zwindle.com is a peer-to-peer online video chat service that takes the concept of randomized
video chat pairing and creates an environment that meets the needs and interest of those who
utilize web-camera technology online.
With features such as demographic and interest search, zwindle allows users to create a social
network, giving randomized video chatting a new function.
zwindle users are required to create a user-account as well as take a "snap" (a profile picture)
every time they are logged-in (for added security). In the interface, users who make a connection
with someone can invite that person to become their "pen-pal" to continue their conversation at
another time.
Will you use zwindle to broaden your social network, find a modern day pen pal, meet your
neighbors or even spark a romantic connection? Whatever you use the website for, zwindle.com
encourages new found connections!
why?
The World Wide Web saw new video chat service websites such as
Chatroulette.com and Omegle.com launch starting in 2009. Users
everywhere were interested and intrigued by the idea of meeting
someone brand new, a stranger online and having the ability to talk
to this person. After a huge surge in randomized video chat activity, the
websites hosting these services could not keep up with the amount of
traffic being driven to their sites. Thus, online predators, exhibitionists and
plain old weirdos made their way on to users' computer screens.
zwindle takes randomized video chat and adds unique features such as the ability to enter search
criteria and enhanced safety procedures. Users can expect to find a unique peer-to-peer chat
service without the garbage on all other randomized video chat sites.
how?
Your mother always told you not to talk to strangers… well, that's certainly true, but with zwindle,
you can do it safely. We cannot make any promises, but we can say that we have made a valiant
effort to protect our users from the weirdos out there by integrating numerous safety features
such as these:
- The "Snap": every time a user signs-in to zwindle.com, they are required to take a
"snap." This ensures that all users are who they say they are and gives them the
ability to scroll through photos of people they think they want to talk to. - Monitors: our monitors are real people who scroll though thousands of "snaps" per
day to make sure that there are actual humans in the photos… not cats… or dogs…
or body parts! - Flagging: users can manually flag another user's account. If a user is engaging in
inappropriate behavior, the partnering user is able to flag them. A screen-capture will
be sent to our site monitors and if deemed a violation of our privacy policy, the
perpetrating user's account is terminated.
TERMS OF USE
Effective Date: 5/2/2011
Welcome to www.zwindle.com (the "Web site") of Zwindle, LLC and its affiliates
(collectively, "Zwindle," "we," and "us"). Zwindle provides the services on this Web site
(collectively, "Services") to you subject to the following Terms of Use ("Terms").
1) Acceptance of Terms of Use
Please carefully read the following Terms before using the Web site. By accessing and using the Web
site or Services, or the content displayed on, posted to, transmitted, streamed, or distributed or otherwise
made available on or through the Web site, including without limitation, User Materials and Submissions
(collectively, "Content"), you acknowledge that you have read, understood and agree to be bound by
these Terms which form an agreement that is effective as if you had signed it. If at any time you do not
agree to these Terms, please do not access or use the Web site or any of its Content or Services.
YOU MUST BE AT LEAST 18 YEARS OF AGE (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD
IS NOT THE AGE OF MAJORITY, AT LEAST THE AGE OF MAJORITY FOR YOUR JURISDICTION)
TO VIEW, ACCESS, OR USE THIS WEB SITE, CONTENT OR SERVICES. IF YOU ARE UNDER
18 YEARS OF AGE (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE
OF MAJORITY, UNDER THE AGE OF MAJORITY FOR YOUR JURISDICTION), YOU ARE NOT
PERMITTED TO ACCESS THIS WEB SITE, CONTENT OR SERVICES FOR ANY REASON.
YOUR ACCESS TO, USE OF, AND BROWSING OF THE WEB SITE AND ITS CONTENTS AND
SERVICES ARE SUBJECT TO ALL TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS
AND REGULATIONS. BY VIEWING, USING, OR ACCESSING THIS WEB SITE, YOU REPRESENT
AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR FOR JURISDICTIONS IN
WHICH 18 YEARS OLD IS NOT THE AGE OF MAJORITY, AT LEAST THE AGE OF MAJORITY
FOR YOUR JURISDICTION) AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE
UNDER THE AGE OF 18 (OR FOR JURISDICTIONS IN WHICH 18 YEARS OLD IS NOT THE AGE
OF MAJORITY, UNDER THE AGE OF MAJORITY FOR YOUR JURISDICTION) YOU MAY NOT USE,
VIEW, OR ACCESS THIS WEBSITE, YOUR PERMISSION TO USE, VIEW, OR ACCESS THE WEB
SITE, CONTENT OR SERVICES IS AUTOMATICALLY AND IMMEDIATELY REVOKED AND CLICK
HERE TO DISCONTINUE USE OF THIS WEB SITE IMMEDIATELY AND LEAVE THIS WEB SITE.
