Updated: June 6, 2018

Thank you for using Zooka Creative! These Terms of Service govern your access to and use of the Zooka Creative website and all Services offered by Zooka Creative. Please read these Terms carefully, and contact us if you have any questions. By accessing or using Zooka Creative, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to the terms of these Terms, please do not use the Site and Services.

Our Service: Our mission at Zooka Creative is to get to know you and tell your story.

Definitions of key terms are provided at the end.

1. Use of Site and Services

This Site and the Services and/or products offered on this Site are intended for the individual use of customers of Zooka Creative. Unless you have entered into a separate License Agreement with Zooka Creative, the products and/or services are not for release in corporate systems or re-packaged for resale or distribution as a group or sub-groups. They are not to be shared on websites or blogs or through other media channels.

2. Pricing & Billing

Payment for products and/or Services is due upon purchase. Prices may be subject to change. Zooka Creative does not offer a price guarantee. You agree to pay for what you select at the price displayed at the time you place your order, plus applicable shipping/handling charges and any other applicable taxes that Zooka Creative is legally obligated to collect. Prices do not include the costs for the download of services. Such costs including, but not limited to, internet charges are the direct responsibility of the customer. Discount codes are not transferable Zooka Creative, in its sole discretion, reserves the right to decline to apply a discount code at any time, for any reason whatsoever.

3. Newsletters

We send newsletters to you and will not sell your email address to 3rd parties. You may choose to opt-out of the newsletter at any time by following the unsubscribe instructions in each newsletter or by contacting us directly. By default, all contact from our website is entered into our CRM.

4. Phone Calls

When you are in contact with us by phone the call may be monitored or recorded for quality assurances purposes. Your continued participation in any telephone conversation serves as express consent to be monitored or recorded.

5. Third-Party Services

The Services may contain links to third-party websites. When you click on a link to a Third-Party Website, we will not warn you that you have left the services and are subject to the Terms of Service (including privacy policies) of another website or destination. The Third-Party Websites are not under the control of Zooka Creative. Zooka Creative is not responsible for any Third-Party Websites. We provide these Third-Party Websites only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or their products or services. You use all links in Third-Party Websites at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of all Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any translation with any such third party.

6. Content

You may view, download for collection purposes only, and print pages or other contents from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not republish, sell, rent or sub-license any materials from this website including republication on another website; you must not reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

7. Intellectual Property Rights

The Web allows people throughout the world to share valuable information, ideas, and creative works. Isn’t that neat? To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials, appearing on them. The materials available on the site shall remain the property of Zooka Creative and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them. You hereby acknowledge that all rights, titles, and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You promise not to steal our stuff and claim it as your own. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. You also promise not to copy exactly what we do for your own profit. By submitting Public Content or any other content on the site or otherwise through the service, you grant Zooka Creative a worldwide, non-exclusive, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the contents in connection with the site, the service and Zooka Creative; (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third party websites, and feeds). Anything you share with us can be used by us. You also grant each user of the site and/or the service a non-exclusive license to access your content through the site and the service, and to use, edit, modify, reproduce, distribute, prepare derivative work of, display and perform such content in connection with their use of the site and service.

8. Privacy Policy

You have read our privacy policy, right? If yes, then you know already that our Privacy Policy is part of our Terms of Service and by accessing or using the Service, you agree to be bound by all of its terms and conditions. If you have not read it, you may do so here.

9. Confidentiality

You can keep a secret. You agree not to disclose information you obtain from us and or from our clients, advertisers, or suppliers. You shall not disclose any of Zooka Creative’s confidential information without prior written consent. All Zooka Creative’s Confidential Information, including but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by Zooka Creative to you, is confidential and solely for your use. Confidential information may not be disclosed or copied unless authorized by Zooka Creative. Confidential Information does not include any information that: (i) is or becomes generally available to the public other than as a result of your breach of this Agreement; (ii) is obtained by you on a non-confidential basis from a third- party that was not legally or contractually restricted from disclosing such information; or (iii) you established by documentary evidence, was in your possession prior to Zooka Creative disclosure hereunder. Upon Zooka Creative’s request, you shall promptly return all documents and other materials received from Zooka Creative. All information submitted to Brand Campaigns is proprietary information of Zooka Creative. Such customer information is confidential and may not be disclosed. Persons accessing Zooka Creative agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

