Terms & Conditions
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB.
THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND ZOOMPROSPECTOR.COM AND GOVERN YOUR ACCESS TO, AND USE OF,
THE ZOOMPROSPECTOR.COM WEBSITE LOCATED AT WWW.ZOOMPROSPECTOR.COM TOGETHER WITH THE SERVICES AVAILABLE
THROUGH THIS SITE (THE SITE ). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE
USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR
AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. ZOOMPROSPECTOR.COM MAY MAKE CHANGES TO THE CONTENT
AND SERVICES OFFERED ON THIS SITE AT ANY TIME. ZOOMPROSPECTOR.COM CAN CHANGE THESE TERMS AT ANY TIME BY
MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE,
YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.
General Use Restrictions
ZOOMPROSPECTOR.COM provides content and services through this Site. Certain information, documents,
products and services provided on and through this Site, including content, logos, graphics and images
(together, the Materials ) that are not Submissions (as defined below) are provided to you by
ZOOMPROSPECTOR.COM and are the copyrighted and/or trademarked work of ZOOMPROSPECTOR.COM or
ZOOMPROSPECTOR.COM s contributors.
ZOOMPROSPECTOR.COM grants you a limited, personal, non-exclusive and non-transferable license to use and
to display and to make one copy of the Materials and to use the services, this Site solely for your
personal use. Except for the license set forth in the preceding sentence above, you acknowledge and
agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse
engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license
terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of
this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as
stated herein, you acknowledge that you have no right, title or interest in or to this Site, any
Password Restricted Areas of this Site.
You may need a password to login to this Site and to use certain functions and areas within this Site. You
are responsible for maintaining the confidentiality of your password and account, and agree to notify
ZOOMPROSPECTOR.COM if your password is lost, stolen, or disclosed to an unauthorized third party, or
otherwise may have been compromised. You are responsible for all activities that occur under your account.
You agree to immediately notify ZOOMPROSPECTOR.COM of any unauthorized use of your account or any other
breach of security in relation to this Site known to you.
If you have signed up for a subscription to enable you to add community resumes to this Site, you agree
to pay all fees or charges to your subscription account based on ZOOMPROSPECTOR.COM s fees, charges,
and billing terms in effect as shown on the payment page. You are responsible for paying any taxes that
may apply. If you do not pay on time or if ZOOMPROSPECTOR.COM cannot charge your credit card, PayPal or
other payment method for any reason, ZOOMPROSPECTOR.COM reserves the right to either suspend or
terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that
ZOOMPROSPECTOR.COM is permitted to bill you for the applicable fees, any applicable tax and any other
charges you may incur in connection with your subscription on this Site and the fees will be billed to
your credit card, PayPal or other payment method designated on your initial registration with this Site,
and thereafter at regular monthly intervals for the remainder of the term of these Terms. You may cancel
your subscription after one (1) year by contacting us via email at firstname.lastname@example.org or via phone
at 1-415-294-4782. If you cancel your subscription earlier than one (1) year, you will remain
responsible to pay for the applicable monthly fees for the remainder of the initial one (1) year period.
At any time when you cancel your account, you will not receive any refund of fees you have paid to date.
If you have a balance due on any account, you agree that ZOOMPROSPECTOR.COM may charge such unpaid fees
to your credit card or otherwise bill you for such unpaid fees.
Third Party Content
Certain information and other content that are not Submissions may be provided by third party licensors
and suppliers to ZOOMPROSPECTOR.COM ( Third Party Content ). The Third Party Content is, in each case,
the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third
Party Content on your personal computer solely for your personal use. You acknowledge and agree that you
have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph),
edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the
owner of the Third Party Content. ZOOMPROSPECTOR.COM DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY
WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites.
This Site may be linked to other sites that are not ZOOMPROSPECTOR.COM sites. ZOOMPROSPECTOR.COM is
providing these links to you only as a convenience, and ZOOMPROSPECTOR.COM is not responsible for such
linked sites, including, without limitation, the content or links displayed on such sites.
You acknowledge that you are responsible for the property postings, community resumes (if applicable),
information, photos, financial and contact information, graphics, sounds, your friends email addresses
that you submit to recommend them to this Site, and other content or material that you submit, upload,
post or otherwise make available on or through the Site (each a Submission ) through the services
available in connection with this Site, and that you, and not ZOOMPROSPECTOR.COM, have full
responsibility for each such Submission you make, including its legality, reliability, appropriateness,
and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the
Site is provided on a non-proprietary and non-confidential basis. You agree that ZOOMPROSPECTOR.COM is
free to use a Submission for the purpose of providing you with the associated services and you grant
ZOOMPROSPECTOR.COM a sublicensable, nonexclusive, worldwide, royalty-free license to (in any media,
whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly
display, reproduce, distribute, modify and prepare derivative works of the Submission. Additionally,
ZOOMPROSPECTOR.COM agrees to use all of your Submissions in accordance with ZOOMPROSPECTOR.COM s
OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO ZOOMPROSPECTOR.COM,
SUCH AS YOUR SUBMISSIONS. You further agree that you will not upload, post or otherwise make available
on this Site any material protected by copyright, trademark, or any other proprietary right without the
express permission of the owner of such copyright, trademark or other proprietary right owned by a third
party, and the burden of determining whether any material is protected by any such right is on you. You
shall be solely liable for any damage resulting from any infringement of copyrights, trademarks,
proprietary rights, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or
otherwise have the right to grant the licenses to ZOOMPROSPECTOR.COM set forth in this section and have
received all necessary rights and authorizations, including, but not limited to, the owner of a property
listed, any necessary representing agents or brokers, the author of the listing, such as the
photographer and/or copyright owner of any photos, as applicable, to publish and advertise the listing
and allow it to be accessed, downloaded and/or copied by users of the Site, (ii) the posting of your
Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark
rights, copyrights, contract rights or any other rights of any person or entity, and (iii) the
Submission is accurate and its accuracy will be maintained by you. You agree to pay for all royalties,
fees, damages and any other monies owing any person by reason of any Submissions posted by you to or
through this Site.