PLEASE CLICK HERE IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms
regularly for updates. You can determine when the Terms were last revised by referring to the "Last
Revised" legend that will be located at the top of this page. Any changes in these Terms take effect upon
posting and will only apply to use of the Web site, Content, or Services after that date. Each time you
access, use or browse the Web site, Content, or Services you signify your acceptance of the then-current
Terms.
2) Permitted Users of Web site
The Web site, Content, or Services are solely directed to persons at least 18 years of age (or for
jurisdictions in which 18 years old is not the age of majority, at least the age of majority for your
jurisdiction). This site may contain material and content of a graphic nature. If you are under the age of
18 (or for jurisdictions in which 18 years old is not the age of majority, under the age of majority for your
jurisdiction) you may not use, view, or access this Website and you must leave this Web site immediately
by clicking here. If you are at least 18 years of age (or for jurisdictions in which 18 years old is not the age
of majority, at least the age of majority for your jurisdiction) and agree to these Terms, you are permitted
to use, view, and access this Website, Content, or Services. If you do not agree to be bound by these
Terms or do not wish to view or be exposed to graphic material or are offended by graphic material, you
should not and are not permitted to use, view, and access this Website, Content, or Services and you
must immediately discontinue your use of the Website by clicking here. By viewing this site, you agree
that such viewing and reading does not violate the laws or standards imposed by your town, city, state or
country.
We are not responsible or liable for any content, communication, or other use or access of the Web site,
Content, or Services by users of this Web site in violation of these Terms.
Zwindle and the Web site do not knowingly collect information from children under age 13. If you are
under age 13, you are not permitted to use the Web site and must exit immediately. If you are under age
13, you are not permitted to submit any personally identifiable information to the Web site. If you provide
information to Zwindle through the Web site or any other part of the Web site, Content, or Services you
represent to Zwindle that you are 13 years of age or older. This does not change the foregoing obligation
to be at least 18 years of age (or for jurisdictions in which 18 years old is not the age of majority, at least
the age of majority for your jurisdiction) to use this Web site.
3) Permitted Use of Web site
The Content (other than Submissions which are governed by paragraph 3 of Section 8(d)), Web site, and
Services are the sole and exclusive property of Zwindle and/or its licensors. You agree not to reproduce,
republish, upload, post, duplicate, modify, copy, alter, distribute, create derivative works from, sell, resell,
transmit, transfer, display, perform, license, assign or publish, or exploit for any commercial purpose, any
portion of the Web site, Content or Services other than as expressly authorized by Zwindle in writing,
including without limitation, posting or transmitting any advertising, sponsorships, or promotions on, in
or through the Service, Website, or Content. Use of the Web site or the Content or Services in any way
not expressly permitted by these Terms is prohibited, and may be actionable under United States or
international law. You agree not to access the Website, Content or Services through any technology or
means other than the video streaming pages of the Service itself or other explicitly authorized means
Zwindle may designate. You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," or "offline readers," that accesses the Website, Content, or Service. Zwindle
reserves the right to remove or suspend access to the Website, Content, or Services without prior notice.
You may not duplicate, publish, display, modify, alter, distribute, perform, reproduce, copy, sell, resell,
exploit, or create derivative works from any part of the Web site or the Content or Services unless
expressly authorized by Zwindle in writing or as expressly set forth herein. You agree that you will not
remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary
notices, or marks, or logos contained on the Web site or in the Content or Services. You agree not to
collect or harvest any personally identifiable information, from the Service, nor to use the communication
systems provided by the Service (e.g., comments) for any commercial solicitation purposes. You agree
not to solicit, for commercial purposes, any users of the Service or Web site. In your use of the Web site,
Content or Service, you will comply with all applicable laws, regulations, rules, decrees, and ordinances.
You understand that when using the Service, you will be exposed to Content from a variety of sources,
and that Zwindle is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such Content. You further understand and acknowledge that you may be exposed to Content
that is inaccurate, offensive, indecent, objectionable, sexually explicit, or that contains nudity, and you
agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have
against Zwindle with respect thereto.
