Terms Of Use


ZOOMCREATOR.COM™ ("ZOOMCREATOR™") makes information available on this Web site (this "Site"), subject to the following Terms of Use ("Terms"). By accessing this Site, you agree to these Terms. If you do not agree to all of these Terms, do not use this Site. ZOOMCREATOR™ reserves the right to change these Terms at any time without notice. ZOOMCREATOR™ reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved by ZOOMCREATOR™. These Terms represent the entire understanding relating to the use of this Site and supercede any prior or contemporaneous, conflicting or additional communications.


General

Governing Law and Forum


The terms of use set forth in these Legal Notices and any claims relating thereto shall be governed and construed in accordance with the laws of the State of Queensland (Australia), without giving effect to the conflict of laws provisions thereof or of any other jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and venue of the local Court of Brisbane in the State of Queensland, with respect to any claims arising out of or relating to the terms of use set forth in these Legal Notices or your use of this Site.


International Use


ZOOMCREATOR™ controls and operates this Site from its headquarters located in the State of Queensland in Australia. ZOOMCREATOR™ makes no representation that this Site or its contents are appropriate and available for use in other locations and accessing them from territories where their content is illegal is prohibited. You may not use or export the contents of this Site in violation of Australian export laws and regulations. If you use this Site from other countries, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of such countries.

Registrant Removal


In the event that ZOOMCREATOR™ determine's, at its sole discretion, that you have breached any of it's terms of use, or have otherwise demonstrated conduct inappropriate for it's community, ZOOMCREATOR™ reserve's the right to, with or without notice, (a) delete any or all content provided by you or your agent(s) to this Site; (b) terminate your access to this Site; (c) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (d) take any other action which, in it's sole discretion, deem to be appropriate.


Copyright


The materials on this Site are copyrighted and protected by Australian copyright laws and "worldwide copyright treaty provisions". No portion of this Site may be distributed or reproduced by any means, or in any form, without ZOOMCREATOR's prior written permission. Check Alexa Wayback Machine (an Internet Archiver) to see ZOOMCREATOR.COM's humble beginnings and first use of the word ZOOMCREATOR™.

"The common law trademark "ZOOMCREATOR" has been used [by entity] in commerce in the United States for online photography software and services since 2000. This use includes commerce on the website ZOOMCREATOR.COM since April 4, 2001, which has been hosted in the US since 2003, a Skype account in the name of ZOOMCREATOR since 2004, a Twitter account in the name of ZOOMCREATOR since 2007 and use of ZOOMCREATOR in search engines since 2000. Additional evidence of use in commerce in the United States of the common law trademark "ZOOMCREATOR" are available upon request."

Copyright Notice:


Except where otherwise specified, the contents of this Site are ©ZOOMCREATOR.COM PTY LTD, All rights reserved. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may contact ZOOMCREATOR™ by clicking here !


Use of Software


Any software and accompanying documentation available for download from this Site are the copyrighted work of ZOOMCREATOR.COM™ and or third parties. Use of the software is governed by the terms of the end-user license agreement which accompanies such software. If no license agreement accompanies the download, the terms of the license agreement which accompanied the original product being updated will govern. Such software is made available for download solely for use by end-users according to such end-user license agreement. You will not be able or permitted to use, download or install any software unless you agree to the terms of such end-user license agreement.


Use of Site Materials and Information


Except as otherwise indicated on this Site, you may view, print, copy, and distribute documents (but not software) on this Site subject to the following terms and conditions;


  1. (a) The documents may be used solely for informational, personal, non-commercial purposes; (b) any copy of the documents or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original; (c) the documents may not be modified in any way; and (d) ZOOMCREATOR™ reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from ZOOMCREATOR™.

  2. Documents specified above do not include the layout or design of this Site. Elements of this Site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part.

  3. Documents specified above do not include logos, graphics, sounds or images on this Site, which may be reproduced or distributed only when expressly permitted by ZOOMCREATOR™.


Member Account


If any ZOOMCREATOR™ Services require you to open an account, you agree to provide accurate, current and complete information in the Registration form. You will also choose a password and user name. If you provide any information in the Registration form that is false, inaccurate, out of date or incomplete, or a password or user name that contains any inappropriate, profane, defamatory, obscene, or indecent terms, ZOOMCREATOR™ may suspend your account and refuse to provide you with any ZOOMCREATOR™ Services. You are entirely responsible for any and all activities that occur under your account.


Forum


Use of the Forum: As a forum user ("User"), you are responsible for your own communications and for the consequences of posting those communications. ZOOMCREATOR™ does not represent or guarantee the truthfulness, accuracy or reliability of any material posted by Users or endorse any opinions expressed by Users. You acknowledge and understand that any reliance on materials posted by other Users will be at your own risk.

