Member Agreement, Zonzon

This Members Agreement; Zonzon’s Privacy Policy; and all other rules, policies, and procedures which are published from time to time on our Site, are each incorporated by reference herein, and collectively form the “Agreement” between you, the member of our service (“member”) and Zonzon. This Agreement, as such, sets forth all of the terms and conditions which apply to your access and use of the provisions, services, features, applications, tools, functionality and content on the Zonzon platform (which comprises the “Service” and as such, is referred to hereinafter as “the Service”), including Zonzon.co and our mobile applications, operated by Zonzon (hereinafter referred to as “us”, “we”, or “our”). As a member of this service, you agree to these terms of use. However, if at any time you, the member, do not agree to the terms of this Agreement, you must immediately stop using the Service. Your continued use of Zonzon’s Service constitutes your acceptance of these terms, as well as an automatic agreement on your part to all of these terms.

 

Zonzon allows members to form and engage in trusted connections and communications within their private communities (Apartments, Condos, HOAs) and for the exchange of helpful information, goods, and services by owners, renters, vendors, board members and management. Our site, services, and app serve as tools intended to build respectful, welcoming, and positive groups, meetups, events and communities. Zonzon aims to create a positive online space where neighbors within their buildings can safely meet and get to know their neighbors and have open, transparent communication.

 

This Member Agreement does not apply to the practices of the third-party advertising systems, exchanges, networks or websites that Zonzon has a relationship with or with whom we may have a relationship in the future, or to other companies or individuals that Zonzon does not own, employ, manage or control. We use “Zonzon” here to refer to the Zonzon websites and our iOS and Android apps (also referred to as our “Services”). We also use “Zonzon”, “we”, “us” and “our” to refer to the companies operating our Services.

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide appropriate notice prior to any new material terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service constitutes your acceptance of any and all amended terms. If you do not agree to any revisions to this Agreement, you must immediately stop using the Service.

 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, members and others who wish to access or use the Service.

 

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then our permission to allow you to access the Service is revoked and you must immediately stop using the Service. In summary, members own their content and are responsible for what they publish on our platforms. We trust that our members will not submit illegal, harmful, threatening, vulgar, or obscene content. Zonzon reserves the right to remove any content that is not conducive to a healthy community. Zonzon assumes no liability for content that you or other members submit to the site or on the app. Zonzon does not endorse, insure, warrant, guarantee, or assume responsibility for any content entered into the site or the app or any transaction between members of our site, services, or app.

 

ARBITRATION NOTICE. Except for certain kinds of disputes described in in the Dispute Resolution and Arbitration Section, you agree that disputes arising under this Member Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THIS MEMBER AGREEMENT, YOU AND Zonzon ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

Description of Service

 

The “Service” is a communication, information sharing, events and vendor network, community social network service tailored for micro communities (Apartments, Condos, HOAs).

 

Accounts

 

You must be at least 18 years old to use this Service. Use of the Service by any member shall be deemed to be a representation that the member is 18 years of age or older and is not currently restricted from the Service, or not otherwise prohibited from having a Zonzon account. You also represent and warrant that you have full power and authority to agree to this Member Agreement and doing so will not violate any other agreement to which you are a party.

 

When you register for the Service, you will be required to provide your email address, password, and community code/name, which collectively form your “Registration Information.” Together, your password and email address allow you to access the Service. Please refer to our Privacy Policy for information about how we protect your personal information. You understand and agree that you are solely responsible and liable for all activity that occurs on your account, and shall be responsible for maintaining the confidentiality of your password. You are also responsible for keeping your Registration Information up to date and accurate. A failure on the member’s part to comply with these guidelines, may affect the accuracy and effectiveness of the Service. If you become aware of any unauthorized use of your Registration Information, you agree to notify Zonzon immediately at the email address support@zonzon.com.

 

You may not use as a member name the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a member name any name that is offensive, vulgar or obscene.

 

Additionally, in order to use the Services, you must not: (a) have previously been suspended or removed from using the Zonzon Site, Application, or Service and (b) be violating any other

agreement to which you are a party by agreeing to these Terms.

 

By joining a Zonzon Community within the Application, including, without limitation, an Apartment, Condo or HOA Community you represent and warrant that you are a member of that Community at the time that you join it or have been a member of that community within the last 12 months, and that should you ever cease to be a member of that Community, you will immediately update your Zonzon account information to remove yourself from such Community or delete your Zonzon account.