Special terms may apply to some products or Services offered on the Web site, or to any sweepstakes,
contests, or promotions that may be offered on the Web site. Such special terms (which may include
official rules and expiration dates) may be posted in connection with the applicable product, service,
sweepstakes, contest, promotion, feature or activity. By entering such sweepstakes or contests or
participating in such promotions you will become subject to those terms or rules. We urge you to read
the applicable terms or rules, which are linked from the particular activity, and to review our Privacy
Policy which, in addition to these Terms, governs any information you submit in connection with such
sweepstakes, contests and promotions. Any such special terms or rules are in addition to these Terms
and, in the event of a conflict, any such terms shall prevail over these Terms.
4) Privacy Policy
Please review the Privacy Policy at http://Zwindle.com/terms/ for the Web site. By using or visiting this
Website or the Content or Services, you signify your agreement to the Privacy Policy. If you do not agree
with the Privacy Policy at http://Zwindle.com/terms/, you are not authorized to use the Web site. The
terms of the Privacy Policy are incorporated herein by this reference.
5) Account Password and Security
The Web site may contain features that require registration (e.g., when you register for an account or a
contest). You agree to provide accurate, current and complete information about yourself as prompted.
If you provide any information that is inaccurate, not current or incomplete, or Zwindle has reasonable
grounds to suspect that such information is inaccurate, not current or incomplete, Zwindle may remove
or de-register you from this Web site or contest, at its sole discretion. Zwindle reserves the right to take
appropriate steps against any person or entity that intentionally provides false or misleading information
to gain access to portions of the Web site that would otherwise be denied.
At the time you register for online account access, you may be required to select a username and
password to be used in conjunction with your account. You are responsible for maintaining the
confidentiality of your password, if any, and are fully responsible for all uses of your password and
transactions conducted in your account, whether by you or others. You agree to (a) log out of your
account at the end of each session; (b) keep your password confidential and not share it with anyone
else; and (c) immediately notify Zwindle of any unauthorized use of your password or account or any
other breach of security. Zwindle is authorized to act on instructions received through use of your
password, and is not liable for any loss or damage arising from your failure to comply with this Section.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or
features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service
or the Content therein.
6) Proprietary Rights
You acknowledge and agree that, as between Zwindle and you, all right, title, and interest in and to the
Web site, Content, and Services including without limitation any patents, copyrights, trademarks, trade
secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Zwindle
or its licensors, are valid and enforceable, and are protected by United States intellectual property laws
and other applicable laws. Any attempt to use, redistribute, reverse engineer, or redesign the information,
code, videos, textual or visual materials, graphics, or modules contained on the Web site for any other
purpose is prohibited. Zwindle and its licensors reserve all rights not expressly granted in and to the
Website, Service and the Content.
Copyright: As between you and Zwindle, you acknowledge and agree that all Content and Services
included in the Web site, such as text, graphics, logos, icons, videos, images, media, data, audio, visual,
animation, software and other information and materials, is the copyright and property of Zwindle or
its content suppliers and protected by U.S. and international copyright laws. Permission is granted to
electronically copy and print hard copy portions of the Web site or Content for the sole purpose of using
the Web site as a personal internal resource or otherwise for its intended purposes, provided that all hard
copies contain all copyrights and trademarks, and other applicable intellectual property and proprietary
marks and notices. Any other use, including the reproduction, modification, distribution, transmission,
republication, display or performance, of the Website, Content, or Services are strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on
the Web site are proprietary to Zwindle or its licensors. Without limiting the foregoing, "Zwindle" is the
trademark of Zwindle. Unauthorized use of any trademark of Zwindle may be a violation of federal or
state trademark laws. Any third party names or trademarks referenced in the Web site do not constitute or
imply affiliation, endorsement or recommendation by Zwindle, or of Zwindle by the third parties.
7) Your Indemnity of Zwindle
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ZWINDLE, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS,
PARTNERS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS
FROM ANY LOSSES, LIABILITIES, CLAIMS, DAMAGES, OBLIGATIONS, DEMANDS, COSTS OR
DEBTS, AND EXPENSES INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES,
MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT
OF (A) YOUR CONNECTION, POSTING, OR SUBMISSION TO OR USE OF THE WEB SITE OR
THE CONTENT OR SERVICES OR SUBMISSION; (B) YOUR VIOLATION OF THESE TERMS, ANY
APPLICABLE LAWS, OR THE RIGHTS OF ZWINDLE OR ANY THIRD PARTY, INCLUDING WITHOUT
LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (C) ANY CLAIM THAT YOUR
SUBMISSION CAUSED DAMAGE TO A THIRD PARTY.
