker assumes no liability for any person posting his/her own personal information or a third party’s personal information.

Zoodiker encourages Authors to appropriately tag their Work for Sensitive Comment.While there is no obligation to do so, appropriate tagging may allow the desired audience to reach your Work.

Zoodiker does not allow for any User Contribution that advertises products or services unrelated to, or not authorized by us.If any User Contribution is reasonably believed to be spam, Zoodiker may remove such content free from any liability.

Reporting Violations of Content Standards

If you believe a user has violated these Terms of Use, contact us at admin@zoodiker.com to submit a report.

Intellectual Property Rights

Our Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, User Analytics, and the design, selection, and arrangement thereof) excluding Author Contributions are owned by the Zoodiker and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Your Rights

You own all the rights to the Works that you create and post on the Website. However if the Work you post is not yours, then posting it on the Website does not make it yours or confer to you any rights in the content.

(1) Transfer of Rights to Author

You, as a Reader, hereby convey, transfer, and assign all worldwide rights, title, credit, and authorship in your Feedback to the Author of the Work.

(2) Transfer of Rights to Zoodiker

By posting your content on the Website, you give us a worldwide, nonexclusive, royalty-free, and transferable license to publish your User Contribution on our Website , and any reasonably related actions (such as, but not limited to, storing, displaying, reformatting, and distributing your Work, Feedback, content, and materials).

To the extent any User Analytics is owned by you, you hereby assign, transfer, and convey all rights, title, claims, and interest in your User Analytics to Zoodiker.

(3) Your Responsibility for Your Content

You are responsible for the content and material you post. This means you assume all risks related to its publication and display, including someone else’s reliance on its accuracy and any claims relating to intellectual property or other legal rights.

Restrictions Based on Intellectual Property Rights

You must not reproduce, distribute, modify, create derivative works of, use, publicly display, publicly perform, republish, download, store, or transmit any of the materials on our Website, whether our material or another user’s material, such as, but not limited to text, illustrations, photographs, video or audio sequences, and graphics, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • If we provide desktop, mobile, or other smart device applications for download, you may download a single copy to your smart device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not delete or alter any copyright, trademark, or other proprietary rights notices from any material from this site.

If you violate our or a third party’s intellectual property rights, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Zoodiker. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademark Notices

The Zoodiker Inc. name, the term Zoodiker, the Zoodiker logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Zoodiker Inc. You must not use such marks without the prior written permission of the Zoodiker. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Our Rights and Responses to Enforce our Terms of Use

Where there may be a violation of our Terms of Use, we may take action.

We have the right to:

  • Remove or refuse to post any User Contributions in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Zoodiker.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use or for any or no reason.

Without limiting the foregoing, and without restriction, we will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ZOODIKER AND ITS SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ZOODIKER AND ITS SERVICE PROVIDERS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER ZOODIKER OR LAW ENFORCEMENT AUTHORITIES.

No Liability For User Contributions

We do not undertake to review materials before they are posted on the Website, and cannot ensure prompt removal of objectionable materials, whether or not they constitute Sensitive Content, after they have been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of enforcement activities.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy instructions on sending us a notice of copyright infringement. It is the policy of Zoodiker to terminate the user accounts of first time or repeat infringers, at Zoodiker’s sole discretion.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, and may include materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All user submissions, statements and/or opinions expressed in these materials, and all articles, responses to questions and other content, other than the content provided by Zoodiker, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Zoodiker. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We are not responsible for User Contributions and provide no right of any kind with respect to a User Contribution, including a right of access.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy [SEE PRIVACY POLICY BELOW]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Suggestions for Zoodiker

We welcome ideas and suggestions to improve Zoodiker.If you submit ideas or materials to Zoodiker, we make no assurances that your submission will be treated as confidential or proprietary.All comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you regarding the Website, and any smart device applications, shall be deemed non-confidential and non-proprietary and shall become the exclusive property of Zoodiker Inc. without compensation. You understand that Zoodiker utilizes both internal and third party resources that may have developed or may in the future develop ideas identical or similar to your suggestions.In any event, you acknowledge and agree that Zoodiker assumes no obligation of confidentiality or nondisclosure, express or implied by considering your feedback or suggestions. Without limitation, Zoodiker shall exclusively own all now known or hereafter existing rights in and to your suggestions, and Zoodiker shall be entitled to unrestricted use of your suggestions for any purpose whatsoever, commercial or otherwise without any form of compensation.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files that may be available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR YOUR SUBSCRIPTION PLAN IN THE LAST THREE MONTHS OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Zoodiker, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Zoodiker's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST ZOODIKER ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Zoodiker of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Zoodiker to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and our Copyright Policy constitute the sole and entire agreement between you and Zoodiker regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Zoodiker, Inc.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: ADMIN@ZOODIKER.COM.

Copyright Policy

What is Copyright Infringement

Infringement occurs when a work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without permission of the author or creator.

Below are some examples of copyright infringement.This list is not intended to be a complete list of infringing activity.

