TERMS

General

 

This End User License Agreement, including the Privacy Policy, Terms of Service, and Frequently Asked Questions (FAQs), which are incorporated herein by this reference and which you can access by clicking on each of the hyperlinks above (collectively, the “Terms”), are a binding contract between you and Zoolz. (“Zoolz”). You may print the foregoing documents using the print function in your browser. You understand and agree that by installing, accessing, or using the software, products, services, applications and associated documentation and Enhancements (collectively, the “Zoolz Products”), you will be bound by these Terms. If you agree to these Terms on behalf of a business or organization, you represent and warrant that you have the authority to bind that business or organization to these Terms and your agreement to these Terms will be treated as the agreement of the business or organization. In that event, “you” and “your” will refer to and apply to the user of the Zoolz Products or that business or organization, as required by the context. If you do not agree with these Terms, Zoolz is not willing to license to you and you may not use the Zoolz Products.

 

Your License

 

Zoolz Products are licensed and not sold to you. During the term of your subscription, Zoolz grants to you a revocable, limited, non-transferable, non-exclusive license to use Zoolz Products, solely in connection with the backup of your data. Except for the limited license granted in these Terms, Zoolz and its licensors retain all right, title and interest in and to the Zoolz Products, all copies thereof, and all proprietary rights therein, including copyrights, patent, trademark and trade secret rights. You may not copy or distribute Zoolz Products, except to the extent that copying is necessary to use Zoolz Products for the purposes set forth herein. You may not reverse engineer, decompile, disassemble, modify, or create derivative works of Zoolz Products. You may not alter or modify any disabling mechanism which may be included in Zoolz Products. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer Zoolz Products, or directly or indirectly permit any third party to copy Zoolz Products. You may not remove any proprietary notices (e.g., copyright and trademark notices) from Zoolz Products. You must reproduce the copyright and all other proprietary notices displayed on Zoolz Products and on each permitted backup or archival copy. All use of Zoolz Products shall be in accordance with these Terms and its then-current documentation. You shall be solely responsible for ensuring that your use of Zoolz Products is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.

 

How It Works

 

Zoolz Products save a copy of each file that is automatically selected for backup and other files you designate for backup (your “Backed-up Data”) to a server operated by Amazon. Zoolz Products automatically scan for changes or additions to the Backed-up Data and then periodically re-save a copy or a part of a modified file or create a copy of a newly designated file. For a complete list of the files Zoolz is backing-up for you, please refer to the Zoolz web console. You can check whether Zoolz is backing-up specific files by going to Zoolz Timeline located in your Computer, Web console, or from your mobile. If you are unable to locate your file, Zoolz is not backing-up that file. Your Backed-up Data may not be available or restorable if: (i) Zoolz has not completed copying your selected files or changed files; (ii) for files, folders, or disk drives that are not automatically backed-up, you do not manually select them for backup, or you unselect a file for backup; (iii) you delete a person from your Zoolz account; (iv) you move a file to a location on your computer that is not automatically scanned to select files for backup or you upgrade your operating system resulting in changes to your file mapping; (v) your computer is unable to access the internet or to Amazon s3 Storage; (vi) you fail to follow Zoolz technical requirements, including upgrading the version of your Zoolz Products as required; or (vii) you terminate your license or fail to renew your subscription to Zoolz Products. For additional information about the status of your Backed-up Data Frequently Asked Questions (FAQs)

 

Enhancements and Feedback

 

Enhancements. Zoolz may (i) automatically update Zoolz Products installed on your computer without your prior notice, (ii) upgrade, enhance, change and modify (collectively, the “Enhancements”) Zoolz Products, or (iii) discontinue or retire Zoolz Products or any aspect or feature of Zoolz Products, including the types of files and data that are backed-up (not every file on your computer is backed-up) or the availability of Zoolz Products on any particular device or communications service at any time and from time-to-time in its sole discretion. Any Enhancements made available to you will be subject to these Terms. Zoolz will use reasonable efforts to provide notice of material changes to the Zoolz Products or changes to these Terms by posting them to Product Agreement. It is your responsibility to periodically check Zoolz website to inform yourself of any such modifications. Changes to these Terms, which may be made in Zoolz sole and exclusive discretion, will be effective upon acceptance of these Terms (as described herein) for new subscriptions and effective for all existing users thirty (30) calendar days after the posting of the new Terms on Zoolz website at Product Agreement You agree to be bound to these Terms, as modified. If you do not agree to the modified Terms you are not permitted to use Zoolz Products and must terminate your subscription immediately.