8) User Generated Content
a) Communications Services: The Web site may contain areas for you to leave comments or feedback,
chat areas, blogs, bulletin board services, focus groups, forums, sweepstakes, contests, games,
communities, calendars, and/or other message or communication facilities designed to enable you
and others to communicate with Zwindle and other users of the Web site (collectively, "Communication
Services"). The opinions expressed in the Communication Services reflect solely the opinion(s) of the
participants and may not reflect the opinion(s) of Zwindle. You acknowledge that your submissions to the
Web site may be or become available to others. You agree only to post, send and receive messages and
materials that are in accordance with these Terms and related to the particular Communication Service.
b) Prohibited Actions: You agree that the following actions are prohibited and constitute a material
breach of these Terms. This list is not meant to be exhaustive, and Zwindle reserves the right to
determine what types of conduct it considers to be inappropriate use of the Web site. In the case of
inappropriate use, Zwindle or its designee may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using the Web site, Content, Services or
a Communication Service, you will not:
1. Use the Web site, Content or Services for any purpose or to take any actions in violation of local,
state, national, or international laws, regulations, codes, or rules.
2. Violate any code of conduct or other guidelines which may be applicable for any particular
Communication Service.
3. Take any action that imposes an unreasonable or disproportionately large load on the Web site's
infrastructure or otherwise in a manner that may adversely affect performance of the Web site or
restrict or inhibit any other user from using and enjoying the Communication Services or the Web
site.
4. Use the Web site for unauthorized framing of or linking to, or access via automated devices,
bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or
Services.
5. Aggregate, copy, duplicate, publish, or make available any of the Content or Services or any
other materials or information available from the Web site to third parties outside the Web site in
any manner or any other materials or information available from the Web site.
6. Defame, bully, abuse, harass, stalk, demean, threaten or discriminate against others or otherwise
violate the rights (such as rights of privacy and publicity) of others or reveal another users'
personal information e.g. hate speech.
7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent, sexually explicit, pornographic, nude, or unlawful topic, name, material,
content, video, image, audio, caption, or information e.g. animal abuse, drug or substance
abuse, accidents, dead bodies and similar items. Our Services and Website are not provided for
pornography or sexually explicit content. Be advised that we work closely with law enforcement
and we report child exploitation. You are not permitted to provide a Submission that contains
graphic or gratuitous violence (on yourself or others) or shows yourself or someone else getting
hurt, attacked, or humiliated.
8. Upload or download files that contain software or other material protected by intellectual property
laws or other laws, unless you own or control the rights, titles, or interests thereto or have
received all necessary consents or rights.
9. Upload or transmit files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer.
10. Use the Web site to make available unsolicited advertising or promotional materials, spam,
pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation or
conduct or forward surveys.
11. Harvest or otherwise collect information about others, including email addresses, without their
consent.
12. Download any file or material posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
13. Falsify or delete any author attributions, legal or other notices, or proprietary designations or
labels of origin or source.
14. Restrict or inhibit any other user from using and enjoying the Communication Services.
15. Engage in any other action that, in the judgment of Zwindle, exposes it or any third party to
potential liability or detriment of any type.
If you use, view, or access this Web site in contravention of these Terms, or if you have repeatedly
violated these Terms or a third party's copyright, we reserve the right to terminate the permissions or
rights granted to you by Zwindle and we reserve all of our rights under this Agreement, at law and in
equity.
c) User Materials: Any and all content, comments, views, information, data, text, video, image, captions,
music, sound, graphics, photos, software, code, audio, sound, music, audio visual combinations,
interactive features, feedback, documentation, photographs, discussions, news, articles, messages,
postings, listings, and other materials, viewed on, accessed through, displayed on, posted to,
transmitted, streamed, or distributed or otherwise made available through the Web site, Services or the
Communication Services by users or other third parties ("User Materials") are strictly those of the person
from which such User Materials originated, who is solely responsible for its content. Use of or reliance
on User Materials is entirely at your own risk and Zwindle expressly disclaims any and all liability in
connection with User Materials. Zwindle does not validate, monitor, or endorse any User Materials of any
user or other licensor, or any opinion, recommendation, or advice expressed therein nor vouch for their
reliability. Under no circumstances will Zwindle or its suppliers or agents be liable in any way for any User
Materials.
