Last Updated: July 15, 2015 v9.16
These Terms and Conditions are subject to change at any time, effective upon posting of the Terms and Conditions on Zenvoy. Your use of Zenvoy after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these Terms and Conditions to see if they have been changed.
Use of the services on Zenvoy are void where prohibited.
As a user of this website or a user registered to use any of the Zenvoy Services (a "User"), you acknowledge and agree to the following:
By accessing or using Zenvoy, or the products and services found at Zenvoy, you represent and warrant that you are:
On obtaining an account, you’ll have access to Zenvoy and the functionality that we may establish and maintain at our sole discretion. You agree to use your account for your personal use only and not to redistribute any of the content on Zenvoy for commercial purposes.
You are the sole authorized User of your account. You are responsible for maintaining the confidentiality of any User id, password and account number provided by you or Zenvoy for accessing Zenvoy. Zenvoy, in its sole discretion, may change your id. If a User id has not been accessed for more than 365 days, Zenvoy may cancel or reissue to that User id to a new User. Zenvoy reserves the right to delete all data with the account after a period of 365 days of inactivity. Zenvoy also reserves the right to cancel or reissue any Zenvoy ID that is a registered trademark. You are solely and fully responsible for all activities that occur under your password or account. Zenvoy has no control over the use of any account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Zenvoy immediately. We reserve the right to require you to change your User name or the title of your board at any time and for any reason in our sole discretion. Please be sure to provide us with up to date contact information so we know how to reach you.
If you are paying for Services, we will share your personal information as necessary for payment processors provide these services. Please see the applicable payment processor’s privacy policies for more about their security and privacy practices.
Zenvoy's Services requires your completion of a questionnaire about yourself or group or event. Zenvoy uses this information to build your initial profile and provide 1-on-1 introductions.
Zenvoy may offer various services through applications built using Zenvoy's platforms and devices (“Zenvoy Platforms”). Examples of Zenvoy Applications include its mobile phone applications and Zenvoy's contact record so that people who receive their contact information also get seamless access to product information, testimonials, samples, promotional material, etc., through a simple system of tabs and hyperlinks.
Zenvoy Applications are distinct from third party Platform Applications addressed below in Third Party Sites and Developers. Zenvoy will be able to extract information from, and share information with, most major contact management systems such as SalesForce.com, and across platforms and devices. Additionally, Zenvoy is designed and engineered as a completely modular platform, so that it can continually be updated and enhanced to work with new systems and technologies.
If you use a Zenvoy Platform or interact with a website that has deployed a plugin, you agree that information about you and your use of Zenvoy, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser may be communicated to us.
Further, by importing any of your Zenvoy data through the Zenvoy Platform, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Zenvoy account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Zenvoy through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
Zenvoy may include links to third party web sites (“Third Party Sites”) on www.zenvoy.com, and elsewhere. Zenvoy also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Zenvoy through its developer platform.
Zenvoy is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Zenvoy also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.
Please note: If you allow a Platform Application or Third Party Site to authenticate to or connect with your Zenvoy account, that application or website can access information on Zenvoy related to you and your connections.
In the course of delivering its product, Zenvoy may share:
In the course of delivering its product, Zenvoy will not share:
You own the information you provide Zenvoy under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other Users. Additionally, you grant Zenvoy a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Zenvoy, including, but not limited to, any User generated content, ideas, concepts, techniques or data to the services, you submit to Zenvoy, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Zenvoy profile information accurate and updated.
You are solely responsible for your interactions with other Users. Zenvoy may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Zenvoy reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Zenvoy determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
This Agreement is effective from the date that you first access Zenvoy or submit any information to Zenvoy, whichever is earlier, and shall remain effective until terminated in accordance with this Agreement. We may immediately terminate or change this Agreement, and/or your access to and use of Zenvoy, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use Zenvoy shall immediately cease, and you shall destroy all copies of information that you have obtained from Zenvoy, whether made under this Agreement or otherwise. All disclaimers and all limitations of liability and all our rights of ownership shall survive any termination.
"Content " is defined as any information and materials you provide to Zenvoy or other users in connection with your registration for and use of Zenvoy Services, including without limitation that posted or transmitted for use in Community Areas (blogs, comment areas, etc.). You are solely responsible for the Content you provide, and we act merely as a passive conduit for your online distribution and publication of your Content. You hereby represent and warrant to Zenvoy that your Content will:
You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS’ online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
We do not pre-screen, monitor, review or edit Content posted by Users. However, we have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that in our judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such Content.
Solely to enable Zenvoy to use your Content, so we are not violating any rights you might have in that information, or to your name or likeness, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, without any compensation to you, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in your Content, in any media now known or not currently known.
In addition to the types of content which are not permissible as set forth above, Users will follow the following Code of Conduct in communicating with other Users and Zenvoy:
Zenvoy may charge fees in relation to services that we offer. If you choose a service that charges a fee, you agree to Zenvoy storing your payment card information. All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified. Users must have sufficient funds available in their account to fully pay for the total cost of any transaction they want to make. You agree to reimburse us for all collection costs and interest for any overdue amounts.
