Terms and Conditions

ZoomItIn Service Agreement / Terms of Use

1. ACCEPTANCE OF TERMS

The services that ZoomItIn.com (doing business as and referred herein as "ZoomItIn") provides to User is subject to the following Terms of Use ("TOU"). ZoomItIn reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

This Agreement, which incorporates by reference other provisions applicable to use of ZoomItIn, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in ZoomItIn, sets forth the terms and conditions that apply to use of ZoomItIn by User. By using ZoomItIn (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use ZoomItIn is personal to User and is not transferable to any other person or entity.
ZoomItIn shall have the right at any time to change or discontinue any aspect or feature of ZoomItIn, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. CHANGED TERMS

ZoomItIn shall have the right at any time to change or modify the terms and conditions applicable to User's use of ZoomItIn, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on ZoomItIn, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of ZoomItIn by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

3. DESCRIPTION OF SERVICES

Through its Web property, ZoomItIn provides User with access to a search toolbar for Internet Explorer (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

4. IMPACT OF SERVICES

By installing the Services provided by ZoomItIn user understands and agrees that the following changes may be made to the User Internet Explorer and the following functions may be performed 1) store IP address of User 2) block certain pop-up ads and pages 3) open a new window to display search results each time you search 4) Auto Complete 5) keep a search history in a drop-down list under the search box 6) automatically run a search when you select from the search history 7) run search drag automatically 8) show descriptive text for search 9) show word-find buttons 10) automatically update the Service and install added features conveniently without User interaction.

If at anytime you wish to uninstall the Service, you can remove it from the Add/Remove Programs function of Microsoft Windows. To uninstall the ZoomItIn toolbar, please follow the directions below:

Click on the Start Button at the lower left-hand corner of your computer screen. Select the Settings option. Next select the Control Panel option. Windows XP users will find the Control Panel option directly from the Microsoft Windows Start Menu.
After the Control Panel window opens, double-click on the Add/Remove Programs Icon.
After the Add/Remove Programs window opens, find the listing for "ZoomItIn Toolbar" in the list of Programs.
Click on the "ZoomItIn Toolbar" listing in the list. Next choose the option to Change/Remove the program.
Follow the rest of the directions to finish the uninstall of the ZoomItIn Toolbar.

5. USER CONDUCT

ZoomItIn contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of ZoomItIn are copyrighted as a collective work under the United States copyright laws. ZoomItIn owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ZoomItIn and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
User shall not upload, post or otherwise make available on ZoomItIn any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of ZoomItIn, User automatically grants, or warrants that the owner of such material has expressly granted ZoomItIn the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants ZoomItIn the right to edit, copy, publish and distribute any material made available on ZoomItIn by User.

6. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from the Services ("Software") is the copyrighted work of ZoomItIn and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, ZoomItIn hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

For your convenience, ZoomItIn may make available as part of the services or in its software products, tools and utilities for use and/or download. ZoomItIn does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services.

7. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE

In no event shall ZoomItIn and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

User expressly agrees that use of ZoomItIn is at user's sole risk. Neither ZoomItIn, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that ZoomItIn will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of ZoomItIn, or as to the accuracy, reliability or content of any information, service, or merchandise provided through ZoomItIn.
ZoomItIn is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that ZoomItIn is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
In no event will ZoomItIn, or any person or entity involved in creating, producing or distributing ZoomItIn or the ZoomItIn software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use ZoomItIn. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
In addition to the terms set forth above neither, ZoomItIn, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within ZoomItIn, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

9. LINKS TO THIRD-PARTY SITES

Various links will allow you to leave the ZoomItIn website. The linked sites are not under the control of ZoomItIn, and ZoomItIn is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ZoomItIn is not responsible for webcasting or any other form of transmission received from any linked site. ZoomItIn is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ZoomItIn of the site.

ZoomItIn is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, ZoomItIn has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of ZoomItIn, are those of the respective author(s) or distributor(s) and not of ZoomItIn. Neither ZoomItIn nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through ZoomItIn represents the opinions and judgments of the respective information provider, User, or other user not under contract with ZoomItIn. ZoomItIn neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on ZoomItIn by anyone other than authorized ZoomItIn employee spokespersons while acting in their official capacities. Under no circumstances will ZoomItIn be liable for any loss or damage caused by a User's reliance on information obtained through ZoomItIn. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ZoomItIn. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

10. UNSOLICITED IDEA SUBMISSION POLICY

ZoomItIn or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when ZoomItIn's products or marketing strategies might seem similar to ideas submitted to ZoomItIn. So, please do not send your unsolicited ideas to ZoomItIn or anyone at ZoomItIn. If, despite our request that you not send us your ideas and materials, you still send them, please understand that ZoomItIn makes no assurances that your ideas and materials will be treated as confidential or proprietary.

11. INDEMNIFICATION

User agrees to defend, indemnify and hold harmless ZoomItIn, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of ZoomItIn by User or User's Account.

12. TERMINATION

Either ZoomItIn or User may terminate this Agreement at any time. Without limiting the foregoing, ZoomItIn shall have the right to immediately terminate User's Account in the event of any conduct by User which ZoomItIn, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

13. MISCELLANEOUS

This Agreement and any operating rules for ZoomItIn established by ZoomItIn constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

14. COPYRIGHT NOTICE

Any rights not expressly granted herein are reserved.