You acknowledge and agree that Zwindle may or may not pre-screen or monitor User Materials, but that
it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, monitor,
refuse, delete, move, remove, suspend, block, and/or restrict access to the Website and any Content or
User Materials that are available via the Web site. You understand that by using the Web site, you may
be exposed to User Materials that you may consider offensive or objectionable or that may contain nudity
or adult oriented or sexually explicit material. Some of the Content on this Web site may offend you. If you
think that the Content violates these Terms, then "tag" or "flag" the video you're watching to submit it for
review by us. You agree that you must evaluate, and bear all risks associated with, the use or exposure
to any User Materials posted by others.
Without limiting the foregoing, Zwindle and its designees have the right to temporarily or permanently
remove, delete, block, suspend or restrict your account or access to the Website or any Content or User
Materials on the Website that violate these Terms or are otherwise objectionable, obscene, pornographic,
or offensive in Zwindle's sole discretion, including without limitation removing or substituting other words
for foul or inappropriate language. You agree Zwindle shall have no liability for such removal, deletion,
blocking, suspension, or restriction or any of the actions taken pursuant to this Section.
You further acknowledge and agree that you will not rely on this Web site or any Content or Services
available on or through the Web site. We are not responsible for any errors or omissions in the User
Materials or hyperlinks embedded therein or for any results obtained from the use of such information.
Under no circumstances will Zwindle or its suppliers or agents be liable for any loss or damage caused by
your reliance on such User Materials.
Except as otherwise expressly permitted under copyright law or as otherwise expressly set forth herein,
you will not copy, redistribute, retransmits, publish or commercially exploit the downloaded Content
without the express permission of Zwindle and the copyright owner. You may not sell, lease or rent
access to or use of the Web site or its Services. You shall not use this Web site or any Content or
Services at any time for any purpose that is unlawful or prohibited by these Terms and other conditions
and notices on the Web site and shall comply with all applicable local, state, federal, national or
international statutes, rules, regulations, ordinances, decrees, laws, codes, orders, regulations, or treaties
of any government or regulatory body of any jurisdiction. You shall not use the Web site in any manner
that could damage, disable, impair or interfere with any other user's use of the Web site or Services
or Content. You may not attempt to gain unauthorized access to the Web site through hacking or any
other unauthorized means. You may not attempt to obtain or obtain any Content or Services through any
means not intentionally made available to you through the Web site.
d) Submissions: You are solely responsible for the User Materials that you post, display, share, stream,
email, transmit or otherwise make available via the Web site or Services ("Submission"). All Submissions
are subject to these Terms and you agree that you will not submit any Submission that is in violation of
these Terms. You understand that Zwindle does not guarantee any confidentiality with respect to any
Submissions you submit. Zwindle is under no obligation to post or use any Submission and may remove,
delete, block, suspend, terminate, or restrict access to any Submission at any time in its sole discretion.
You acknowledge and agree that Zwindle is entitled to remove, delete, block, suspend, terminate, or
restrict your Submission or account or your access to the Website, Content, or Services permanently or
temporarily and without prior notice, if Zwindle deems that you have been, or you have been identified
by other users to be (either once or repeatedly), indecent, offensive, obscene, or sexually explicit in your
Submission or if your use of the Website, Services, or Content violates these Terms. For the avoidance
of doubt, if your Submission is "skipped," "flagged," "reported" or "tagged" by other users either once or
repeatedly for the foregoing reasons, then we reserve the rights to perform the foregoing actions. You
agree Zwindle shall have no liability for such removal, deletion, blocking, suspension, termination, or
restriction or any of the actions taken pursuant to this Section. Violations of the Terms of Use may result
in a warning notification or termination of your account. If you violate these Terms we reserve the right
to temporarily or permanently terminate your account or terminate or block your access to the
Website, Content, or Services.
By making a Submission, you represent and warrant that your Submission is true, your own original work,
and does not infringe any other person's or entity's rights, and that you and any other person mentioned
or shown in your Submission release any and all claims concerning Zwindle's or its designees' use,
posting, copying, modification, transmission, or distribution of the Submission or any part thereof. You
represent and warrant that you own all right, title, and interest, including copyright, to your Submission,
and hold all necessary licenses or releases concerning the contents of your Submission and consents
and rights to use, post, copy, modify, distribute, stream, or transmit your Submission. You agree that
you are solely responsible for you own Submission and the consequences of submitting and streaming,
transmitting, displaying or publishing your Submission on the Service. You must evaluate and bear all
risks associated with your disclosure of any Submission.
