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Please read these Terms carefully and check them regularly as they may change from time to time, per Section 3, below.
PLEASE NOTE: Each of the promotional sweepstakes (the “Experiences”) offered on the Website are also governed by additional terms and conditions. Prior to participating in any Experience please carefully read the Experience Rules (located on each Experience webpage on the Website) and the Official Rules.
(A) LIMITING OR MODIFYING THE SERVICES: We reserve the right to withdraw, limit or otherwise modify the Services, in our sole discretion without notice. We will not be liable if for any reason all or any portion of the Services are unavailable at any time or for any period.
(B) INTERNET ACCESS: You are solely responsible for making all arrangements necessary for you to have access to the Services, including, without limitation, securing internet connections, and for any telecommunication fees.
(A) ACCOUNT INFORMATION: It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable. You agree to promptly notify us if any of your information changes or is inaccurate.
(B) ACCOUNT SECURITY: Your account is for your personal use only. You may not allow others to use your Account and may not or transfer your Account to any other person or entity. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Services. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. If you suspect or know of unauthorized access to your account, change your password and immediately notify Zombe by sending an email to Zombe.org/contactus
(A) LIMITED LICENSE: Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, Zombe grants to you a revocable, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Services for your personal, non-commercial use only. You may not copy, modify, reverse engineer, disassemble, or create derivative works based on the Services, distribute, sell, grant rights in or to the Services, publicly display, republish, download, store, or transmit any of the Services, except as follows:
iii. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
This license will remain in effect unless and until you violate these Terms, or this license is terminated by you or Zombe. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Zombe, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder without prior notice.
(B) ZOMBE INTELLECTUAL PROPERTY: The interfaces, content, arrangement and layout of the Website including, but not limited to, the Zombe trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information, and other content, and any compilation of the foregoing (“Zombe Intellectual Property”) are the property of Zombe, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under United States and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Zombe. All modifications and enhancements to the Services remain the sole property of Zombe. You understand and acknowledge that, by using the Services, you do not acquire or obtain by implication or otherwise, any license or right to use any of the Zombe Intellectual Property in any manner not expressly permitted under these Terms.
(A) Impersonate or misrepresent your affiliation with any person or entity.
(B) Interfere, or attempt to interfere, with the proper working of the Services.
(C) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms or permitted expressly in writing by Zombe.
(D) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
(E) Access, tamper with, or use non-public areas of the Services, Zombe computer systems, or the technical delivery systems of Zombe providers.
(F) Attempt to probe, scan or test the vulnerability of any Zombe system or network or breach any security or authentication measures.
(G) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Zombe or any of Zombe providers or any other third-party (including another user) to protect the Services, systems, or other content.
(H) Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Services.
(I) Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Website.
(J) Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of any information or materials.
(K) Use any manual process to access, monitor or copy any information or materials, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
(L) Collect or store any personally identifiable information from other users of the Services.
(M) Use any device, software, or routine that interferes with the proper working of the Services.
(N) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(O) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website of Software, the servers on which the Website of Software are stored, or any other server, computer, or database connected to the Services.
(P) Attack the Website, or any other server, computer, or database connected to the Services, via a denial-of-service attack or a distributed denial-of-service attack.
(Q) Use, display, mirror or frame the Services or any individual element within the Services, Zombe name, any Zombe trademark, logo or other proprietary information, or the layout and design of any page or copy contained on a page, without Zombe express written consent.
(R) Use any meta tags or other hidden text or metadata utilizing a Zombe trademark, logo URL or product name without Zombe express written consent.
(S) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or User Contributions to send altered, deceptive, or false source-identifying information.
(T) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
(U) Post, upload, publish, submit, or transmit any User Contribution or engage in any activity that:
iii. is fraudulent, false, misleading, or deceptive.
vii. publishes the confidential, proprietary or personal information of any other person or entity.
viii. exploits minors.
(V) Encourage or enable any other individual to do any of the foregoing to otherwise violate these Terms.
Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Services and Zombe systems. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
(A) NON-CONFIDENTIAL AND NON-PROPRIETARY: Any User Contribution, whether publicly posted or privately transmitted, will be considered non-confidential and non-proprietary.
(B) LICENSE TO USE USER CONTRIBUTIONS: You explicitly grant Zombe and its service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Contribution (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without any attribution and/or compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Contribution(s). You further grant all users of the Services permission to view your User Contribution(s) for their personal, non-commercial purposes. If you make suggestions to Zombe or through the Services about improving or adding new features or products to the Services or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Zombe a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
(C) YOUR RESPONSIBILITY FOR YOUR USER CONTRIBUTIONS: Any User Contribution, whether publicly posted or privately transmitted, is the sole responsibility of the person who posed such User Contribution. By posting any User Contribution, you represent and warrant that:
iii. All of your User Contributions do and will comply with these Terms and any content standard stated herein.
(D) MONITORING AND ENFORCEMENT: We do not undertake to review all User Contributions before they are posted have and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability or responsibility to anyone for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability for the performance or nonperformance of the activities described in this section. However, we reserve the right to: (i) remove or refuse to post any User Contribution for any or no reason in our sole discretion, (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, (iii) 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, and (iv) take appropriate legal action for any illegal or unauthorized use of the Services.
(A) COPYRIGHT INFRINGEMENT: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice to our copyright agent (contact information below) containing the following information:
iii. A description of where on the Zombe Services the material that you claim is infringing may be found, sufficient for Zombe to locate the material (e.g., the URL).
You may submit this information, or any counter-notice, via:
Email: Zombe.org/contactus (with the subject line “Copyright Notices”)
Mail: Zombe, Inc.
