The following is a legal agreement between BizzUp Solutions, Inc. (dba, Zealder), a Florida corporation (referred to as "Zealder," "we," "us," or "our") and the user of this Site (referred to as "you"). By accessing, browsing and/or using this Web site (referred to as "Site"), you acknowledge that you have read, understand, and agree to be bound to these terms of service (referred to as "Terms") and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site.
In addition, when using particular Zealder owned or operated services, you and Zealder shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Zealder may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
Your Use of the Site
Zealder hereby grants you a limited license to use the materials, features, and services provided by Zealder on this Site (collectively referred to as the "Materials" or "Material") subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or Site Materials or posting of Materials on other Web Sites is strictly prohibited.
The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by Zealder or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, or otherwise, any license, title, or ownership of or to any intellectual property right of Zealder or any third party.
All of the Material available on this Site and Material residing on Zealder client websites at the time of original creation are copyrighted © 2001 - 2018, Zealder or used under license. Zealder currently utilizes copyrighted materials from individuals and entities. The copyright information for each licensor is indicated on the applicable portion of the Site, and/or on the electronic messages incorporating their content.
Zealder, BizzUp, the BizzUp logo, and the Zealder logo are service marks or registered service marks of BizzUp Solutions, Inc. dba Zealder, in the United States and other countries. All rights reserved. Use of the Zealder trademarks as meta-tags for search engines or any other purpose is strictly prohibited.
Zealder - Acceptable Use Policy
Zealder has adopted the following Acceptable Use Policy in order to assure that its electronic messages are used in a lawful and appropriate manner. While Zealder does not ordinarily monitor the content of users' messages, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:
Violations of the Zealder Acceptable Use Policy will not be tolerated and may result in termination of service. Zealder may disable the sender's account without compensation or refund. Zealder RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING MESSAGE RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY Zealder TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
Use of and Membership in the Zealder Services is void where prohibited. By using the Zealder Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Zealder Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age.
Subject to full compliance with the Terms of this Use Agreement, Zealder shall provide certain services, as described more fully on the Website ("Products and Services"). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content"). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and Zealder may charge fees for such Services. The Services are provided by Zealder AS IS and Zealder assumes no responsibility for any failure in providing the Services to the Users. Zealder may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Zealder may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability.
Your website is intended to operate with the latest versions of Firefox, Google Chrome, Microsoft Internet Explorer, and Safari for the following operating systems: Windows, Windows Mobile, Mac OS, iOS, and Android. More information about compatibility is available on Website (please see "Compatibility And System Requirements" page of each product's User Guide).
In connection with our services, you may use a domain name that you already own or a domain that we procure for you at your request. In either case, you are the owner of the domain name and are responsible for maintaining and renewing it, including all related registration fees and costs. If you authorize us to use a domain name that you already own, Zealder is not liable for any loss of email or any delays that may be caused when we assume the hosting of the domain.
You are responsible for providing all content for your site. Stock photos and graphics will be used until you submit photos. You should take extreme care diligence in securing and providing your own content for posting. You should ensure that you have ownership of all content you provide to us. Custom design, editing, upgrades and/or color changes outside the scope of the Account Control Panel (“ACP”) may be available at an additional cost through Zealder′s support services.
You agree to accept notices delivered via e-mail from Zealder regarding service, billing and marketing-related issues. Zealder agrees to not release your e-mail address to third parties for solicitation purposes.
Fees and Payment
Some of the Services offered on by Zealder require payment of fees ("Charged Services"??). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. Zealder reserves the right to change its prices at any time. You authorize Zealder directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to Zealder.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If Zealder does not receive a request by the user, through the Account Control Panel (“ACP”), for Charged Services termination you acknowledge and understand that Zealder will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.
Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Zealder expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES REQUIRE AUTOMATIC RENEWAL. AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF AUTOMATIC RENEWAL VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION Zealder WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH Zealder AT Zealder’s THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS Zealder IN RELATION TO THE DISCONTIUATION OF THE SERVICES.
Cancellation & Money Back? Guaranty
The Zealder Charged Services are provided on a prepay basis. Zealder users may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the users themselves through the Account Control Panel (“ACP”) and according to the instructions posted therein. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process through the Account Control Panel (“ACP”).
Zealder will only refund you according to its Money Back Guaranty Policy. Zealder offers a 30-day money back guaranty ("Guaranty Period"). In case you are not satisfied with any of the Charged Services you have acquired and you have provided a cancellation notice, you can submit a refund request in accordance with our Money Back Guaranty Policy, as may be amended from time to time, within the Guaranty Period in order to receive full refund. Zealder will not refund any amounts paid after the elapse of the Guaranty Period.
YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHASED ON OR THROUGH THE WEBSITE (INCLUDING ADD-ON PRODUCTS AND SERVICES) MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE OR APPLICATION ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES OR APPLICATION. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. Zealder WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.?
You may not use this Site to send online messages or cards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. Zealder reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages.
You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.
Links and Advertisements
Zealder may feature on its Site, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH Zealder. Zealder MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. Zealder WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY Zealder ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
There may be circumstances where access to this Site is provided by a link located at another Web site. Neither Zealder nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither Zealder nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither Zealder nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.
Creating Your Own Messages and Photos and/or Images
Zealder may allow you to create your own messages by uploading your own photos, artwork and other materials. If we do make this allowance and you do so, you are subject to the conditions outlined in these Terms. When you upload photos and/or images to the Site you are indicating that you own the photo and/or image and/or have full rights to its use.
When you upload material to the Site and use it to create a message, your material will be used for the transmission of your digital message; however, we may also use such material in the course of performing testing, training and/or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.
From time to time, Zealder may sponsor contests and sweepstakes on its Web Sites. Participation in such contests is entirely voluntary. Zealder does not condition access to any goods or services it offers on participation in any contest. If you elect to enter any such contest, your participation shall be governed exclusively by the contest rules available through the entry forms or in these Terms of Service. You agree to strictly abide by any and all contest rules. Any personally identifiable information you provide in conjunction with any contest shall become the property of Zealder and you hereby consent to receive special promotions and offers from Zealder and its advertisers. In the event that you are awarded any prizes or other consideration, you give Zealder permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote Zealder, its products and services, and no additional consideration shall be paid for such rights.
Warranty Restriction; Limitation Of Liability
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES [INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)] OR AGAINST INFRINGEMENT. Zealder IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC MESSAGES SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER Zealder NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF Zealder HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT Zealder AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER Zealder NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS Zealder AND ITS AFFILIATES AND PARTIES WITH WHOM Zealder HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
You hereby indemnify, defend and hold harmless Zealder and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively referred to as the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. Zealder reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement by Zealder
In the event Zealder determines, in its sole discretion, that you have violated these Terms, Zealder shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of messages from our Site, and/or pursue any other remedies available to it under applicable law.
This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Florida.
Updates to Terms
Zealder shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
Digital Millennium Copyright Act Notices
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Designated Agent of Zealder.