By making a Submission, you grant Zwindle and its licensees, assignees and designees an irrevocable,
assignable, transferable, fully sub-licensable (through multiple levels of sublicensees), perpetual, world-
wide, royalty-free, fully paid-up, non-exclusive right and license, in their sole discretion, to use, distribute,
stream, reproduce, post, modify, copy, combine, adapt, publish, translate, rent, lease, sell, resell, perform
or display (whether publicly or otherwise), make available online or electronically transmit, and perform,
and create derivative works of your Submission (in whole or in part), along with your name or any part
thereof and city/town/country of residency, in Zwindle's discretion, on the Web site or elsewhere, and
to use, copy, adapt, distribute, or incorporate all or any part of your Submission into other advertising,
promotion, research, analysis or other materials in any format or medium or channels now known or
later developed. You hereby waive any right to inspect such use and any claims based on title, privacy,
confidentiality, publicity, defamation, misappropriation, intellectual property or similar claims for any
use of your Submission. You also hereby grant each user of the Website, Content and Service a non-
exclusive license to view, use, and access your Submission through the Website as permitted through the
functionality of the Service and under these Terms.
9) Notice and Procedures for Making Claims of Copyright or Intellectual Property
Infringement
Zwindle may, in appropriate circumstances and at its sole discretion, disable and/or terminate use of the
Website, Content, or Services by users who infringe the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide Zwindle's Copyright Agent a Notice containing the
following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been
infringed;
3. a description of where the material that you claim is infringing is located on the Web site
(providing URL(s) in the body of an email is the best way to help Zwindle locate content quickly);
4. your name, address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by Zwindle
against you, the DMCA permits you to send Zwindle a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA;
see http://www.loc.gov/copyright/ for details. Notices of claims of copyright or other intellectual property
infringement and counter-notices should be sent to Zwindle's Copyright Agent.
Contact Form
Make sure you know whether the Content that you have seen on Zwindle infringes your copyright. If you
are not certain what your rights are, or whether your copyright has been infringed, you should check with
a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make
a false or bad faith allegation of copyright infringement by using this process.
Please also note that the information provided in this legal notice may be forwarded to the person who
provided the allegedly infringing Content.
10) Links
Links to Other Websites and Search Results: The Web site may contain links to websites operated
by other parties. The Web site provides these links to other websites as a convenience, and your
use of these sites is at your own risk. The linked sites are not under the control of Zwindle which is
not responsible for the content available on third party sites. Such links do not imply endorsement of
information or material on any other site and Zwindle disclaims all liability with regard to your access to,
use of or transactions with such linked websites. You acknowledge and agree that Zwindle shall not be
responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be
caused by or in connection with, access to, use of or reliance on the Website or any Content or Services
available on or through any other site or resource.
Links to the Web site: You may link another website to the Web site subject to the following linking
policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute
the reputation of Zwindle or the Web site; (ii) the appearance, position and other attributes of the link may
not create the false appearance that your site, business, organization or entity is sponsored by, endorsed
by, affiliated with, or associated with Zwindle or the Web site; (iii) when selected by a user, the link must
display the Web site on full-screen and not within a "frame" on the linking website; and (iv) Zwindle
reserves the right to revoke its consent to the link at any time and in its sole discretion.
11) Modifications to Web site
Zwindle reserves the right at any time and from time to time to modify, suspend, block, terminate, or
discontinue, temporarily or permanently, the Web site, Content, or Services, or any portion thereof, with
or without notice. You agree that Zwindle will not be liable to you or to any third party for any modification,
suspension, blocking, termination, or discontinuance of the Web site, Content, or Services.
12) Suspension and Termination Rights
Zwindle reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate
your access to the Web site, Content, or Services or any part thereof for any reason, including without
limitation any breach by you of these Terms. You agree that Zwindle shall not be liable to you or any third
party for any such suspension or termination.