 

For the avoidance of doubt, if you join a Zonzon Community, you represent and warrant that you maintain your permanent residence in that Community or did so within the last 12 months, and that at any such time as you may cease to maintain your permanent residence in such Community or after 12 months of leaving such Community, you will immediately remove yourself from that Community. You understand, acknowledge, and agree that violating this section, in whole or in part, is a material breach of this Agreement and, because Zonzon is a trust-based community, would subject Zonzon to irreparable harm. Accordingly, you agree that in such event, among other relief, Zonzon is entitled to injunctive relief to enjoin you from accessing, whether directly or indirectly, any Zonzon Community or Content contained therein. You hereby waive all rights to object to the same or to use any such improperly accessed content in any action, proceeding, or similar.

 

We reserve the right to reclaim Zonzon account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those usernames.

 

You acknowledge, understand, and agree that if Zonzon brings an action to enforce its rights under this agreement against you or any other person or entity upon whose behalf you have

acted, Zonzon is entitled to recover its reasonable attorneys’ fees and costs from you for any such action.

 

Zonzon reserves the right to remove any member from any Community at any time or to transfer a member to a different Community(s) at any time, without notice. Zonzon reserves the right, but does not undertake a duty, to respond to member reports and to take any action thereupon that Zonzon deems necessary or appropriate. By way of example but not limitation, Zonzon may

suspend or terminate your license to access the Site, Application, or Services in response to a report including, inter alia, a report that you are no longer a member of a Community or have passed 12 months of having left the Community that you maintain access to, one or more member flags on Content that you have transmitted in a Zonzon Community, a report that your account information is or was at any time inaccurate, fraudulent, fake, impersonating, misleading, infringing, or misrepresentative, or that you have otherwise violated this Agreement or any Zonzon policy.

 

Communications

 

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 

Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

 

 These Terms shall be governed and construed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between the member and Zonzon regarding our Service, and supersede and replace

any prior agreements which may have existed between you, the member, and Zonzon, the service provider.

 

 

Indemnification

 

You agree to defend, indemnify and hold harmless Zonzon and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), caused by, resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, regardless of whether or not member had knowledge of such use; b) a breach of these Terms by the member or someone using members

account and password regardless of whether or not member had knowledge of such use, or c) Content posted on the Service by the member or someone using members account and password, regardless of whether or not member had knowledge of such use.

 

Third Party Disclaimer

 

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or member, including you. By accessing the Site, Application, Services, or any Content contained, generated, or stored thereon, whether directly or indirectly, you expressly agree that you waive all rights to any pre-action disclosure regarding any Zonzon member.

Disputes between members

 

If you have a dispute with another member, we hope that you will be able to work it out amicably. If you are unable to do so, please understand that we are not responsible for the acts or omissions of our members. Accordingly, to the maximum extent permissible under applicable law, you release us (including, without limitation, our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands, damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, whether threatened or actual.

 

If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or

suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”

 

Member Transactions

 

In the event that you use the Site or Service for any transactional features (such as posting items for sale or free for other users), you are responsible for your own decisions and actions. In

addition, such use does not make us an employer, placement agency, representative, or agent of or for you or any other member. We are not a party to any transactions or disputes between Zonzon members. If you write a recommendation or other comment about a transaction with another or their business (for example, a recommendation of a tutor), you agree to be truthful, fair, and neighborly in your comments and to not post any of their personal information (e.g., address, mobile number, or photos) without their permission.

 

Intellectual Property

The Service and its original content (excluding Content provided by members), features and functionality are and will remain the exclusive property of Zonzon and its licensors and licensees. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trademark may not be used in connection with any product or service without the prior written consent of Zonzon.

Confidentiality

No right to confidentiality of any kind is contemplated for you under these Terms unless explicitly stated or otherwise agreed upon implicitly as expressly mandated by law or legal duty.

 

Limitation of Liability

 

In no event shall Zonzon and/or Zonzon’s directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation: loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Assumption of Risk

 

By accessing our Site or Service and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent acts or omissions you take as a result of, or otherwise in connection with, the influence, information, or materials provided to you.

 

Links To Other Web Sites

 

Our Service may contain links to third party web sites or services that are not owned or controlled by Zonzon. Zonzon has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit and/or utilize.

 

You acknowledge and agree Zonzon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with your use of or reliance on any such content, goods, or services available on or through any such third party websites or services.