 

Feedback

 

You may provide feedback to Zoolz with respect to the Zoolz Products. Zoolz may use feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the feedback, you hereby grant Zoolz an irrevocable, non-exclusive, perpetual, royalty-free license to use the feedback in connection with Zoolz business, including enhancement of the Zoolz Products.

 

Term

 

Term and Termination. These Terms and your license to the Zoolz Products will commence at the time and on the day you install, access, or use Zoolz Products, whichever is earlier. These Terms, your license and your subscription to the Zoolz Products will automatically terminate or expire upon the earlier of (i) non-renewal, cancellation, or expiration of your subscription or your failure to pay invoices when due, (ii) Zoolz discontinuance of the Zoolz Products, or (iii) failure to comply with these Terms. If any third party makes an intellectual property infringement claim relating to the Zoolz Products, Zoolz reserves the right to immediately terminate your subscription to the affected Zoolz Products. Zoolz MAY, IN ITS SOLE DISCRETION, DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF THE Zoolz PRODUCTS, INCLUDING SUSPENDING OR TERMINATING YOUR LICENSE AND ACCOUNT WITH Zoolz IF YOU ARE USING THE Zoolz PRODUCTS IN A MANNER NOT INTENDED OR IN VIOLATION OF LAW.

 

Effect of Non-Renewal or Termination

 

Upon any non-renewal, termination, or expiration of your subscription to the Zoolz Products (i) the license granted herein will automatically and immediately terminate and you will have no further right to possess or use the Zoolz Products, (ii) the Zoolz Products may be disabled by Zoolz without notice to you, and (iii) you will no longer have the right to access or retrieve your Backed-up Data. You acknowledge and agree that Zoolz policy is to automatically delete all of your Backed-up Data upon non-renewal, termination, or expiration of your subscription to Zoolz Products and that it is solely your responsibility to seek another source for your backup needs.

 

Trial and Evaluation Licenses

 

You may try the Zoolz Products prior to paying for a full subscription by licensing a trial, evaluation, or other limited versions (an “Evaluation Version”). Your license to an Evaluation Version of the Zoolz Products will automatically terminate upon the earlier of (i) the expiration or cancellation of the evaluation period, (ii) when the Zoolz Product is no longer made available, (iii) when Zoolz cancels your license to the Evaluation Version, or (iv) when your computer has not accessed the Zoolz server for more than thirty (30) calendar days. You acknowledge and agree that Zoolz policy is to automatically delete all of your Backed-up Data upon termination or expiration of any Evaluation Version and that it is solely your responsibility to seek another source for your backup needs.

 

Lifetime Licenses

 

Your license to a Lifetime Plan of the Zoolz Products will automatically terminate upon the earlier of (i) when the Zoolz Product is no longer made available, (ii) when Zoolz cancels your license to the Lifetime Plan, or (iii) when your computer has not accessed the Zoolz server for more than ninety (90) calendar days. You acknowledge and agree that Zoolz policy is to automatically delete all of your Backed-up Data upon meeting any of the above points and that it is solely your responsibility to seek another source for your backup needs.