13) Disclaimer
THE WEB SITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS, SWEEPSTAKES,
CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON
THE WEB SITE, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZWINDLE
AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND CONTENT,
INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE ON OR THROUGH THE
WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER
VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. YOUR USE OF THE WEB SITE OR ANY CONTENT OR SERVICES ARE ENTIRELY
AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, ZWINDLE EXCLUDES ALL WARRANTIES,
CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THIS WEB SITE'S CONTENT OR THE CONTENT OF ANY WEB SITES LINKED TO THIS WEB
SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL, CONFIDENTIAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF YOUR SUBMISSION OR THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR WEBSITE. ZWINDLE DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY
HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
ZWINDLE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND ANY OTHER USER OR THIRD-
PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any
Content, Services, or access to the Web site is free of viruses or other harmful code.
14) Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZWINDLE AND ITS RELATED PARTIES
DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT
LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF
OR IN CONNECTION WITH THE WEB SITE, USE, INABILITY TO USE OR PERFORMANCE OF
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM
OR THROUGH THE WEB SITE. IN NO EVENT SHALL ZWINDLE, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
LOSSES, EXPENSES, OR DAMAGES, EVEN IF THESE PERSONS AND ENTITIES HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY
LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY
OF ZWINDLE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEB SITE OR
THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE
WEBSITES SHALL NOT EXCEED FIFTY DOLLARS (U.S.)
YOU SPECIFICALLY ACKNOWLEDGE THAT ZWINDLE SHALL NOT BE LIABLE FOR CONTENT OR
THE DEFAMATORY, INDECENT, OFFENSIVE, OBSCENE, SEXUALLY EXPLICIT, PORNOGRAPHIC,
NUDE, OR ILLEGAL CONDUCT OR CONTENT OF ANY THIRD PARTY AND THAT THE RISK OF
HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied
warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above
limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by
applicable law.
15) Governing Law and Disputes
These Terms shall be governed by, and will be construed under, the laws of the State of Pennsylvania,
U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by
the federal and state courts located in Santa Clara County, California, U.S.A., to settle any dispute which
may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for
the resolution of disputes concerning these Terms. ANY CAUSE OF ACTION OR CLAIM YOU MAY
HAVE WITH RESPECT TO THESE TERMS, THE WEB SITE OR THE CONTENT OR SERVICES MUST
BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR
SUCH CLAIM OR CAUSE OF ACTION SHALL BE BARRED.
The Web site is controlled within the United States of America and directed to individuals residing in the
United States. Those who choose to access the Web site from locations outside of the United States
do so on their own initiative, and are responsible for compliance with local laws if and to the extent local
laws are applicable. Zwindle does not represent that the Web site, Content, or Services are appropriate
outside the United States of America. Zwindle reserves the right to limit the availability of the Website to
any person, geographic area or jurisdiction at any time in its sole discretion.
16) Force Majeure
Zwindle shall not be liable for any delay or failure to perform resulting from causes outside its reasonable
control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents,
strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without
limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation
facilities, fuel, energy, labor or materials.
17) Ability To Accept Terms of Service
You represent and warrant that you are either at least 18 years of age (or for jurisdictions in which 18
years old is not the age of majority to legally enter into binding contracts, at least such age of majority for
your jurisdiction), or an emancipated minor, or possess legal parental or guardian consent, and are fully
able and competent to enter into the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms, and to abide by and comply with these Terms. You acknowledge that
we have given you a reasonable opportunity to review these Terms and that you have agreed to them.
18) Miscellaneous
These Terms and the Privacy Policy and any other legal notices published by Zwindle set forth the entire
understanding and agreement between you and Zwindle with respect to the subject matter hereof. If any
provision of the Terms or the Privacy Policy 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 or the Privacy Policy shall remain in full
force and effect. Headings are for reference only and in no way define, limit, construe or describe the
scope or extent of such section. Zwindle's failure to act with respect to any failure by you or others to
comply with these Terms or the Privacy Policy does not waive its right to act with respect to subsequent
or similar failures. You may not assign, transfer, sublicense or delegate these Terms or the Privacy Policy
or your rights or obligations under these Terms or the Privacy Policy without the prior written consent of
Zwindle, but same may be assigned by Zwindle without restriction. Any assignment, transfer, sublicense,
or delegation in violation of this provision shall be null and void. There are no third party beneficiaries to
these Terms or the Privacy Policy.
19) Questions?
Please direct any questions you may have about these Terms, technical questions or problems
with the Web site, or report a violation of these Terms, or comments or suggestions to Zwinle at
help@zwindle.com.
It is our strict policy to never sell or offer your email, profile information or videos/images to anyone. Period. Your information is safe with us. We value your membership and hope you enjoy zwindle.
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