PO Box 772826,
1600 Pine Grove Rd,
Steamboat Springs, CO 80477
Attn: Copyright Agent
If properly notified that any materials infringe a third-party’s copyright, we will promptly remove such materials from the Zombe Services in accordance with the U.S. Digital Millennium Copyright Act (“DCMA”), the U.K. Copyright Designs and Patents Act 1988 (“CDPA”), the U.K. Digital Economy Act 2010 (“DEA”), or equivalent laws which are applicable in other jurisdictions. In addition, Zombe may, when appropriate, terminate the Accounts and license hereunder of repeat copyright infringers.
Zombe may disclose any communications, including your contact information, concerning DMCA, CPDA, DEA or other applicable copyright notices or other intellectual property complaints with third-parties, including to the users who have posted the allegedly infringing material.
(A) LINKS FROM THE WEBSITE: The Website may contain links to websites operated by other parties. Zombe provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of Zombe, and Zombe is not responsible for the content available on the other sites. Such links do not imply Zombe endorsement of information or material on any other site and Zombe disclaims all liability regarding your access to and use of such linked websites.
(B) LINKS TO THE WEBSITE: You may not place a link to the Website on another website without our prior written consent and, without limiting the foregoing, you must adhere to Zombe linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Zombe and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Zombe, (iii) when selected by a user, the link must display the Website on full-screen and not within a frame on the linking site, and (iv) Zombe reserves the right to revoke its consent to the link at any time and in its sole discretion.
Please read this section carefully. you understand and agree that you waive your right to sue or go to court to assert or defend your rights connected with these Terms.
(A) MANDATORY ARBITRATION OF DISPUTES: We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, including the determination of the scope or applicability of this arbitration provision (each, a “Claim”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Zombe agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the Zombe entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that this arbitration provision shall survive termination of these Terms.
(B) CLASS ACTION WAIVER: You and Zombe each agree that either of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 18 shall be null and void.
(C) LIMITED REMEDIES: Additionally, except as may be provided for in Subsection 18(D), below, or prohibited by law, we each agree that, for any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, our remedies are limited to a claim for money damages (if any) and we each irrevocably waive any right to seek injunctive or equitable relief.
(D) EXCEPTIONS AND OPT-OUT: Notwithstanding Subsections 18(A) and (B), above, we each retain the right to:
In addition, you will retain the right to opt out of arbitration entirely and litigate any Claim if you provide us with written notice of your desire to do so by regular mail sent to the attention of Zombe Legal Department at the Zombe address set out in Section 21(C), below, within 30 days following the date you first agree to these Terms. If Zombe changes any of the terms of this Section 18 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Effective” date above. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and Zombe in accordance with the terms of this Section 18 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(E) DISPUTE RESOLUTION AND NOTIFICATION OF CLAIMS: Prior to bringing a Claim you and Zombe each agree to notice the other party and attempt, in good faith, to negotiate an informal resolution. To begin this process, before initiating any arbitration proceeding, the party seeking to bring a Claim must send a Notice of Claim (“Notice”) by certified mail to the other party. All Notices to Zombe must be sent to the Zombe address set out in Section 21(C), below. The Notice must describe the nature and basis of the Claim and the relief sought. If we are unable to resolve the potential Claim within 45 days after receipt of the Notice, then you or Zombe may initiate arbitration proceedings as set out below.
(F) ARBITRATION PROCESS AND RULES: Any arbitration will be conducted by JAMS pursuant to its procedural rules for commercial disputes (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes and/or fundraising laws in the jurisdiction in which the Zombe entity that you have contracted with is incorporated. The arbitration may be conducted via video-conference or in-person in the county (or other municipality) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both you and Zombe may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties to these Terms.
(G) ARBITRATION COSTS: Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against Zombe, you will be responsible for paying the consumer filing fee. Zombe will pay for all other JAMS-included fees (including filing, administration, and arbitrator fees and expenses). Each party shall pay its own attorneys’ fees and any other costs it incurs. If any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
(H) CONFIDENTIALITY: To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. You and Zombe agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Routt County, Colorado, or the United States District Court for the District of Colorado (or in the jurisdiction in which the Zombe entity that you have contracted with is incorporated).
(I) SEVERABILITY: If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
(A) RELATIONSHIP OF PARTIES: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zombe because of these Terms or your use of the Services.
(B) ASSIGNMENT: Zombe may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without Zombe prior written consent, and any unauthorized assignment by you shall be null and void ab initio.
(C) NOTICES: All notices given by you or required under these Terms shall be in writing and addressed to: Zombe, Inc., c/o General Counsel’s Office, PO Box 772826, Steamboat Springs, CO 80477.
(D) EQUITABLE REMEDIES: You hereby agree that Zombe would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
(E) FORCE MAJEURE: Neither you or Zombe will be liable for any failure or delay in performance under these for causes beyond the other party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-performing party through the use of commercially reasonable, alternate sources.
(F) WAIVER AND SEVERABILITY: Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each such provision thereafter. The express waiver by us of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any of the provisions of these Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
(G) ENTIRE AGREEMENT: These Terms, including Official Rules and Experience Rules, as well as any other the documents, rules or policies expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
(H) YOUR COMMENTS AND CONCERNS: The Website is operated by Omaze, Inc.. All notices of copyright infringement claims should be sent to the copyright agent designated in the Copyright Infringement provision, Section 12(A), in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: Zombe.org/contactus
Copyright ©2021 Zombe, Inc. All third-party names and trademarks are the property of their respective owners.