 

Disclaimer of Warranties; Indemnification; Limitation of Liability

 

Zoolz Products. THE Zoolz PRODUCTS MAY CONTAIN OR Zoolz MAY PROVIDE TO YOU THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING, OR YOU MAY OBTAIN THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING FROM THIRD PARTIES DIRECTLY, (“THIRD PARTY COMPONENTS”). THE Zoolz PRODUCTS, ALL THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. Zoolz AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE Zoolz PRODUCTS, THE THIRD PARTY PRODUCTS AND ALL BETA SOFTWARE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE Zoolz PRODUCTS. Zoolz DOES NOT WARRANT THAT THE Zoolz PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE Zoolz PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE Zoolz PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT YOUR INSTALLATION, USE AND ACCESS OF THE Zoolz PRODUCTS, THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, SOFTWARE AND THE LOSS OF BACKED-UP DATA THAT RESULTS FROM THE USE THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Zoolz SHALL CREATE ANY ADDITIONAL Zoolz WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF Zoolz’S OBLIGATIONS HEREUNDER. YOU HEREBY WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST Zoolz AND ITS AFFILIATES, SUPPLIERS AND LICENSORS ARISING OUT OF YOUR USE OF THE Zoolz PRODUCTS, THIRD PARTY COMPONENTS AND BETA SOFTWARE. THE Zoolz PRODUCTS MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT Zoolz DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. Zoolz SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS.

 

Beta Applications

 

Zoolz may designate certain Enhancements and new releases of the Zoolz Products as “Beta Software.” Beta Software is not ready and is not intended for use in a production environment. At this early stage of development, operation of the Beta Software may be unpredictable and lead to erroneous results. You acknowledge and agree that (i) the Beta Software is experimental in nature and has not been fully tested, (ii) the Beta Software may not meet your requirements or perform as intended, (iii) use of the Beta Software may not be uninterrupted, error free, or free of faults, (iv) your use of the Beta Software is for the sole purpose of evaluating and testing the product and providing feedback to Zoolz, and (v) you shall inform your employees, staff members and other users regarding the nature of the Beta Software. Your use of the Beta Software is and shall be subject to these Terms.

 

Indemnification; Limitation of Liability

 

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR CONDUCT, YOUR DATA, AND YOUR BACKED-UP DATA RELATED TO THE Zoolz PRODUCTS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Zoolz, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, SUPPLIERS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE, LIABILITY AND EXPENSE (INCLUDING ATTORNEYS’ FEES, EXPERT FEES AND OUT-OF-POCKET EXPENSES) ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS, YOUR USE OF THE Zoolz PRODUCTS, OR YOUR BACKED-UP DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Zoolz OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR DATA, OR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF DATA AND BACKED-UP DATA, BUSINESS INTERRUPTION, OR LOST REVENUES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE Zoolz PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE, OR YOUR USE OF DATA OR FILES STORED THEREIN, EVEN IF Zoolz HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE)). IN ANY CASE AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF Zoolz AND ITS AFFILIATES, SUPPLIERS AND LICENSORS FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) SHALL BE LIMITED TO THE LICENSE FEES PAID BY YOU TO Zoolz IN THE 30 CALENDAR DAYS PRIOR TO THE DAMAGES ARISING. IF THE Zoolz PRODUCTS ARE PROVIDED TO YOU WITHOUT CHARGE, THEN Zoolz SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES.YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE Zoolz PRODUCTS. Some jurisdictions do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the foregoing terms may not apply to you.

 

Governing Law and Arbitration

 

These Terms shall be governed, construed and enforced in accordance with the laws of the United Kingdom without reference to conflicts of law principles. The parties agree that the exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with these Terms, shall be in the state or federal courts, as applicable, located in the City of London, UK.

 

Any dispute, controversy, or claim arising out of or relating to this Agreement, including the arbitrability of the matter or the formation, interpretation, scope, applicability, termination, or breach thereof, shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures, or JAMS International Arbitration Rules, if the matter is deemed “international” within the meaning of that term as defined in the JAMS International Arbitration Rules. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator, and shall be conducted in London, UK. If the JAMS International Arbitration Rules apply, the language to be used in the arbitral proceedings will be English. Judgment upon the arbitral award may be entered by any court having jurisdiction. This section shall apply to and require arbitration of all disputes, controversies and claims, regardless of whether such disputes, controversies, or claims concern a single individual, entity, or other person, multiple individuals, entities, or other persons, or classes of individuals, entities, or other persons.