 

Online and Mobile Alerts

 

Zonzon may from time to time provide you with automatic and voluntary alerts. Automatic alerts may be sent to you following certain changes made online to your account, such as a change in your Registration Information. Voluntary account alerts may be turned on, off or customized by you. These alerts allow you to choose the types of notifications you would like to receive in your email address. Zonzon may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion. Electronic alerts will be sent to the email address you have provided in your Registration Information. You are responsible for updating your Registration Information if your email address, or any other information, should change.

 

Rights You Grant to Us

 

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

 

By submitting, transmitting, distributing, uploading or posting information, documents, data, text, images, graphics, passwords, membernames, other login information, materials and other content (collectively, “Content”) through the Service, you are licensing and providing all legal rights to and for all of this Content to Zonzon for the purpose of providing the Service. You agree and acknowledge that Zonzon may use and store the Content, and provide access to the Content to its employees, agents and contractors in connection with providing the Service. All Content, whether posted or privately transmitted, is the sole responsibility of the person who originated such Content, and Zonzon provides no guarantees as to the authenticity and accuracy of the Content. You acknowledge and agree that any and all Content which you access through the Service is obtained and used at your own risk and responsibility. You are solely responsible and liable for any damage or loss to you or any other person or entity resulting from your access and use of any and all Content. We do not proactively moderate Content posted by members; however, we can remove Content posted by you, suspend, delete or deactivate your account or limit privileges, or otherwise refuse service to you, if you violate this Agreement or our other policies, or infringe intellectual property, or otherwise engage in behavior that we think harms a Zonzon neighborhood.

 

Zonzon will not share your personal or confidential information with any third party, without your prior consent. Please refer to the Privacy Policy.

 

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of any member found to be infringing on a copyright or other right of a third party or entity.

 

Zonzon retains the right but not the obligation to monitor and edit all Content provided by all members. Zonzon’s service and use of this right is at its sole discretion.

 

Affiliates

 

This Site, Application, or Services may use affiliate links to sell, market, or share certain products or services. We disclaim all liability as a result of your purchase through one of these links. You accept express liability for any and all consequences or benefits of clicking any affiliate link contained on the Site, Application, Services or related communications.

 

Transfer and processing data

 

In order for us to provide the Site, Application, and Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

 

Termination

 

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of any or all of the Terms.

 

If you wish to terminate your account, you may simply discontinue using the Service.

 

All provisions of the Terms which by their nature should survive termination and not expire shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

 

Report Abuse

We rely on you, Zonzon members, to report content that violates Zonzon’s Community Guidelines so that it can be reviewed and, in some cases, removed from Zonzon. See the reasons you might report content when you report a post. Please remember that excessive or retaliatory reporting is itself unneighborly and a violation of our Guidelines.

How to report abusive activity

Locate the post or reply you want to report in the timeline. Click to the top right of the author’s name on the post.

Select “Report Abuse”.

Fill in the requested information. Click Submit.

 

In addition to reporting posts, you can also:

Block a resident you don’t want to hear from.

Turn off notifications for posts you don’t want to get notifications about.

 

What happens after you report content as abusive:

That content will be removed from your timeline and a record of the report is kept in the system for review.

Zonzon believes in freedom of speech and relies on individual residents to decide for themselves which individuals they block or which posts/comments they deem to be offensive and report as abusive. In addition, Zonzon maintains the right to remove items it deems as violating its Community Guidelines.

Zonzon promotes content and activities that are family friendly and legal. The following content is strictly prohibited and will be removed, this includes but not limited to:

 

• Illegal goods and regulated services and products
• Profanity
• Violations of privacy
• Spam or Fraud
• Pornographic pictures or videos
• Threats to the safety of others. A resident in a community will have the ability to report either a post or a comment to a post as abusive.

 

Blocking a member

Residents have the ability to block another resident and also unblock a resident. When a resident blocks a member, they will not see or receive any posts or content from the blocked member and a record of the report is kept in the system for review. All content from the blocked members will be removed from the timeline of both the one initiating the block and the one being blocked.Board members will be able to see all content and will not have the ability to block or remove any members from the platform. Residents will also not be able to block board members.

 

Disclaimer

 

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS

AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Zonzon its subsidiaries,

affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements and expectations.

 

Contact Us

 

If you have any questions about these Terms, please contact us at info@zonzon.com