ooo Zoom Terms of Service
By using the OOO Zoom mobile application and associated services (the "App"), you are agreeing with the developer of the App, This Also Inc. (the "Company", “we” or “us”), to be bound by the following terms and conditions (these "Terms of Service"). If you do not agree with these Terms of Service, please delete and do not use the App.
The App connects to your device’s camera, microphone and photo/video gallery and allows you to create unique video content (your “Content”) that can easily be shared on the Facebook, Snapchat and Instagram platforms, as well as other third-party platforms (the “Social Media Platforms”). We are in no way affiliated with any Social Media Platforms or any of their respective parents, subsidiaries or affiliated companies, and you acknowledge that we have no control over content you post to Social Media Platforms.
Your use of the App and any licenses granted to you are subject to compliance with these Terms of Service.
To the extent you share your Content on Social Media Platforms, you must comply with all applicable terms of service for the Social Media Platforms that are connected to the App.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities, and you must not post private or confidential information, via the App.
You may not use the App for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the App and your Content, including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post or display on or via the App.
You must not change, modify, adapt or alter the App or change, modify or alter another website or mobile application so as to falsely imply that it is associated with the App or the Company.
You must not interfere or disrupt the App or servers or networks connected to the App.
We reserve the right to modify or terminate the App or your access to the App for any reason, without notice, at any time, and without liability to you. If we terminate your access to the App or you delete the App, your Content will remain on your device.
Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.
We reserve the right, in our sole discretion, to change these Terms of Service ("Updated Terms") from time to time by posting new Terms of Service to this URL and using reasonable efforts to notify you of the change. You agree that we may notify you of the Updated Terms by posting them on the App, and that your use of the App after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the App. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the App from that point forward. These Terms of Service will govern any disputes arising before the effective date of the Updated Terms.
We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Service.
There may be links connections from the App to third-party websites and services. Functionality on the App may also permit interactions between the App and a third-party website or feature, including applications that connect the App or your profile on the App with a third-party web site or feature. You expressly acknowledge and agree that the Company is in no way responsible or liable for any such third-party services or features or any interactions you may have via the App or Social Media Platforms.
We prohibit crawling, scraping, caching or otherwise accessing any content on the App via automated means, including but not limited to, the App’s source code and other Company Content (as defined below).
The Company may place ads on the App.
You represent and warrant that: (i) your use and posting of your Content on or through the App does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the App; and (iii) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.
The App contains content owned or licensed by the Company (the “Company Content"). The Company Content (including but not limited to the App’s source code, design, trade name and logo, as well as certain music that you can synchronize with your Content) is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and the Company, the Company owns and retains all rights in the Company Content and the App. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Company Content, and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Company Content. Notwithstanding the foregoing, you are hereby granted a limited license to use and interact with the Company Content as it is provided in the functionality of the App.
The Company may suspend its service through the App for any reason, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, the Company reserves the right to remove any Company Content from the App for any reason, without prior notice. You acknowledge that no Internet communication is 100% secure and that you communicate over the Internet at your own risk.
You agree that the Company is not responsible for, and does not endorse, Content created or posted via the App. The Company does not have any obligation to prescreen, monitor or edit any Content. If your Content violates these Terms of Service, you may bear legal responsibility for that Content.
If you choose to send us content, information, ideas, suggestions, or other material feedback for our App, you agree that the Company is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Company reserves all rights not expressly granted to you in these Terms of Service.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE APP, INCLUDING, WITHOUT LIMITATION, THE COMPANY CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND UNLESS OTHERWISE STATED IN THESE TERMS OF SERVICE, NEITHER THE COMPANY NOR ITS PARENT OR AFFILIATED COMPANIES, NOR ANY OF THEIR EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, OFFICERS, LICENSEES OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE APP; (B) THE COMPANY CONTENT; (C) YOUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE COMPANY OR VIA THE APP. IN ADDITION, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE APP; (B) THE COMPANY CONTENT; (C) YOUR CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE, OR ANY OTHER APP MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).
YOU EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You (and also any third party for whom you operate an account or activity on the App) agree to defend (at the Company's request), indemnify and hold the Company Parties harmless from and against any claims, liabilities, damages, losses, demands and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the App or those conducted on your behalf): (i) your Content or your access to or use of the App; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities. You will cooperate as fully required by the Company in the defense of any claim. In the event you fail to reasonably defend a claim after notice from the Company, the Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Company.
GOVERNING LAW & VENUE
These Terms of Service are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the United Nations Conventions on Contracts for the international sale of goods, if otherwise applicable. You agree to resolve any dispute you have with the Company exclusively in a state or federal court located in New York County, New York, and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. The Company's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. The Company reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with the Company.
These Terms of Service constitute the entire agreement between you and the Company and governs your use of the App, superseding any prior or contemporaneous agreements between you and the Company. You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of the Company. Any purported assignment or delegation by you without the appropriate prior written consent of the Company will be null and void. The Company may assign these Terms of Service or any rights hereunder without your consent. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Service and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Service remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Service. These Terms of Service do not confer any third-party beneficiary rights.
The effective date of these Terms of Service is February 1, 2017.
Effective date: February 1, 2017
1. INFORMATION WE COLLECT
We may collect the following information while you are using the App:
The type of device you are using to access the App;
Subject to your authorization, content and data from your device including your camera roll, videos and microphone;
Anonymous data regarding your interactions with the App, including without limitation the number of videos you create and filters and music you use with your Content.
2. HOW WE USE YOUR INFORMATION
allow you to use the App and access your device’s functions and features
provide, improve, test, and monitor the effectiveness of the App
develop and test new products and features
monitor metrics such as total number of users, type of use, and demographic patterns
diagnose or fix technology problems; and
automatically update the App.
3. SHARING OF YOUR INFORMATION
We will not rent or sell your information to third parties outside the Company (or the group of companies of which the Company is a part) without your consent, except as noted in this Policy.
Parties with whom we may share your information:
We may share non-personally-identifiable data we collect with businesses that are legally part of the same group of companies that the Company is part of, or that become part of that group ("Affiliates"). Affiliates may use this information to help provide, understand, and improve the App (including by providing analytics) and Affiliates' own services (including by providing you with better and more relevant experiences).
We also may share your Content and data we collect with third-party organizations that help us provide the App’s services to you, including without limitation Social Media Platforms (collectively, the "App Providers"). Our App Providers will be given access to your information as is reasonably necessary to provide the App’s features and functionalities to you.
We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
What happens in the event of a change of control:
Responding to legal requests:
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so.
4. YOUR CHOICES ABOUT YOUR INFORMATION
Following termination or deletion of the App, the Company, its Affiliates, or its App Providers may retain information (including your profile information) and Content for a commercially reasonable time for backup, archival, and/or audit purposes, subject, where applicable, to our App Providers’ respective privacy policies. In the unlikely event that you have provided us personally identifiable information, you may request to have that information deleted at any time by contacting us via email.
5. CHILDREN'S PRIVACY
The Company does not knowingly collect or solicit any personal information from anyone under the age of 13. The App and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
6. OTHER WEB SITES AND SERVICES
7. HOW TO CONTACT US