Content Policy: ZOOMCREATOR™ does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications that allegedly do not conform to these terms of use, ZOOMCREATOR™ may investigate the allegation and determine by sole discretion whether to remove, block or disable access to the communication. ZOOMCREATOR™ also reserve's the right, but do not undertake the affirmative obligation, to do so on ZOOMCREATOR's own initiative if ZOOMCREATOR™ discover's any such communications. ZOOMCREATOR™ has no liability or responsibility to Users for performance or nonperformance of such activities. Furthermore, ZOOMCREATOR™ reserve's the right to terminate the access rights of Users and prevent their further access to the forums facilities for violating ZOOMCREATOR's terms of use or any applicable law, and reserve the right to remove communications that, in ZOOMCREATOR's sole discretion, are abusive, harassing, disruptive, infringing, obscene, lewd, lascivious, excessively violent, illegal or otherwise objectionable.

In consideration of being allowed to use the forum service provided by ZOOMCREATOR™ on this Site, you agree, represent and warrant that you will not: (a) use the service for any purpose in violation of local, state or national laws of any country; (b) post, store or transmit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner; (c) post, store or transmit material that reveals trade secrets, unless you own them or have the permission of the trade secret owner; (d) post, store or transmit material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (e) post, store or transmit material that is obscene, lewd, lascivious, excessively violent, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; (f) post, store or transmit sexually-explicit images; (g) post, store or transmit child pornography; (h) post, store or transmit advertisements or solicitations of business; (i) post, store or transmit chain letters or information relating to pyramid schemes; or (j) impersonate another person or User.

Please remember that any information that is disclosed in the forum becomes public information. By posting communications, you grant: (a) to ZOOMCREATOR™: royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, translate, distribute, perform and display those communications alone or as part of other works in any form, media, or technology, whether now known or hereafter developed; and (b) to other Users: the right to access, view, store and reproduce the communications for personal use.


Submissions, Comments and Feedback


Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information ("Feedback") that you provide to ZOOMCREATOR™ shall not be regarded as confidential. ZOOMCREATOR™ has no obligation of any kind with respect to any feedback. ZOOMCREATOR™ shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any feedback without limitation. Further, ZOOMCREATOR™ shall be free to use any ideas, concepts, know-how, data or techniques contained in any feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques.

Linking to Site


ZOOMCREATOR™ permits anyone to link to this Site subject to the linker's compliance with the terms and conditions set forth below. A site that links to this Site:

  1. May link to, but not replicate, content contained in this Site;

  2. Must not create a frames or border environment or browser around content contained in this Site;

  3. Must not present misleading or false information about ZOOMCREATOR's services or products;

  4. Must not misrepresent ZOOMCREATOR's relationship with the linker;

  5. Must not imply that ZOOMCREATOR™ is endorsing or sponsoring the linker or the linker's services or products;

  6. Must not use ZOOMCREATOR's logos or trade dress without prior written permission from ZOOMCREATOR™;

  7. Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;

  8. Must not contain materials that would violate any laws;

  9. Must agree that the link may be removed at any time upon ZOOMCREATOR's request pursuant to ZOOMCREATOR's reserved rights to rescind its consent to allow the link.


Links to Other Sites


This Site provides links to third-party Web sites, which are not under the control of ZOOMCREATOR™. ZOOMCREATOR™ make's no representations about any other Web site, that you may access through this one. When you access a linked Web site please understand that it is independent from ZOOMCREATOR™, and that ZOOMCREATOR™ has no control over the content on that Web site. In addition, a link to another site does not mean that ZOOMCREATOR™ endorse's or accept's any responsibility for the content, or the use, of such a Web site.


Viruses and Destructive Code


It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.


Third-party Products and Services


This Site mentions third-party products and services for informational purposes. ZOOMCREATOR™ makes no recommendations or endorsements about any third-party products and services. References to third-party services and products are provided by ZOOMCREATOR™ "as is", without warranty of any kind, either express or implied.


Disclaimer, Limitation of Liability and Indemnification


EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND ZOOMCREATOR.COM™, THE SOFTWARE, DOCUMENTS, FILES AND INFORMATION CONTAINED ON THIS SITE ARE PROVIDED "AS IS", AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED.

ZOOMCREATOR.COM™ MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON THIS SITE. ANY QUESTIONS REGARDING THE INFORMATION SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH INFORMATION CONTAINED ON THIS SITE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.

IN NO EVENT WILL ZOOMCREATOR.COM™ BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, RELIANCE ON ANY OF THE MATERIALS PREESENTED ON THIS SITE, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, LOSS OF OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHER ECONOMIC ADVANTAGE, EVEN IF ZOOMCREATOR.COM™ EXPRESSLY ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGES.

YOU AGREE TO INDEMNIFY AND HOLD ZOOMCREATOR.COM™ HARMLESS FROM, AND YOU COVENANT NOT TO SUE ZOOMCREATOR.COM™ FOR, ANY CLAIMS THAT MAY BE ASSERTED, ARISING OUT OF, RELATING TO, OR BASED ON USING THIS SITE OR ANY OF THE SERVICES PROVIDED ON OR MADE ACCESSIBLE BY THIS SITE.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, ZOOMCREATOR.COM™ MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.


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