Website Terms & Conditions
These Terms and Conditions are effective as of October 6, 2016.
USE PROHIBITED BY USERS UNDER 18
THIS SITE IS INTENDED ONLY FOR USERS THAT ARE AT LEAST 18 YEARS OLD AND BY ACCESSING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD.
USE OF SITE RESTRICTED TO UNITED STATES RESIDENTS ONLY
NOTE THAT ANY CONTENT ON THIS SITE AND/OR ANY ZOOMESSENCE PRODUCTS (WHETHER FEATURED ON THE SITE OR OTHERWISE) ARE INTENDED TO IMPART GENERAL HEALTH AND WELLNESS INFORMATION AND/OR EDUCATION AND ARE NOT INTENDED, AND SHOULD NOT BE CONSIDERED, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT OR A REASON TO DELAY SEEKING SUCH ADVICE OR TREATMENT. NEITHER ZOOMESSENCE NOR ITS PERSONNEL ARE LICENSED BY ANY GOVERNMENTAL AUTHORITY AND DO NOT OFFER TO, OR ENGAGE IN, THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED HEALTH CARE PROFESSION. ZOOMESSENCE DOES NOT DIAGNOSE, TREAT, OPERATE OR PRESCRIBE FOR ANY HUMAN DISEASE, PAIN, INJURY, DEFORMITY OR PHYSICAL OR MENTAL CONDITION AND DOES NOT OFFER OR UNDERTAKE BY ANY MEANS OR METHODS TO DIAGNOSE, TREAT, PREVENT, OPERATE OR PRESCRIBE FOR ANY HUMAN DISEASE, PAIN, INJURY DEFORMITY OR PHYSICAL OR MENTAL CONDITION. SHOULD YOU WISH TO HAVE ANY SUCH SERVICES, PLEASE CONTACT AN APPROPRIATE LICENSED PROFESSIONAL. NOTHING ON THIS SITE IS INTENDED TO RECOMMEND OR ENDORSE ANY PARTICULAR MEDICAL PRODUCTS, PROFESSIONALS, OR COURSE OF TREATMENT. ANY STATEMENTS MADE ON THIS SITE HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY OTHER GOVERNMENTAL AUTHORITY UNLESS OTHERWISE SPECIFICALLY NOTED.
Use of the Site
You agree that you shall use the Site in compliance with all applicable laws, rules and regulations and in a manner that does not, in our sole judgement, negatively reflect on the goodwill or reputation of us. When using the Site you shall not i) impair, disable or otherwise adversely affect the Site or the functionality or operation of the Site, including without limitation, disabling code, files or programs and ii) use any spiders, automated programs, scripts, robots or any similar devices that either obtain information from the Site or affect the Site.
COPYRIGHT & TRADEMARKS
Ownership of Site Content
© 2018 ZoomEssence, Inc. ALL RIGHTS RESERVED. Text, images, graphics and HTML code are protected by U.S. and international copyright laws.
ZoomEssence® Zooming® CoolZoom™ CoolCraft™ Powder Up™ are registered trademarks with the USPTO.
ZOOMESSENCE, and all trademarks, service marks, logos, trade dress and trade names (collectively the "Marks"), including but not limited to those Marks displayed or used on the Site, whether or not in large print or with the trademark symbol, are registered or common law trademarks of ZoomEssence, and are protected under federal and international trademark laws. Nothing contained on the Site or in these Terms and Conditions grants you any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written permission of ZoomEssence or that of the respective owner(s). ZoomEssence reserves the right to protect its Marks to the fullest extent of the law if prior written permission is not obtained. Nothing contained in the Site or these Terms and Conditions grants any right to use any of the Marks without our prior written permission or that of the respective owner(s).
Moreover, our Marks may not be used in connection with any product or service in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. All other trademarks, service marks, logos, trade dress and trade names not owned by us that appear on this Site are the property of their respective owner(s), who may or may not be affiliated with, connected to, or sponsored by us. All information, content, and data (including, without limitation, Marks, designs, photographs, videos, text, graphics and pictures, and their format, arrangement and selection) (the "Site Content") on the Site is owned by ZoomEssence and its third party providers, with all rights reserved. ZoomEssence and its third party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into an agreement with ZoomEssence or obtaining ZoomEssence's express written permission. Any use of any Site Content or the materials on the Site may violate copyright, trademark and other laws. You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation or any database.
