Terms of Service
Welcome to the ZARK!
These Terms govern your use of Zocial and the Network, features, apps, services, technologies, and software we offer (hereby referred to as the Zocial Network or Network), except where we expressly state that separate terms apply.
1. Our Services
Our mission is to educate, empower and connect humanity towards a collective cause. To help advance this mission, we provide the Network and services described below to you:
- Provide a personalized experience for you: Your experience on the Zocial Network is unlike anyone else's: from the posts, stories, events, ads, and other content you see to the platforms you follow and other features you might use. We use the data we have - for example, about the connections you make, the choices and settings you select, and what you purchase to craft your experience.
- Connect you with people and organizations you care about: We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the Zocial Network. We use the data we have to make suggestions for you and others - for example, groups to join, events to attend, Pages to follow or send a message to, shows to watch, and people you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about.
- Empower you to express yourself and communicate about what matters to you: There are many ways to express yourself on Zocial and to communicate with friends, family, and others about what matters to you - for example, sharing status updates, photos, videos, and stories across the Zocial Network you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile.
- Help you discover content, Network, and services that may interest you: We show you ads, offers, and other sponsored content to help you discover content, Network, and services that are offered by the many businesses and organizations that use the Zocial Network. Our partners pay us to show their content to you, and we design our services so that the sponsored content you see is as relevant and useful to you as everything else you see.
- Combat harmful conduct and protect and support our community: People will only build the community on Zocial if they feel safe. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement. We share data throughout the Zocial Network when we detect misuse or harmful conduct by someone using one of our Network.
- Use and develop advanced technologies to provide safe and functional services for everyone: We use and develop advanced technologies - such as artificial intelligence, machine learning systems, and augmented reality - so that people can use our Network safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on Zocial. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Network.
- Research ways to make our services better: We engage in research and collaborate with others to improve our Network. One way we do this is by analyzing the data we have and understanding how people use our Network.
- Enable global access to our services: To operate our global service, we need to store and distribute content and data in data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Zoptiks Inc. , Zoptik LLC, Amazon Web Services, Google Cloud Services and DigitalOcean.
- Use the same name that you use in everyday life.
- Provide accurate information about yourself.
- Create only one account (your own).
- Not share your password, give access to your Zocial Network account to others, or transfer your account to anyone else (without our permission).
- You are under 13 years old.
- You are a convicted sex offender.
- We previously disabled your account for violations of our terms or policies.
- You are prohibited from receiving our Network, services, or software under applicable laws.
- That violates these Terms, our Community Standards, and other terms and policies that apply to your use of Zocial.
- That is unlawful, misleading, discriminatory or fraudulent.
- That infringes or violates someone else's rights.
- Permission to use your name, profile picture, and information about your actions with ads and sponsored content:You give us permission to use your name and profile picture and information about actions you have taken on Zocial next to or in connection with ads, offers, and other sponsored content that we display across our Network, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a post created by a brand that has paid us to display its ads on Zocial. Ads like this can be seen only by people who have your permission to see the actions you've taken on Zocial. You can learn more about your ad settings and preferences.
- Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.
2. Our Data Policy and Your Privacy Choices
To provide these services, we must collect and use your personal data. We detail our practices in the Data Policy, which you must agree to in order to use our Network.
We also encourage you to review the privacy choices you have in your settings.
3. Your Commitments to Zocial and Our Community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
- What you can share and do on the Zocial Network We want people to use the Zocial Network to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- You may not use the Zocail Network to do or share anything:
- You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Network.
- You may not access or collect data from the Zocial Network using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove content you share in violation of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people's intellectual property rights.
To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
- The permissions you give us We need certain permissions from you to provide our services:
- Permission to use content you create and share: You own the content you create and share on Zocial and other Zocial Network subsidiaries you use, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content.
Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Network, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Zocial, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Zocial Network services you use.
You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.
If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf. (This language is included pursuant to a court-approved legal settlement.)
- Limits on using our intellectual property If you use content covered by intellectual property rights that we have and make available in our Network (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Zocial), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
4. Additional provisions
- Updating our Terms We work constantly to improve our services and develop new features to make our Network better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Network.
We hope that you will continue using our Network, but if you do not agree to our updated Terms and no longer want to be a part of the Zocial community, you can delete your account at any time.
- Account suspension or termination We want Zocial to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have violated our terms or policies, we may take action against your account to protect our community and services, including by suspending access to your account or disabling it. We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it. You can learn more about what you can do if your account has been disabled.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5
- Limits on liability We work hard to provide the best Network we can and to specify clear guidelines for everyone who uses them. Our Network, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Network. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Zocial Network, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Zocial Network will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
- Disputes We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Zocial Network ("claim"), you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County or a state Court in Delaware County of the State of Ohio. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.
- These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Zocial, Inc. regarding your use of our Network. They supersede any prior agreements.
- Part of the Zocial Network we offer are also governed by supplemental terms. If you use any of those Network, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Network for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or listing for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
- If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
- These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
- We always appreciate your feedback and other suggestions about our Network and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
- We reserve all rights not expressly granted to you.
5. Other terms and policies
- Community Standards: These guidelines outline our standards regarding the content you post to Zocial and your activity on Zocial and other Zocial Network.
- Commercial Terms: These terms apply if you also access or use our Network for any commercial or business purpose, including advertising, operating an app on our Platform, using our measurement services, managing a group or a Page for a business, or selling goods or services.
- Advertising Policies: These policies specify what types of ad content are allowed by partners who advertise across the Zocial Network.
- Self-Serve Ad Terms: These terms apply when you use self-serve advertising interfaces to create, submit, or deliver advertising or other commercial or sponsored activity or content.
- Listing,Pages, Groups and Events Policy: These guidelines apply if you create or administer a Zocial Page, group, or event, or if you use Zocial to communicate or administer a promotion.
- Zocial Platform Policy: These guidelines outline the policies that apply to your use of our Platform (for example, for developers or operators of a Platform application or website or if you use social plugins).
- Community Payment Terms: These terms apply to payments made on or through Zocial.
- Commerce Policies: These guidelines outline the policies that apply when you offer Network and services for sale on Zocial.
- Zocial Brand Resources: These guidelines outline the policies that apply to use of Zocial trademarks, logos, and screenshots.
- Music Guidelines: These guidelines outline the policies that apply if you post or share content containing music on Zocial.
Date of Last Revision: March 20th, 2019