When submitting Submissions to or otherwise using this Site and/or the services, you agree not to,
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Post a Submission of the same property more than once.
- Use robots, spiders or other automatic means to harvest user data.
- Use any of the Materials, Submissions or Third Party Content in a manner that is competitive to the Site.
This list of prohibitions provides examples and is not complete or exclusive. ZOOMPROSPECTOR.COM reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that ZOOMPROSPECTOR.COM determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. ZOOMPROSPECTOR.COM may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ZOOMPROSPECTOR.COM s discretion, ZOOMPROSPECTOR.COM will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require ZOOMPROSPECTOR.COM to monitor, police or remove any Submissions or other information submitted by you or any other user.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may
violate certain laws and regulations. You agree to indemnify and hold ZOOMPROSPECTOR.COM and its
officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and
against any and all costs, damages, liabilities, and expenses (including attorneys fees and costs of
defense) ZOOMPROSPECTOR.COM or any other indemnified party suffers in relation to, arising from, or for
the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of
this Site by any person using your user name and/or password (including without limitation, your
participation in the posting areas or, your Submissions) violates any applicable law or regulation, or
the copyrights, trademark rights or other rights of any third party.
ZOOMPROSPECTOR.COM is a trademark of ZOOMPROSPECTOR.COM in the United States. Other trademarks, names and
logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including
documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement
thereof, are the sole property of GIS PLANNING, Copyright © 2006-2013 GIS PLANNING. All rights not
expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any
reproduction, distribution, modification, retransmission, or publication of any copyrighted material is
strictly prohibited without the express written consent of the copyright owner or license.
Copyright and Trademark Infringements.Notification:
ZOOMPROSPECTOR.COM respects the intellectual property rights of others, and we ask you to do the same. ZOOMPROSPECTOR.COM may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide ZOOMPROSPECTOR.COMs designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit ZOOMPROSPECTOR.COM to locate the material.
- Information reasonably sufficient to permit ZOOMPROSPECTOR.COM to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ZOOMPROSPECTOR.COM's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
1 Hallidie Plaza #760,San Francisco,CA 94102
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Disclaimer Of Warranties
Your use of this Site and/or the services is at your own risk. Neither the Materials, Submissions nor the
Third Party Content have been verified or authenticated in whole or in part by ZOOMPROSPECTOR.COM, and
they may include inaccuracies or typographical or other errors. ZOOMPROSPECTOR.COM does not warrant the
accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site.
ZOOMPROSPECTOR.COM has no liability for any errors or omissions in the Materials, Submissions and/or the
Third Party Content, whether provided by ZOOMPROSPECTOR.COM or our licensors. It is your responsibility
to independently investigate the accuracy and completeness, of the Materials, Submissions and/or Third
Party Content on this Site and to determine to your satisfaction the suitability of the property for
your needs. Any projections, opinions, assumptions or estimates used are for example only and do not
represent the current or future performance of any property.
ZOOMPROSPECTOR.COM, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY
REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS,
SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR
COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT
LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE.
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE
SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR
PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN AS IS, AS AVAILABLE AND WHERE-IS BASIS WITH NO
WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF THIRD PARTY RIGHTS. ZOOMPROSPECTOR.COM DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR
MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation Of Liability
ZOOMPROSPECTOR.COM SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR
DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL
ZOOMPROSPECTOR.COM BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC
ADVANTAGE) HOWEVER ARISING, EVEN IF ZOOMPROSPECTOR.COM KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
ZOOMPROSPECTOR.COM controls and operates this Site from its headquarters in the United States of America and
the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other
locations. If you use this Site outside the United States of America, you are responsible for following
applicable local laws.
If you violate these Terms, ZOOMPROSPECTOR.COM may terminate and/or suspend your access to this Site
without notice. ZOOMPROSPECTOR.COM prefers to advise you of your inappropriate behavior and to recommend
any necessary corrective action. However, certain violations of these Terms, as determined by
ZOOMPROSPECTOR.COM, may result in immediate termination of your access to this Site. ZOOMPROSPECTOR.COM
has the right to terminate any password-restricted account for any reason. California law and
controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern
these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in
California. If any of these Terms is found to be inconsistent with applicable law, then such term shall
be interpreted to reflect the intentions of the parties, and no other terms will be modified.
ZOOMPROSPECTOR.COM s failure to enforce any of these Terms is not a waiver of such term. These Terms
are the entire agreement between you and ZOOMPROSPECTOR.COM and supersede all prior or contemporaneous
negotiations, discussions or agreements between you and ZOOMPROSPECTOR.COM about this Site. The
proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of
liability and general provisions shall survive any termination of these Terms.