Licenses & Permissions
Notwithstanding the foregoing Section, we grant you a limited license and permission to access and make personal use of the Site but not to download any portion of it for any commercial purpose or to modify any portion of the Site. Except as explicitly provided in these Terms and Conditions, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the Site for any commercial purpose. You may display and occasionally print a single copy of pages of the Site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Site without our prior written or e-mailed consent, which may be withheld in our sole discretion.
SUBMISSIONS TO ZOOMESSENCE
You represent and warrant that you own or otherwise control all of the rights in and to any and all opinions, comments, ideas, questions, reviews and feedback (collectively, "Submissions") that you transmit to us through the Site, by phone or otherwise, and that the public posting and other public or private use of such Submissions will not infringe the rights of any third party.
You acknowledge and agree that all Submissions that you own will be assigned to and will be solely owned by ZoomEssence, and to the extent not owned by you, you grant ZoomEssence a royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any form, manner, means, media or technology of any kind. You also grant ZoomEssence the right to use your name in connection with the reproduction or distribution of any Submissions.
You acknowledge and agree that ZoomEssence is free to use, without compensation of any kind, any and all Submissions in any manner and for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services incorporating or based on such Submissions. You also acknowledge and agree that you are not entitled now, or in the future, to any compensation for any Submissions, and you waive the benefits of any provisions of law known as "droit moral" (moral rights) or any similar laws.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITE AND THE SITE CONTENT ARE PROVIDED "as is" and you expressly agree that use of our site and the site content is at your sole risk.
ZOOMESSENCE makes no representations or warranties as to the accuracy, completeness or timeliness of the SITE and the site CONTENT or the results to be obtained from using the site and the site content. ZOOMESSENCE AND its officers, DIRECTORS, EmPloyees AND affiliates shall Have no liability with respect to any user's use of the SITE and the Site CONTENT or any inaccuracies, errors or omissions in the SITE or the site content. ZOOMESSENCE DOES NOT GUARANTEE OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED, WITHOUT DELAY, ERROR-FREE, OMISSION-FREE, OR FREE OF VIRUSES. TO THE FULLEST EXTENT ALLOWED BY LAW, ZOOMESSENCE AND its officers, DIRECTORS, Employees AND affiliates HEREBY DISCLAIM ALL WARRANTIES with respect to the site and the site content, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
In no event shall ZOOMESSENCE OR ANY OF its officers, DIRECTORS, EmPloyees AND/OR affiliates be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages whatsoever (including but not limited to, liability for loss of profits, DAta, Content, reputation OR GOODWILL), without regard to the form of any action, including but not limited to, contract, negligence or other tortious actions, arising out of or in connection with the site or the site content. IN THE EVENT THAT ZOOMESSENCE AND/OR ANY OF its officers, DIRECTORS, EmPloyees, AND affiliates are DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO the site or the site content, IN NO EVENT SHALL ZOOMESSENCE's (AND its officers', DIRECTORS', EmPloyees' AND affiliates') AGGREGATE LIABILITY TO ANY USER EXCEED TEn DollarS ($10.00).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF WARRANTIES; SO IF AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER SHALL NOT APPLY TO YOU.
Any and all links to other web sites contained in the Site are provided for the convenience of those who wish to access other web sites quickly and efficiently. ZoomEssence is not responsible for and does not endorse or make any representations whatsoever regarding the materials provided on any other web sites or providers of any information contained on any such web sites. You acknowledge and agree that your use of any web site accessed from the Site, or the reliance on any information or services contained therein, is solely at your own risk. You should review the Terms and Conditions and Privacy Policies of those web sites.
Links to the Site
Creating or maintaining any link from another site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.
As a condition of use of the Site and Site Content, you agree to indemnify and hold harmless ZoomEssence and its officers, directors, employees and affiliates against any and all liabilities, expenses (including attorneys' fees and costs) and damages arising out of any and all direct or indirect claims resulting from or relating to your use of this Site and/or the Site Content, the services offered and provided by ZoomEssence on the Site, and any breach by you of these Terms and Conditions, or the representations and warranties made by you herein.
GOVERNING LAW; JURISDICTION; WAIVER OF JURY TRIAL
Changes to our Terms & Conditions
We may update our Terms and Conditions from time to time. If we make any changes, we will post the new Terms and Conditions to our Site after we make the change. The date the Terms and Conditions was last revised is identified at the top of the page. You are responsible for visiting the Terms and Conditions to check for any changes each time you access or use the Site.