  • Posting a work without attributing the work to the Author or creator when the Author or creator did not consent.
  • Posting a work and giving credit to the Author or creator when the Author or creator did not consent.
  • Posting an adaption or slight alteration of a work when the Author or creator did not consent.

Reporting Claims of Copyright Infringement

Zoodiker, Inc. ("Zoodiker," "we," "our," or "us") take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Honeah Sohail Mangione

Ellenoff Grossman & Schole LLP

1345 Avenue of the Americas

New York, NY 10105

646-895-7238

copyright@egsllp.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated [above/below]. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Our designated agent to receive Counter Notices is:

Honeah Sohail Mangione

Ellenoff Grossman & Schole LLP

1345 Avenue of the Americas

New York City, NY 10105

646-895-7238

copyright@egsllp.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Response to Infringement

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who infringe third party rights, irrespective of the extent of infringement.

 

 

Zoodiker Privacy Notice for California Residents

Effective Date: July 17, 2020

[Last Reviewed on: July 17, 2020

This Privacy Notice for California Residents supplements the information contained in Zoodiker's [HYPERLINKED URL TO GENERAL PRIVACY NOTICE] and applies solely to all visitors, users, and others who reside in the State of California ("you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA). 

Any terms defined in the CCPA have the same meaning when used in this Notice. Any term in bold has the meaning ascribed in this policy or in Zoodiker’s Terms of Use.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.

In particular, our Website collects the following categories of personal information: 

Category

Examples

A. Identifiers.

A real name, Internet Protocol address, email address.

B. Personal information categories listed in the California Customer Records statute 

A name, telephone number, education, employment, bank account number, credit card number, debit card number, or any other financial information.

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

C. Protected classification characteristics under California or federal law.

Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, sex (including gender, gender identity, gender expression, sexual orientation.

D. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

E. Professional or employment-related information.

Current job.

F. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, abilities, and aptitudes.

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

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Website.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes: 

  • To fulfill or meet the reason you provided the information. For example, if you provide your personal information to purchase a subscription with us, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate orders or process returns. 
  • To provide, support, personalize, and develop our Website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Personal Information Shared With Service Providers Only To Process Payment

We may disclose your personal information to a third party solely to process your purchases, transactions, and payments with our service providers.  

Personal Information Shared With Third Parties After De-Personalizing

Zoodiker may process your personal information in deidentified and/or pseudonymized form and compile the results in aggregated form to develop User Analytics.  The User Analytics may be be shared and sold to third parties without restriction.

To emphasize, any disclosure or sale of your personal information will only be in deidentified, pseudonymized, and/or aggregated form.  

Your Rights and Choices 

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we 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 (see Exercising Access, Data Portability, and Deletion Rights), 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 

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. However, the only purposes for which we collect your personal information are exceptions to your deletion requests.  Notably, the purposes for which we collect and retain your personal information are to: 

  1. Complete the transaction for which we collected the personal information, provide access to Zoodiker.
  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.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • [Calling us at [TOLL-FREE NUMBER].]
  • [Emailing us at [EMAIL ADDRESS].]
  • [Visiting [WEBSITE ADDRESS].]
  • [[PASSWORD PROTECTED ACCOUNT INSTRUCTIONS].]
  • [[OTHER METHOD].] 

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. 

You may only make a verifiable consumer request for access or data portability 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, which may include:
    • Your Zoodiker user name.
    • The name under which you furnished your payment information.
    • [VERIFICATION REQUIREMENTS].
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. 

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

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. 

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.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. 

Personal Information Sales Opt-Out and Opt-In Rights

Zoodiker does not sell your personal information. 

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.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Zoodiker collects and uses your information described here [and in the Privacy Policy], your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: [TOLL-FREE PHONE NUMBER]

Website: [WEBSITE CONTACT URL]

Email: [EMAIL ADDRESS]

Postal Address: 

Zoodiker

Attn: [CONTACT NAME/DEPARTMENT]

[PHYSICAL ADDRESS]

[[OTHER CONTACT METHOD]: [CONTACT INSTRUCTIONS]]

See Notes Below (after review, should be deleted b/c not party of CA Privacy Policy)

NOTES FOR ZOODIKER – TO DELETE

Respond to Verified Consumer Rights Requests

Under the CCPA, a business must:

  • Provide consumers with at least two methods to request information regarding personal information collected, sold, or disclosed. However, because Zoodiker operates exclusively online and has a direct relationship with the consumer, it is sufficient for Zoodiker to only offer an email address.
  • Comply with a verifiable consumer request.
  • Respond within 45 days after receipt, potentially extendable once for another 45 days, provided the consumer is notified within 45 days of the extension and its reasons.
  • Inform the consumer of the reasons for not acting.
  • Provide the information free of charge, unless the request is manifestly unfounded or excessive.
  • Delete, and direct any third-party service providers to delete, any personal information collected about the consumer, after receipt of a verified consumer request or determine if an exception applies.  So Zoodiker must ask Stripe