User Agreement
Welcome to Zomppa ® . Zomppa welcomes constructive and respectful opinions and perspectives from readers and visitors to Zomppa’s Website. This user agreement protects visitors to Zomppa’s Website, our writers and their copyrighted material. The use of “we” and “our” refers to Zomppa.
Acceptance of Terms. These Terms of Service (“Terms”) apply to your use of all services and features available on Zomppa’s websites, www.zomppa.org, www.zomppa.com, www.zomppabus.org (collectively, the “Website”). Your use of the Website indicates your unconditional acceptance of these Terms. Please read them carefully, as they may have changed since your last visit. If you do not agree to these Terms, please do not use this Website.
Revisions to Terms. We reserve the right to modify or amend the Terms from time to time. When we do, your continued use of the website following the posting of changes to the Terms indicates your acceptance of those revisions.
Copyright and Ownership. All of the content featured or displayed on the website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Zomppa ® and its licensors, vendors, agents and/or its Content providers. All elements of the website, including without limitation the general design and the Content, are protected by copyright, trademark, moral rights, and other laws relating to intellectual property rights. Except as may be otherwise indicated in the Website, you are authorized to view, play, print and download the Content found on our Website for personal, informational, and noncommercial purposes only. Except as authorized under copyright laws, you may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content without prior consent of Zomppa ®. The use of any Content on any other website or networked computer environment is strictly prohibited.
User Submission License. By posting content on our Website (“User Submission”), you expressly grant Zomppa ® a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any User Submission is deemed non-confidential and Zomppa ® shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in such User Submission.
Content Submitted by Users
a. Liability. We are not responsible or liable for the conduct of Website visitors or for views, opinions, and statements expressed in User Submissions through our Website, such as through a forum, user profile or other service. We do not prescreen information posted to online forums, user profiles or other services that we are using or may use. Any opinions, advice, statements, services, offers, or other information in User Submissions expressed or made available on the Website are those of the respective author(s) or distributor(s) and not of Zomppa ®. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Submission. You are responsible for ensuring that User Submissions to this Website are not provided in violation of any copyright, trade secret, or other proprietary right of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other proprietary rights, or any other harm resulting from your uploading, posting, or submission of User Submissions to this Website.
b. Monitoring. We have the right, but not the obligation, to monitor User Submissions to our Website to determine compliance with these Terms and any other applicable rules that we may establish. We have the right in our sole discretion to edit, remove or block any material submitted to or posted in any forum, profile page or other service provided through this Website. Without limiting the foregoing, we have the right to remove any material that Zomppa, in its sole discretion, in compliance with all applicable laws, finds to be in violation of these Terms or otherwise objectionable, and you are solely responsible for any User Submissions that you post to this Website.
c. Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes, but is not limited to, certain activities intended to influence legislation. User Submissions may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
General Terms. We make no representation as to the completeness, accuracy or currency of any information on this Website. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the express written permission of the third party owner of the trademark, copyright or other proprietary right of the Content.
If you are under 18 years old, by using this site, you certify that your parents/guardians have consented to your use and to this Agreement on your behalf, and you acknowledge and agree that your use of the site is at their discretion.
Code of Conduct. By accessing our Website or any forum, user profile or other service provided through our Website, you agree to abide by the following standards of conduct. We will fully cooperate with valid law enforcement authority requests, court orders or judicial or legal process requesting or directing us to disclose the identity of anyone posting or causing the posting of prohibited materials or engaging in prohibited conduct. Any conduct that in Zomppa ®’s sole discretion restricts or inhibits anyone else from using or enjoying Zomppa ® will not be permitted. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to use our Website to:
- Post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Zomppa.
- Post or transmit Content that infringes another person or entity’s copyright, trademark, right of publicity or other proprietary right. Any person determined by Zomppa, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on Zomppa’s Website.
- Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use or access to the Website, including the Zomppa RSS feed.
- Post unsolicited advertising or unlawfully promote products or services, including sending unsolicited email advertisements.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting Content unrelated to a forum’s designated topic or theme.
- Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Website.
- Gain unauthorized access to any computer system or nonpublic portion of the Website or interfere with or disrupt the Website, servers or networks connected to the Website.
- Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about Zomppa ® users through the Website.
- Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.
Use of Zomppa ® RSS Feeds. RSS is a free service offered by Zomppa ® for private, non-commercial use only. Any other uses are strictly prohibited. Prohibited uses include any effort to derive advertising or syndication revenue from content delivered by Zomppa ® feeds, and reprinting full feeds to blogs and social networking profiles. You must use the RSS feeds as provided by Zomppa ®, and you may not edit or modify the text, content or links supplied by Zomppa. For web posting, reprint, syndication or licensing requests, please contact Zomppa.
Links to Third-Party Websites. This Website may contain links to non-Zomppa websites. Any outside website accessed from our Website is independent from Zomppa, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such non-Zomppa websites.
No Implied Endorsements. In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Zomppa of that third party or of any product or service provided by a third party. Likewise, a link to any non-Zomppa website does not imply that we endorse or accept any responsibility for the content or use of such a website.
Termination. We may terminate any visitor’s access to our Website, including access to any forum, profile page or other service available through the Website, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate visitors who violate these Terms, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website.
Enforcement. These Terms shall be governed and interpreted pursuant to the laws of the State of North Carolina, United States of America, notwithstanding any principles of conflicts of law.
Arbitration. You must first present any claim or dispute to us by contacting Zomppa or sending postal mail to the street address below to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Durham, North Carolina, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The law governing all arbitrations shall be the law of the State of NC. The parties shall appoint as sole arbitrator a retired judge who presided in the State of North Carolina. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from state or federal courts in the State of North Carolina or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.
Entire Agreement; Severability; Waiver.These Terms constitute the entire agreement between the parties relating to the subject matter herein. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Failure to exercise any right under the Terms shall not be construed as a waiver of such right.
Note: We are not licensed nutritionists, and therefore, any changes in your health or nutrition plans based on our statements should first be discussed with your primary caretaker.
