All of the content, software and services available through the Site, including but not limited to any subscription services, whether offered by TruthZap.com or a third party link provided by the Site are referred to herein as the “Services.”
YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SITE AND/OR SERVICES, YOU AGREE THAT:
ACCESS; VERIFICATION; USE OF PERSONAL INFORMATION
You must be at least 13 years of age to use the Services. Verification of your age may be requested or required in connection with your use of all or a portion of the Services. Should TRUTHZAP.COM suspect that your personal data provided is not accurate or complete, TRUTHZAP.COM may suspend or terminate your access to the Services.
Each email communication we send you will contain instructions permitting you to opt-out of receiving future communications. If at any time you wish not to receive any future communications or to have your name deleted from our mailing lists, you may follow the “unsubscribe” procedure included with the email communication, where you will be provided with an opportunity to opt-out from all or a portion of communications to which you subscribe.
USE OF SERVICES; PROHIBITED CONTENT AND ACTIVITIES
You agree to use the Services only as lawful in the United States, and all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in the world, and all subdivisions thereof, with respect to which you use, access or reach out to with regard to the Services.
Without limiting the forgoing, you agree not to:
use the Services for any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via email, without TruthZap.com express prior written approval and, if then, solely in accordance with terms and conditions imposed by TruthZap.com with respect thereto;
not to use the Services or any element or portion thereof (including, without limitation, email addresses of users) for any commercial purpose whatsoever;
use the Services in any way that abuses, defames, stalks, annoys, threatens, harasses or violates the rights of privacy, publicity, intellectual property or other legal rights of a person or entity (now or hereafter recognized) or which encourages conduct which would violate any law or give rise to civil or criminal liability or post, publish, transmit, distribute, disseminate or upload any inappropriate, infringing, defamatory, profane, indecent, obscene, lewd, lascivious, filthy, excessively violent or illegal/unlawful material or matters, including, without limitation, information, topics, names or other material;
attempt to impersonate another user or any other third party by selecting or using the name, address, email address or other identifying information belonging to another user or other person, or otherwise;
use a user name, address, credit card information, email address, pseudonym or other identity belonging to any other person, for any reason whatsoever, without the prior express written authorization of such person;
use a false “header” – the legend attached to email messages to show the message’s point of origin, route and destination – or otherwise falsely configuring email;
use a user name, email address, or header that TruthZap.com, in its sole discretion, deems inappropriate;
disseminate multiple unsolicited copies of email through the Services in violation of any law;
upload files that contain software or other material protected by intellectual property laws, rights of publicity or privacy, except if you own or control such rights or have received all necessary consents, permissions, licenses, approvals;
upload files that you know or have reason to believe may contain viruses, corrupted files, or any other similar software or program that may result in damage to the operation of TruthZap.com’s Services, networks or servers or to another’s computer;
conduct or forward surveys, contests, pyramid schemes or chain letters;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
restrict, inhibit, harass or attempt to prevent any other user from using and enjoying the Services, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network;
disclose personal information and/or collect information about others, including email addresses, without their prior consent; or
violate any applicable domestic or international laws or regulations.
With the exception of web browser access, you agree not to use bots, spiders, intelligent agent software or any other software, program, application or any other device to access the Site or the Services to automate the process of obtaining, harvesting, uploading, transferring or transmitting any content to or from TruthZap.com’s computer systems, the Site or the Services. You agree not to, nor to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Services and not to data mine the Services or in any way cause harm to or burden the Services.
USER CONTENT AND SUBMISSIONS
The Services may permit you to submit, post and distribute text, files, images, photos, graphics, data, messages, video, audio, works of authorship or any other materials or information in connection with their use of the Services (collectively, the “User Content”). This User Content may reside on our servers or on the servers of a third party. You are solely responsible for the User Content and other content that you submit, post or distribute on or through the Services or Site and any material or information that you transmit to others and for your interactions with others. TruthZap.com does not control or endorse the User Content, messages or information submitted, posted or distributed by users, and, therefore, TruthZap.com specifically disclaims any responsibility with regard thereto.
You agree not to provide User Content that:
infringes on, misappropriates or otherwise violates the copyright, trademark, patent or other intellectual property right of any person;
is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, or sexually-explicit;
violates a person’s right to privacy or publicity;
contains advertising or a solicitation of any kind;
degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
contains epithets or other language or material intended to intimidate or to incite violence; or
violates any applicable local, state, national, or international law, or advocates illegal activity.
If the Services permit you to post or publish User Content, you may only post User Content that is original and that you have the right to post. You grant to TruthZap.com a royalty-free, non-exclusive, world-wide, irrevocable, transferable license, including the right to sublicense to third parties without restriction, in perpetuity throughout the universe, right and license to fix, copy, reproduce, display, modify, adapt, edit, elaborate, combine with other material, transform, title, re-title, subtitle, dub, translate, advertise, publish, sell, vend, rent, lend, distribute, broadcast (by terrestrial, cable, satellite or any other means), cybercast, perform, utilize, create derivative works of, or otherwise exploit (collectively, “Exploit”) your User Content, in any and all manner, mediums or methods, now known or later devised. You hereby waive and relinquish all rights known as “moral rights’ or “droit moral” now or hereafter recognized.
The Services may have features that allow you to send or exchange messages with third parties. TruthZap.com makes no warranties, express or implied, takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other user sends, receives, distributes or posts through any email or instant message system. You agree to defend, indemnify and hold harmless TruthZap.com, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors, as applicable, from and against all claims resulting from content, materials, messages, and the like that you send, receive, submit, post or distribute in connection with the Services or the Site, including sending an email through the Services.
If you are under the age of 13, you may not submit any User Content to us. If you are under the age of 18 but at least 13 years of age, you may submit User Content only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these rules for the benefit of an individual between the ages of 13 and 18, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.
SUBSCRIPTION SERVICES AND ACCOUNTS
You may be asked to provide an email address, cell phone and other personal information to subscribe to the TruthZap.com newsletters, alerts or other Services or to set up an account on our Site. When you subscribe or set up an account, you agree to provide accurate, current and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. TruthZap.com has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete. When you subscribe or set up and account, you consent to TruthZap.com contacting you via these methods for any communication, whether for transactional or marketing purpose and you agree we can send you legal notices or other disclosures via these contact methods as well, in addition to or in lieu of providing such notices on our Site. It is your responsibility to check your designated email address regularly for notices. The delivery of any notice from TruthZap.com is effective when sent by TruthZap.com, regardless of whether you read the notice when you receive it or whether you actually receive the delivery.
TRUTH ZAP CONTENT
You acknowledge that all copyrights and other Intellectual Property Rights in the Services are owned by TruthZap.com or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the Truth Zap Content, software and Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of TruthZap.com and, if applicable, the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading content or software from the Services.
The Services contain the content of other users and other TruthZap.com licensors. Except for User Content posted by you, and as otherwise expressly permitted herein, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, rent or otherwise Exploit any Truth Zap Content or other content appearing on or through the Site or Services.
EDITING AND BLOCKING CONTENT
TruthZap.com assumes no responsibility for monitoring the Site for inappropriate content or conduct. If at any time TruthZap.com chooses, in its sole discretion, to monitor the Site, TruthZap.com nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the user submitting any User Content.