Acceptance of Terms
By using the Service in any way you agree to be bound by the Terms as amended -- whether you simply browse the Website (a "Visitor") or have purchased a product and received a User Code there from (a "Member"). The term "User" refers to a Visitor, a Member, or if the Visitor or Member is under the age of 18, the parents of such Visitor or Member. Further, by allowing his or her child, under the age of 18, to browse and/or use this Website or its Services, the parents, individually and on behalf of such minor, agree to be bound by the Terms. In addition, when using the Website and the Service, you agree to abide by any applicable posted guidelines for all of Corporation's services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Corporation or the Website in any way, your only recourse is to immediately discontinue use of the Website.
As stated above, Corporation reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Services by you after Corporation's publication of any such changes shall constitute your acceptance of this agreement as modified. You agree that Corporation is permitted to access and use any information provided by you to perform the Service and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Service provided to you.
This Website is owned and operated by Zorbitz, Inc. All right, title and interest in and to the materials provided on this Website, including but not limited to information, documents, logos, software, applications, graphics, sounds, and imag.es (the "Materials") are owned either by Corporation or by its respective third party authors, developers, or vendors ("Third Party Providers"). Corporation hereby grants you a limited, revocable, nonassignable and nonsublicenseable license to reproduce and display the Materials (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Corporation does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Corporation. Any rights not expressly granted herein are reserved by Corporation.
Third Party Links
The Website may contain links to other websites, which are completely independent of this Website. Corporation makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
Privacy and Information Disclosure
When you purchase a product you will receive a unique User Code. You are entirely responsible for maintaining the confidentiality of your User Code. You agree not to use the User Code of another Member at any time or to disclose your User Code to any third party. You agree to notify Corporation immediately if you suspect any unauthorized use of your User Code or access to your User Code. You are solely responsible for any and all use of your User Code.
Limitations on Service
Corporation grants you a limited, revocable, nonexclusive, nonassignable and nonsublicenseable license to access the Website and utilize the Service for your own personal use, and not to download or modify it, or any portion of it unless the Service specifically provides for as such. You acknowledge that Corporation may establish limits concerning your use of the Service and reserves the right at any time to modify or discontinue your access to the Service (or any part thereof) with or without notice, including but not limited to the Materials, functionality or hours of availability, or the equipment needed for its access or use.
Termination of Service
You agree that Corporation, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your User Code, email or IP address, or otherwise terminate your access to or use of the Website immediately and without notice, for any reason, including, without limitation, if Corporation believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Corporation shall not be liable to you or any third party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination.
The Website may contain links to other websites and, as such, Corporation is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Corporation. CORPORATION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY RESULT FROM PLAYING ANY GAME ON THE WEBSITE, OR ITS SERVICES.
WITHOUT LIMITING THE FORGOING, YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. CORPORTION ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE'S MATERIALS. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. CORPORATION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CORPORATION DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CORPORATION DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CORPORATION DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE OR THE SERVICE.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL CORPORATION BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, protect and hold harmless Corporation, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees from any claim or demand, damages, losses, obligations, costs and expenses, including reasonable attorneys' fees and court costs whether or not litigation has commenced, made by any third party due to or arising out of your use of the Service, including but not limited to your violation of the Terms, or your breach of any of the representations and warranties herein.
U.S. Export Controls
Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Any Prize won on the Website will be mailed or emailed to a User. Once the Prize is deposited in the mail by Corporation and addressed to a User, or the email containing a Prize is sent by Corporation to the email address provided by the User, the risk of loss shall be borne by the User. Corporation shall have no obligation to any User that wins a Prize with respect to any tax obligation any such User incurs as a result of or attributable to the Website or the Services. However, to receive a Prize does not require the purchase of a product. Instead, a User can simply mail a request, via certified mail return receipt requested, for a Prize. Such request shall contain a self-addressed stamped envelop and be mailed to Corporation at: Zorbitz, Inc. 5482 Wilshire Blvd #350 Los Angeles, CA 90036.