You expressly agree that any inquiries or disputes regarding any transaction fee must be made within thirty days after the transaction is made. Notwithstanding such inquiries, you agree and acknowledge that the decision of Zenvoy regarding such transaction fee inquiries is final. You also expressly agree in no event shall Zenvoy be liable for any damages in excess of the amount of the most recent monthly fee that you paid for a service, if any, or $100 US, which amount is greater, nor shall Zenvoy be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of Zenvoy, any platform applications or any of the content or other materials on, accessed through or downloaded from Zenvoy.
Zenvoy is not responsible for your use of payment card services. You must resolve any disputes directly that you may have with payment card services directly with the payment card service provider.
No refunds will be provided once the User’s account has been charged.
At Zenvoy's, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Zenvoy.
Zenvoy reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the services or any content or information on Zenvoy with or without notice. Zenvoy will not be liable to any party for any modification or discontinuance of its services. You will be notified of any charges and given the option to continue to use or to terminate your account. You will be responsible for all charges for using these additional services if you choose to continue use.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that Users see or read on Zenvoy is owned by Zenvoy or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Zenvoy owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from Zenvoy without Zenvoy's express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Zenvoy and/or the relevant right holder.
The service marks and trademarks of Zenvoy, including without limitation Zenvoy and Zenvoy logo are service marks owned by Zenvoy. Any other trademarks, service marks, logos and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
In accordance with the Digital Millennium Copyright Act, if you believe that your intellectual property rights have been violated, please provide our Copyright Agent (identified below) the following information:
Our agent for notice of claims of copyright infringement can be reached as follows:
By email: email@example.com
THIS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICES ARE PROVIDED BY ZENVOY ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZENVOY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA AND NONINFRINGEMENT. ZENVOY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ZENVOY.
ZENVOY DOES NOT WARRANT THAT THIS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICES, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM ZENVOY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZENVOY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
ZENVOY MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY CONTENT OR DOCUMENTS POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. CONTENT OR DOCUMENTS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON DOCUMENTS POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK.
ZENVOY MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
ZENVOY MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF ITS SERVICES OR TIMELINESS OF ITS SERVICES.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF ZENVOY, THE INTERNET GENERALLY, AND THE CONTENT DOCUMENTS YOU POST OR ACCESS ON ZENVOY.
IN NO EVENT SHALL ZENVOY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM:
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ZENVOY OR THE SERVICES FOUND AT ZENVOY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ZENVOY’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF ZENVOY OR THE SERVICES FOUND AT ZENVOY.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ZENVOY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, ATTORNEYS, INDEPENDENT CONTRACTORS, PROVIDERS, SUBSIDIARIES, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIM, LOSS, EXPENSE OR DEMAND OF LIABILITY, INCLUDING ATTORNEYS' FEES AND COSTS INCURRED, IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE. ZENVOY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO YOUR INDEMNIFICATION. YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF ZENVOY.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms and Conditions ("Dispute"), you and Zenvoy agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Zenvoy. Notices should be submitted by email to: firstname.lastname@example.org
If the Dispute is not resolved within thirty (30) business days following notice of the Dispute to the other party, then the Dispute shall be resolved in a binding arbitration proceeding to be held in California. The parties agree that Zenvoy will have sole right to select the arbitrator. The arbitrators may award attorneys’ fees and other related arbitration expenses, as well as pre- and post-judgment interest on any award of damages, to the prevailing party, in their sole discretion. Any award of the arbitrators shall be deemed confidential information for a minimum period of five years, except to the extent public disclosure of such information is required by applicable securities laws or regulations.
These Terms and Conditions shall be governed by and construed in accordance with the federal law of the United States and the state law of California, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of these Terms and Conditions shall be brought in the state or federal courts of Los Angeles, California, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to) jurisdiction and venue in the state and federal courts of Los Angeles, California. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms and Conditions. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. Zenvoy will be entitled to recover court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of these Terms and Conditions.
Failure by Zenvoy to enforce any provision(s) of this User Terms and Conditions will not be construed as a waiver of any provision or right. It will be governed by and construed in accordance with the governing law herein.
Links (such as hyperlinks) from Zenvoy to other websites on the Web do not constitute the endorsement by Zenvoy of those websites or their content. Such links are advertisements or provided as an information service, for reference and convenience only. Zenvoy does not control any such website, and is not responsible for their content. The existence of links on Zenvoy to such websites (including without limitation external websites that are framed by Zenvoy as well as any advertisements displayed in connection therewith) does not mean that Zenvoy endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites.
The titles and headings of these Terms and Conditions are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms and Conditions shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms and Conditions to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms and Conditions shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
If you have any questions about these Terms and Conditions, please contact us by email at email@example.com
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND CONDITIONS AND AGREE THAT MY USE OF ZENVOY IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
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