 

Additional Terms

 

Privacy See Zoolz Privacy Policy, which you can access by clicking Privacy Policy for information and notices concerning Zoolz collection, use and security of your personal information.

 

Export

 

You shall not export, directly or indirectly, the Zoolz Products to any country for which the United Kingdom requires an export license or other governmental approval. You shall not use the Zoolz Products to store, backup, or distribute child pornography or other illegal files or data. You shall defend, indemnify and hold Zoolz

 

harmless from and against any and all damages, fines, penalties, assessments, liabilities, costs and expenses (including attorneys’ fees, expert fees and out-of-pocket expenses) arising out of any claim that you are storing child pornography or other illegal files or data, or that the Zoolz Product was exported or otherwise shipped or transported by you in violation of applicable laws, rules and regulations.

 

Termination and Fair Use Policy

 

Zoolz SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF Zoolz PRODUCTS OR SERVICES TO USERS WHO ARE DEEMED BY Zoolz TO BE USING THE Zoolz PRODUCTS OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY Zoolz OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER’S ACCOUNT WITH Zoolz AND THE LICENSE TO USE THE Zoolz PRODUCTS OR SERVICES. Zoolz Products or Services are designed to serve the needs of particular types of users, such as individual consumers or small businesses. If you have purchased a Zoolz Product or Service that is inappropriate for your actual usage, for example if Zoolz believes that you are using our service for business or commercial use, Zoolz will require you to switch to an appropriate Zoolz Product or Service. This may result in you having to pay Zoolz additional fees for use of the appropriate product or to terminate your purchased Zoolz Products or Services. For example: If Zoolz believes that you are using our home service for business or commercial use, Zoolz has the sole discretion to amend your service to our Business service which may require you paying additional fees or termination of your account. Zoolz determines business use as excessive backup of media files e.g. photos or videos in excess of 500GB. Zoolz may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of Zoolz Products or Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate. Your consumption of Zoolz Products or Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of Zoolz customers, generally. We monitor the usage of our heaviest Unlimited account users, a dynamic margin is calculated based upon averages which, should a user fall into, we may require them to cease backup or move onto a business account. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan or Zoolz Product or Service that will permit you to continue to use Zoolz Products or Services. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to use Zoolz Products or Services and any license to use the Zoolz Software, without prior notice in the event of a violation of this policy. If Zoolz believes that you are breached our Fair Use Policy and the user has not switched to a Business Service, Zoolz will allow the user 14 days from date of first communication to retrieve their data before deletion of the users account and data. 1st notice will be sent 14 days before account deletion and 2nd notice will be sent 2 days before account deletion. All communications will be sent to the email address attached to the users account. Zoolz has a zero tolerance policy and will immediately terminate accounts that violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.

 

General

 

These Terms, which incorporate the Privacy Policy , Product Agreement ,and Frequently Asked Questions (FAQs), each of which you can access by clicking on these links or navigating the tabs above, constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. In particular, if you are a current licensee of Zoolz Products, these Terms shall supersede your existing license agreement and that agreement shall be of no further force or effect. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. As used in these Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” If one or more of the provisions herein shall be held invalid, illegal, or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any subsequent default or breach. If you or Zoolz cannot perform its obligations under these Terms because of any act of God, accident, strike, court order, fire, riot, war, failure of third party equipment, or any other cause not within the affected party’s reasonable control and that could not be avoided through the exercise of reasonable care and diligence (a “Force Majeure Event”), then the non-performing party will: (i) promptly notify the other party; (ii) take reasonable steps to resume performance as soon as possible; and (iii) not be considered in breach during the duration of the Force Majeure Event. If a Force Majeure Event continues for five (5) or more business days, Zoolz may terminate your subscription to the Zoolz Products and these Terms by providing written notice to you. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT. The following provisions shall survive termination or expiration of this Agreement: Account Access and Ownership; Effect of Non-Renewal or Termination; Disclaimer of Warranties; Indemnification; Limitation of Liability; Governing Law and Arbitration; and Additional Terms. Any inconsistency between these Terms in English and these terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version.