The Terms constitute the entire agreement between you and Corporation and govern your use of the Website and the Service, superseding any prior agreements between you and Corporation. The Terms and the relationship between you and Corporation shall be governed by the laws of the State of California without regard to any conflicts of laws principles. You and Corporation agree to submit to the exclusive jurisdiction of the courts located within the County of Los Angeles, State of California to resolve any dispute arising out of or related to the Terms or the Services. The failure of Corporation to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Corporation may have under trade secret, copyright, patent or other laws. The employees of Corporation are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Corporation, except in a writing signed by an authorized officer of Corporation. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., Corporation. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT
For any complaints regarding the purchase of goods and/or services via the Website, you may contact Zorbitz, Inc. 5482 Wilshire Blvd #350 Los Angeles, CA 90036, (866) ZOR-BITZ. In addition, in order to resolve a complaint regarding the Website or goods and/or services purchased via the Website, you can contact the California Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, California 95814, or by telephone at (916) 445-1254.
When purchasing a product from the Website, you will have five (5) business days from your date of receipt to return such product for a refund equal to the purchase price of such product less any shipping fees incurred by Corporation.
Information Collection and Use
As a general policy, no "Personally Identifiable Information" (as defined below) is automatically collected from a Visitor's visit to the Website.However, certain non-personal information, including the type of browser being used, its operating system and the Visitor's IP address, may be recorded by the standard operation of the Website's internet servers. This information can be used to help diagnose server problems, administer the Website and generally enhance the Visitor's online experience. This information will not be made accessible to any person or entity not authorized by or associated with the Corporation. Personally Identifiable Information includes: (i) contact data (such as a User's first and last name, physical street address, city, state, zip code, phone number and email address), (ii) demographic data (such as a User's zip code, age and gender), and (iii) other personal data necessary to purchase a product and become a Member.
When Corporation collects Personally Identifiable Information from you it is because you are voluntarily submitting such information to become a Member of the Website or because you want us to furnish you with products or services, or in connection with suggestions you submit to Corporation for review. This information is used to better service our Members.
Personally Identifiable Information will not be sold, leased or otherwise made available to any person or entity not authorized by or associated with the Corporation.
Certain contact data may be used to determine the demographics of our Users and to distribute statistics and general marketplace information about the Corporation. This demographic information will always represent aggregate information and is not linked to any personal information that can identify a specific User.
The Corporation may disclose a User's Personally Identifiable Information in special cases when the Corporation has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Corporation's rights or property, another User or anyone else that could be harmed by such activities, or if Corporation receives a subpoena for a User's Personally Identifiable Information.
A cookie is a piece of data stored on an User's hard drive that contains information about the User and that is used for record keeping purposes. Cookies enable the Corporation to track and target the interests of a User to enhance his or her experience on the Website. Use of a cookie is in no way linked to any Personally Identifiable Information of the User. Most web browsers are initially set up to accept cookies; however, a User can reset his or her web browser to reject all cookies. If a User rejects the cookie, he or she may still use the Website, although the User's access to and use of some areas of the Website may be limited.
We will share aggregated demographic information with our partners and advertisers. As discussed above, this information is not linked to any Personally Identifiable Information that can identify any individual User.
We use an outside credit card processing company to bill Users for goods and services the Users purchase from Corporation. These companies do not retain, share, store or use Personally Identifiable Information for any secondary purposes.
Corporation uses industry-standard measures to protect the Personally Identifiable Information you share with us from unauthorized access or disclosure. However, you should know that no company, including Corporation, can fully eliminate security or other risks associated with the possession of Personally Identifiable Information.
Notwithstanding the forgoing, we will have no liability to a User or to any third party arising out of any loss, misuse, destruction, or alteration of a User's information.
Notification of Changes
As stated above, Corporation requires a Child to provide a parent's valid email address in order to purchase products on the Website. We use this information to send the parent a message that can be used to activate the Child's User Code, to notify the parent about Corporation's privacy practices, to send the Child communications either about the Child's User Code or about features of our Website, and for the other purposes described herein. The parent's email address is correlated with the Child's user name.
Parents, please contact our Privacy Manager by clicking here if you would like to access the Personally Identifiable Information that Corporation has collected online from your Child, correct factual errors in such information, request to have this information deleted, or request that we no longer collect or maintain such information. Please be sure to include your email address and a telephone number where we can reach you. To protect your Child's privacy and security, we will take reasonable steps to help verify your identity before granting you access to the personal information that we collect and maintain about your Child.
Information that a User provides via general email inquiries to the Corporation is used only to respond to the User's inquiries in the ordinary course of business, and is never shared with third parties.
Visitor's Acceptance of These Terms