These Terms of Service (the “Terms”) govern your use of Zoolink (the “Platform”). These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. The term “us,” “we” or “our” refers to the owners and operators of this Platform. The term “you” refers to the viewer of the Platform. Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot visit the Platform if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Platform after said date, that constitutes your agreement to the updates.
IMPORTANT: review the “ARBITRATION” section below. Your use of the Platform constitutes your agreement to arbitrate disputes instead of having them resolved by a court. You hereby waive any right to a jury trial you may have had. You also waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding against usI
Venue. Our Platform connects event organizers and trade associations, in order to streamline how they work together. Our role is limited to providing technology to connect users but we are not a party to their transactions. WE SHALL NOT BE HELD LIABLE FOR USERS’ DATA, TRANSACTIONS, INTERACTIONS, AND INFORMATION. We are not liable for the consequences of you disclosing your personal information to others.
Interactive Features. This Platform includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any of our Platform’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
Third Parties. The Platform may contain references to third-party websites and rely on third-party services for support. We shall not be liable for any third-party venues and cannot guarantee their performance. We do not monitor all content submitted to the Platform. We shall not be liable for user submissions or any third-party content on the Platform.
No Professional Advice. Nothing on our Platform constitutes legal, career, or any other type of professional advice on our part. Your use of the Platform does not form an attorney-client, employer-employee, or any other professional relationship between you and us. If you engage anybody listed on our Platform, we are not a party to your interactions and transactions.
This Platform may contain affiliate links. We receive a small percentage of a final sale if you buy something after following any of those affiliate links. But your trust is of utmost importance to us. That’s why, even though we sometimes receive affiliate compensation, we always provide only our honest ratings, reviews, opinions, or experiences on everything you see on our Platform. We review all products we find useful, not just the affiliate ones. Any product claim, statistic, quote, or other representation about a product or service should be independently verified with the vendor, manufacturer, expert, service provider, or other parties in question.
Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or unregistered), and data. Our IP rights are protected by international IP conventions. By using our Platform you do not acquire any of our IP rights. Nevertheless, you can view and print out this Platform’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
Your Submissions. We do not claim ownership rights over your content. What’s yours remains yours. However, if you upload any content to the public areas of our Platform, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide, without compensation to you.
Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Platform and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to legal@zoolink.com. If you hold the copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
By visiting this Platform, you represent and agree that:
This Section applies only to users who create an Association or Media account on our Platform.
Each Association acknowledges and agrees that It is a legitimate trade, industry, user, or professional association that is properly constituted and serves a defined group of members, identifiable by the name of the association.
Each Media Owner (‘MO’) acknowledges and confirms that It is a legitimate business-to-business publisher that serves a defined sector or geography.
We are a marketing and fulfillment service that provides automated tools to market, promote and accept bookings for marketing campaigns on behalf of the association or MO, and furthermore collect and hold payments in escrow and then either release payments to the Association or MO on fulfillment of the booking or issue refunds to the booking party if the association or MO is unable or unwilling to execute the booking.
Our charges are applied to nett revenue received for each booking and comprise a Platform commission of 18%, a Data, and Fulfillment charge of 10%, and a marketing levy of 5%, which is used to promote the platform, offer promotional incentives, and/or reward affiliate partners. The Association or MO receives 67% of the revenue. Nett revenue is the nett revenue received for a booking after all bank charges, taxes, and/or foreign exchange charges (if applicable) have been deducted.
The Association or MO undertakes to use Zoolink as the exclusive platform to offer automated marketing services to third parties linking events and associations in the manner described in this section.
Associations or MO’s will only be required to connect their Social Media accounts and/or upload their member or subscriber email lists once they receive their first booking. Once the Association or MO activates its account, it will be ready to receive bookings. In the case of bookings that require access to the Associations or MO’s social media accounts, the Association or MO undertakes to connect these accounts to the Platform in order to enable the Platform to execute the booking. Similarly, if the booking require emails to be sent to members of the Association or subscribers of the MO, the Association or MO undertakes to upload the member or subscriber email list into the Platform in order to automatically execute the booking on behalf of the Association or MO. For the avoidance of doubt, the member or subscriber lists uploaded into the Platform are only visible to the Association or MO, and are not visible to or shared with any third party. From a data security perspective, this process is similar to uploading emails into any automated platform that executes email marketing such as MailChimp or Constant Contact.
In all of the above cases, the Association or MO undertakes to connect its social media accounts or upload its member or subscriber email list within 3 working days of receipt of the first booking.
The Association or MO shall ensure that the member lists are accurate, and are adequately refreshed on our Platform as agreed during the set up of the account. Otherwise, we can suspend service and remove Association or MO from the Platform.
The Platform will use automated testing of uploaded lists to confirm deliverability and list quality and will disable any email addresses that fail these tests.
The Association or MO must process bookings (either approve, decline, or rework) within the agreed timeframes. We can charge a penalty, suspend or terminate the Association or MO from the Platform for failure to do so.
The Association or MO shall keep its profile on the Platform updated and accurate.
The Association or MO confirms that it has an adequate legal basis and permission from its members or subscribers to send communications via email and other channels to these members or subscribers. The Platform contains an opt-out mechanism to enable members or subscribers to unsubscribe from communications.
Payments will be made by automated wire transfer monthly, for all executed bookings within the prior rolling calendar month.
The Association or MO can quit its participation on the Platform at any time provided there are no un-executed bookings, at which time the association or MO will be removed from the Platform. If there are pending bookings, and the account is canceled, then no further bookings will be possible, however pending bookings will execute. If the association or MO wishes to immediately cancel, then pending bookings will be canceled, and any unpaid revenue will be forfeited.
This Section applies only to users who create Event Organiser accounts on our Platform.
Each Event Organiser acknowledges and agrees that It is a legitimate event organizer that provides virtual, hybrid, or in real life (IRL) events to defined market segments. Events include trade shows, confex, conferences, summits, exhibitions, meet-ups, festivals, congresses, workshops, and any similar gatherings.
To make use of the Platform as an Event Organiser, a paid subscription is required, Subscriptions can be purchased on a monthly or annual basis.
Cancellation of subscriptions: If the Event Organiser has active bookings, the subscription can only be canceled once all bookings made by the Event Organiser have been executed. If the subscription lapses before this, the bookings will be marked as canceled, and will not be refunded.
Subscriptions can be upgraded or downgraded at any time, provided the number of active booking/event limits are not exceeded when a downgrade is requested.
Bookings are only confirmed once all of the following has been done
Payment has been received by Platform, and Content has been uploaded and approved by the Association, and the booking has been scheduled. The
Platform or the Association or MO can cancel any booking, at any time, for any reason. In this case, any payments made will be refunded to the Event Organiser.
By placing a booking, the Event Organiser undertakes to provide suitable copy and content within the agreed timeframes.
Once a booking has been made and accepted by the Association, a cancellation will incur a 35% handling fee.
Any refunds due to the event will be refunded to the credit card on file within a maximum of 90 days of cancellation.
The Platform does not warrant the credibility, data quality, or other information provided by participating Associations. However, all care is taken to review Associations before enabling their accounts in the system.
You cannot use or disclose any confidential information relating to our business, users, operations, and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS, OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE PERFORMANCE.
WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
Arbitration. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitration shall be governed by the laws of the State of Delaware. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Platform, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.
Class Action Waiver. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Apple. By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
Apple is not a party to these Terms. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Platform or your possession and use of the Platform infringe such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms.
Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee, or any similar arrangement.
Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments.
Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
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