 

Third Party Software Credits

 

The following is a list of the third-party software and images we have included in Zoolz’s products/website. We are thankful to all individuals that have created these.

These components require that their credits are to be included on our site:

xDelta:

 

http://code.google.com/p/xdelta/

AlphaVSS:

 

Copyright (c) 2008-2011 Peter Palotas

 

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

 

Revised on Feburary 7, 2013

These terms of service (“Terms”) are a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and Zoolz. Zoolz operates the Zoolz online services and are referred to in these Terms as “BigMIND.” These Terms govern your use of any Zoolz online services (“Services”), the Zoolz website (“Site”), the client software distributed with this Agreement and any other software provided by Zoolz, including any updates and any accompanying written documentation (“Software”). Collectively, the Software, the Site and the Services may be referred to as the “Products.” By clicking the “I AGREE” or similar button, or using any Products, you agree to these Terms. If you do not agree to these Terms, then do not indicate acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms.

 

You must register with Zoolz to use the Services, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Services. BigMIND Home currently offers a free personal account with limited storage capacity (“Free Account”) and various fee-bearing accounts offering larger storage capacities and other feature enhancements (“Paid Accounts”). If you sign-up for a Paid Account, you agree to pay the fixed subscription and variable usage-based fees with a 30-day money back period, if any, for the account type you have selected and agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you exceed any quota allocated to your account, you agree that Zoolz may restrict your ability to backup further data until you reduce your storage usage or upgrade your account. If you use a credit card for payment, you authorize Zoolz to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify Zoolz in advance that you do not want your subscription renewed.

 

You are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your usernames and accounts, including any sub-accounts. If you lose your passwords or the encryption keys for your accounts, you may not be able to access your backup data. You must notify Zoolz immediately of any unauthorized use of your accounts or any other security breach related to the Service. If Zoolz determines that a security breach has occurred or is likely to occur, Zoolz may suspend your accounts and require you to change your usernames and passwords.

 

You agree that Zoolz collection, use and disclosure of your personal information, backup data or any other data will be governed by Zoolz Privacy Policy, which is incorporated into these Terms by reference.

 

Subject to these Terms, Zoolz grants you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Services and Software. You may install and use the Software in executable form only on the number and type of devices that are specified in the then-current documentation for your account type as described on the Site or as specified in other transaction documentation provided by Zoolz or an authorized reseller. You acknowledge that certain third-party code may be provided with the Software and that the license terms accompanying that code will govern its use.

 

You acknowledge that Zoolz or third parties own all right, title and interest in and to the Products, including all intellectual property rights. Except for the license granted in these Terms, Zoolz and its licensors retain all rights in the Products, and no implied licenses are granted to you.

 

You specifically agree that you will not, nor will you permit another person to:

 

sublicense, lease, rent, loan, transfer or distribute any portion of the Products;

 

modify, adapt, translate or create derivative works from the Products;

 

decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products; or

 

remove, obscure, or alter any trademark, copyright or other proprietary rights notices displayed in the Software or on the Site.

 

You are solely responsible for your conduct related to the Service and any backup data you store on the Service. You specifically agree that you will not use the Products to:

 

violate any laws or regulations;

 

infringe the intellectual property or other rights of third parties;

 

transmit any material that contains viruses or other harmful computer code or files such as Trojan horses, worms or time bombs.

 

Zoolz respects the intellectual property of others and requires that users of the Service do the same. When you use the Products, you may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. In appropriate circumstances, Zoolz will terminate the accounts of infringers.

 

You agree to defend, indemnify, and hold Zoolz, its suppliers, resellers, partners and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, in connection with:

 

your use of the Products

 

your violation of these Terms;

 

your violation of any third party right, including any intellectual property right; or

 

any claim that use of your backup data caused damage to a third party.