10. Limitation of Liability

IN ALL CIRCUMSTANCES ZOOKA CREATIVE MAXIMUM LIABILITY IS LIMITED TO $100. ZOOKA CREATIVE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. ZOOKA CREATIVE SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS, FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT ZOOKA CREATIVE HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. Users of the Site and Services shall hold harmless Zooka Creative, and all employees, from and against any and all damages of any kind (including reasonable attorney fees and costs) arising out of any action or proceeding by any third party based upon: (i) your breach of this Agreement, (ii) and Content, information, work product or material supplied, uploaded or posted by an you; (iii) the infringement of the rights of any person or entity related to the use of any Content of Publicity Materials under this Agreement; or (iv) your negligence, fraud, or willful misconduct. you will give Zooka Creative prompt written notice of any claim that any Content or Publicity Material infringes the rights of a third party. We make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the site or any part of it at any time. The information, content, and services on the site are provided on an “as is” basis. When you use the site and or participate therein, you understand and agree that you participate at your own risk.

11. Waiver & Serviceability of Terms

Sometimes we miss things. If there is a violation of these terms that we do not catch right away, that does not mean that the violation is allowed. These terms are always in effect and will remain so in their entirety while we find and remedy any problems. Any waivers allowed will be on a case by case basis and cannot be used for any other breaches. In the event that any provision of these Terms of Service is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply to the maximum extent permitted by law, and the remainder of these Terms of Service shall remain valid and enforceable according to its terms.

12. Entire Agreement

This agreement shall be governed by and construed in accordance with the laws of California, without any reference to the conflict-of-laws principles. The agreement describes and encompasses the entire agreement between us and you, and supersedes all prior agreements with respect to the Site, the content, and materials provided by or through the Site, and the subject matter of this agreement.

13. Choice of Law Jurisdiction; Forum

We are from Santa Clara, California and will handle all of our legal matters here. Regardless of where you may live or your local laws, we are only bound by the laws of our courts. Any dispute, controversy or difference which may arise between the parties out of, in relation to, or in connection with this agreement is hereby irrevocably submitted to the exclusive jurisdiction in the courts of Santa Clara, California.

14. Term

This Agreement will remain in full force and effect when you use the Website and our Services. You may unsubscribe from our emails at any time. We may terminate your subscription to our emails for any reason at any time. Even after your subscription is terminated, certain sections of this Agreement will remain in effect.

15. Parties

These Terms are a contract between you and Zooka Creative.

Contact Us If You Have Any Questions:

If you have any questions or concerns regarding our Terms, please contact us: info@zookacreative.com

Definitions

In this policy, the following definitions are used:

  • Agreement: The entire Terms of Service described her between Zooka Creative and users of the Site and Service
  • Feedback: Information about reactions to a product, a person’s performance of a task, etc., used as a basis for improvement.
  • “You” and “Your” “Subscriber”: You, the visitor and user of the Service.
  • Scope of Work (SOW): Where the task to be performed is outlined.
  • Confidential Information: All non-public, confidential or proprietary information
  • Site: http://zooka.agency/ the Zooka Creative Website
  • SPAM: sending unsolicited e-mail or sending of emails that are misleading, spoofed, contain misleading subject lines, contain inaccurate or misleading sender or recipient data, or violate applicable State or Federal Statute. Also includes similar, abusive behavior in a third party or “chat room” or website or sending of unsolicited or misleading Instant Messages, Chatroom, Newsgroup, ICQ or IRC messages. Such behavior could include automatically sending a scripted text (and website URLs) disguised as “chat” or conversation into any third party chat room
  • Terms of Service: aka Terms