 

This indemnity obligation will survive the termination or expiration of your account and these Terms.

 

Zoolz reserves the right at any time to modify, suspend, or discontinue providing the Service, in whole or in part, without notice. While not obligated to do so, Zoolz will use commercially reasonable efforts to notify you of any such action by sending you an e-mail, an in-client message or by posting relevant information on the Site.

 

Zoolz reserves the right to modify these Terms at any time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of any Products following any such modification constitutes your agreement to be bound by the modified Terms. To stay informed of any changes, please review the most current version of these Terms posted on the Site. If you do not agree to be bound by these Terms, you must stop using the Products immediately.

 

These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing use of the Products.

 

If you have a Free Account, Zoolz may terminate your account and these Terms immediately and without notice if Zoolz software fails to access the Service or to perform a backup for more than thirty (30) days (Zoolz is not activelty installed on your computer) or you fail to comply with these Terms. If you have a Paid Account (Premium or Business), Zoolz may terminate your account and these Terms after (30) days and without notice if you fail to renew your subscription, fail to pay any fees or invoices when due or otherwise fail to comply with these Terms.

 

On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Software and the Services, and you will no longer be able to access and restore your backup data. Also, you specifically agree that Zoolz has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from Zoolz systems.

 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

 

YOU SPECIFICALLY AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Zoolz, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, Zoolz, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES MAKE NO WARRANTY THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE PRODUCTS WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE; AND (D) ANY DEFECTS OR ERRORS IN THE PRODUCTS WILL BE CORRECTED.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCTS ARE NOT INTENDED OR SUITABLE FOR USE IN APPLICATIONS THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

 

YOU SPECIFICALLY AGREE THAT Zoolz, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS OR IN ANY WAY RELATING TO THE PRODUCTS.

 

IF YOU HAVE A PAID ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF Zoolz, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT PAID FOR THAT ACCOUNT DURING THE 30 DAY PERIOD BEFORE THE RELEVANT CLAIM. IF YOU HAVE A FREE ACCOUNT, YOU AGREE THAT THE AGGREGATE LIABILITY OF Zoolz9, ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE PRODUCTS IS LIMITED TO ONE US DOLLARS ($1). YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Zoolz.

 

You acknowledge that use of the Products may be subject to the export and import laws of the United Kingdom and other countries. You agree to comply with all export and import laws and regulations. In particular, you acknowledge that the Products may not be exported or re-exported to any U.K. embargoed countries or to anyone on the U.K. Treasury Department’s list of Specially Designated Nationals or the U.K. Department of Commerce Denied Persons List or Entity List. By using the Products, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Products for any purposes prohibited by U.K. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

 

These Terms and the relationship between you and Zoolz will be governed by the laws of the United Kingdom, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in London to resolve any dispute or claim arising from these Terms. As to intellectual property rights, you specifically agree that Zoolz may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

 

These Terms constitute the entire agreement between you and Zoolz and completely replace any prior agreements between you and Zoolz in relation to the Products. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. The failure of Zoolz to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. You agree that any claim or cause of action related to these Terms or the use of the Products must be filed within one (1) year after the cause of action arose or be forever barred.

 

You may not assign or transfer any of your rights or obligations under these Terms to a third party without the prior written consent of Zoolz Zoolz may freely assign this Agreement.

 

Last Revised June 24, 2014

Zoolz. DMCA Policy

 

Zoolz LTD. (“Zoolz”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.K. Copyright Office website at http://www.ipo.gov.uk/types/copy.htm, Zoolz will respond expeditiously to claims of copyright infringement committed using the Zoolz service and/or the Zoolz website (the “Site”) if such claims are reported to Zoolz Designated Support email identified in the sample notice below.

 

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Zoolz Designated Copyright Agent. Upon receipt of Notice as described below, Zoolz will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

 

DMCA Notice of Alleged Infringement (“Notice”)

 

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.

Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Zoolz Designated Copyright Agent:

 

Copyright Agent

Zoolz.

support@zoolz.com

PRIVACY STATEMENT

 

Zoolz has created this privacy statement to demonstrate our firm commitment to the privacy of the users of our website and online service. Please read the following to learn more about our privacy policy, and how we treat personally identifiable information collected from our users.

 

What this Privacy Statement Covers

 

• • This privacy statement covers treatment of personally identifiable information collected by Zoolz through a website owned and operated by Zoolz.

 

• • This privacy statement does not apply to the practices of companies that Zoolz does not own or control, or of persons that Zoolz does not employ or manage, including any third-party content contributors bound by contract and any third-party websites to which Zoolz’s websites link.

 

 

Collection and Use of Personal Information

 

• • You can visit the websites of Zoolz without revealing any personal information. However, Zoolz needs certain personal information if you wish to register for a members account, receive a Zoolz newsletter, purchase a product, or use certain Zoolz services.

 

• • Where required, this information may include your company contact information and your personal contact information. Zoolz will use this information to reply to your inquiries, to set up your account, to provide you with requested services, and to contact you regarding new services.

 

 

Information Sharing and Disclosure

 

• • Zoolz will not share any information with anyone else and will remain confidential unless requested explicit permission from users to share information.

 

 

Changes to this Privacy Statement

 

• • Zoolz may at any time, without notice to you and in its sole discretion, amend this statement from time to time. Please review this statement periodically. Your continued use of Zoolz services after any such amendments signifies your acceptance thereof.

 

 

 

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LEGAL NOTICES

 

Notice of Copyright

 

The zoolz.com website, all data contained therein, and all software distributed through said website is ©2010- 2019 Zoolz Corporation.

zoolz.com® is a Registered United States Trademark. The following product names are service marks of Zoolz Software:

Genie Timeline Free

Genie Timeline Home

Genie Timeline Pro

Genie Backup Manager Home

Genie Backup Manager Professional

Genie Backup Manager Server

MS SQL Server Plugin

MS Exchange Plugin

 

Any use, reuse, distribution, redistribution, modification, external linking of

images and/or other data, without express written permission from Zoolz Corporation,

is a violation of US and International Copyright Laws. Violators will be prosecuted

to the fullest extent of these laws

 

Export Control Laws

 

Product, including software and documentation, available on the Zoolz’s website is subject to export controls administered by the United States and other countries. Diversion contrary to U.S. law is prohibited. Export, re-export or import of certain product may require action on your behalf prior to purchase and it is your responsibility to comply with all applicable international, national, state, regional and local laws, and regulations, including any applicable import and use restrictions. Zoolz products are currently prohibited for export or re-export to Cuba, North Korea, Iran, Iraq, Libya, Syria and Sudan or to any country subject to relevant trade sanctions. In addition, Zoolz’s products are prohibited for export or re-export to any person or entity on the U.S. Department of Commerce Denied Persons, Entities and Unverified Lists, the U.S. Department of State’s Debarred List, or on the U.S. Department of Treasury’s lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers or Specially Designated Terrorists, as the same may be revised from time to time, or for use with chemical or biological weapons, sensitive nuclear end-users, or missiles. By downloading or using product from this site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. The information on export laws provided herein is not necessarily complete. For more information on export laws, please contact the U.S. Department of Commerce, Bureau of Industry and Security (BIS). More information on BIS can be found at: http://www.bis.doc.gov.

 

END USER LICENSE AGREEMENT

 

PLEASE READ THIS DOCUMENT (THIS “AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE PROVIDED ALONG WITH THIS AGREEMENT (THE “SOFTWARE”). BY CLICKING “I ACCEPT THE TERMS IN THE LICENSE AGREEMENT”, YOU AGREE TO THE TERMS OF THIS AGREEMENT AND TO THE ZOOLZ PRIVACY POLICY, WHICH IS INCORPORATED IN THIS AGREEMENT AND CAN BE FOUND AT ZOOLZ’S WEBSITE (HTTP://WWW.ZOOLZ.COM/ABOUTUS/LEGAL.HTML). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY DELETE AND DESTROY ALL COPIES OF THE SOFTWARE.

 

Versions of the Software

 

There are two versions of  ZOOLZ (registered and evaluation), each of which is subject to this Agreement. UPON ORDERING, DOWNLOADING, INSTALLING OR USING ANY VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU ARE BOUND TO THE TERMS OF THIS AGREEMENT.

 

The registered version requires registration with Zoolz.com Corp., Which includes payment of the then current license fee. The evaluation version is the only version that is provided without charge; however, the evaluation version is not free software. All rights and licenses to the evaluation version automatically expire 30 days after first installation, after which you must register with Zoolz.com Corp. and pay the then current license fee. Payment must be in US dollars drawn on a US bank. For details on registration methods, please refer to the help file in the software, or contact Zoolz.com Corp.

 

License to Use

 

One copy of the evaluation version of ZOOLZ may be used by a single person for evaluation purposes without charge up to 30 days. Subsequent downloads of the evaluation version by or for the same user do not extend, renew, or otherwise restart the term of the license for the evaluation version.

 

One copy of the registered version of ZOOLZ may be used by a single person who uses the software personally. The registered version of ZOOLZ may not be rented, loaned, leased, licensed, or otherwise used, by anyone other than the individual who has registered the software.

 

Site licenses for ZOOLZ may be obtained from Zoolz.com Corp which covers multiple users at one location or multiple users within a business entity.

 

You may make a reasonable number of copies of the registered version of the software for backup and archival purposes. You also agree that you may not reverse assemble, reverse compile, or otherwise translate the Program.

 

No Additional Licenses

 

All rights to the ZOOLZ software and documentation not expressly granted under this Agreement are reserved to Zoolz.com Corp. You may not translate, decompile, disassemble or reverse engineer the ZOOLZ software or documentation.

 

Costs of Litigation

 

If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.

 

Disclaimer of Warranty

 

THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH ZOOLZ MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. IN PARTICULAR, ZOOLZ.COM CORP SHALL HAVE NO LIABILITY FOR ANY DATA STORED OR PROCESSED WITH THIS SOFTWARE, INCLUDING THE COSTS OF RECOVERING SUCH DATA. THE USER MUST ASSUME THE ENTIRE RISK OF USING THIS PROGRAM. ANY LIABILITY OF ZOOLZ.COM CORP. WILL BE LIMITED EXCLUSIVELY TO PRODUCT EPLACEMENT OR REFUND OF PURCHASE PRICE.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Zoolz OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF Zoolz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

 

Zoolz’s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS END USER LICENSE SHALL NOT EXCEED ONE DOLLAR (US $1.00).

 

USE OF THIS PRODUCT FOR ANY PERIOD OF TIME CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND SUBJECTS YOU TO ITS CONTENTS.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THIS LANGUAGE MAY NOT APPLY. IN SUCH CASE, ZOOLZ.COM INC’S LIABILITIES WILL BE LIMITED BY THE ABOVE LIMITATION OF REMEDIES PROVISION.

 

US GOVERNMENT RESTRICTED RIGHTS

 

Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause at 25 2.227-7013.

 

THIRD PARTY SOFTWARE CREDITS

The following is a list of the third party software and images we have included in Zoolz’s products/website. We are thankful to all individuals that have created these.

 

These components require that their credits are to be included on our site:

 

xDelta:

 

http://code.google.com/p/xdelta/

AlphaVSS

 

Copyright (c) 2008-2011 Peter Palotas

 

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

 

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

 

Free Commercial Icons:

Templay.de www.templay.de

TITLE:Crystal Project Icons

AUTHOR:Everaldo Coelho

SITE: http://www.everaldo.com

CONTACT: everaldo@everaldo.com

Copyright (c) 2006-2007 Everaldo Coelho.

 

Copyright (c) 2022 Zoolz, Corp. All rights reserved.