The ZoomBucks toolbar for Firefox, Internet Explorer, Opera, Chrome and any other web browsers (referred to hereinafter as "web browsers", "browsers") operate on terms of use agreement (the "Terms of Use") is a legal agreement between you (referred to hereinafter as "you", "your," or "user") and ZoomBucks.com, including all of its subsidiary and affiliated entities (referred to hereinafter as "ZoomBucks.com", "we," "us", or "our"). Use of the ZoomBucks.com software features and services, as described below (collectively, the "ZoomBucks Software"), requires that you agree to the following Terms of Use. You agree to be legally bound by these Terms of Use by clicking on the "Next", "Run" or "Yes" button provided.
IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY AMENDMENT, YOU MUST NOT USE THE ZOOMBUCKS SOFTWARE.
ZOOMBUCKS SOFTWARE FEATURES AND SERVICES FOR WEB BROWSERS
The ZOOMBUCKS Software comprises a customizable browser toolbar which provides the following features and functionality:
1. One-click access to the assortment of tools, services and widgets of zoombucks.com. These may include content button links that provide access to a variety of useful affiliate products and services, in which zoombucks.com might share revenue.
2. Easy access to zoombucks.com search results from the toolbar textbox.
3. A feature that sends to us the uniform resource locators (“URLs”) of websites visited by a user and along with an anonymous client identifier, timestamp, ip address, port, http request method, server response code (http/s status code returned), user agent, mime type, and the browser language. This feature will help us provide related links to websites visited by users, help us build other toolbars, and help us improve toolbar button offerings.
4. zoombucks.com default search settings, including:
1. Search results delivered in response to queries conducted through the browser address bar;
2. Search results delivered in response to queries conducted through the browser search box;
3. Search results delivered from the browser’s search button;
4. Suggested links or search results when no server can be found in response to misspelled or incorrectly formatted address requests (i.e. DNS error search).
5. 404 Errors
5. When you visit specific websites that are affiliated with ZoomBucks, you will receive either a popup, inline popup, or a message over the website to indicate that you can ZoomBucks points if you make a purchase or complete forms. You may also be shown links to coupons, sales, hot products and other offers pertaining to the site you are visiting. When the popup is shown, we will be using your browser language, ip, client identifer, user agent and other pieces of data to determine what message to show to you.
6. We may use data from your extended profile, normal profile, IP, user agent and other readily available data to show text ads, popups and other advertising targeted to you.
No personal information is required to use the ZoomBucks Software although you will be required to submit personal information to participate in certain promotions, sweepstakes, contests & surveys that may be sponsored by zoombucks.com or an affiliate of zoombucks.com. If you are signed up with zoombucks.com, we may check if you are logged in to the zoombucks.com members area so that we can show you account information, such as total points searches for the month, and other account information. Upon download, zoombucks.com does offer to set your 404s, invalid domain searches and other searches to Zoombucks search, which you may choose to opt out of during the installation process. Further, zoombucks.com is additionally bound by the ZoomBucks Toolbar Privacy Policy.
PERMITTED USES
zoombucks.com grants to you a limited, nonexclusive, revocable license to download this ZoomBucks Software for your personal and non-commercial use. zoombucks.com may, at any time, change, update, modify and/or terminate any part of the ZoomBucks Software or your use of it.
You may not copy, modify, display, license, distribute, transmit, re-post, or download any part of the ZoomBucks Software for commercial use without zoombucks.com's written consent. As a condition of its use, you promise not to use ZoomBucks Software for any purpose that is unlawful or prohibited by these Terms of Use.
Furthermore, you may not use the ZoomBucks Software in any manner that could damage, disable, overburden, or impair zoombucks.com's search services (e.g., you may not use the zoombucks.com Toolbar or Zoombucks Software in an automated manner), nor may you use the ZoomBucks Software in any manner that could interfere with any other party's use and enjoyment of zoombucks.com's search services.
UPGRADES
zoombucks.com may access your computer to perform maintenance on the ZoomBucks Software and to install updates without notice. These updates are also governed by these Terms of Use. Thus, in the course of using the ZoomBucks Software, you may see features added or removed as well as minor behavior and performance changes and improvements. Should any of these changes and improvements require updates to these Terms of Use or to our Privacy Policy, we will post the updated Terms of Use and/or Privacy Policy.
INTELLECTUAL PROPERTY
You acknowledge that zoombucks.com and/or third party affiliates own all rights, title and interest in and to the ZoomBucks Software, portions thereof, or services provided through or in conjunction with the ZoomBucks Software, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the ZoomBucks Software. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the ZOOMBUCKS Software.
DISCLAIMER OF WARRANTIES
ZOOMBUCKS.COM DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE ZOOMBUCKS SOFTWARE.
THE ZOOMBUCKS SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ZOOMBUCKS.COM EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ZOOMBUCKS.COM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ZOOMBUCKS SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE ZOOMBUCKS SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE ZOOMBUCKS SOFTWARE. SOME STATES, PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR PROVINCE TO PROVICE AND JURISDICTION TO JURISDICTION. ZOOMBUCKS.COM HEREBY DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU UNDERSTAND THAT BY RUNNING CERTAIN TYPES OF SOFTWARE, SPECIFICALLY INCLUDING THOSE THAT QUARANTINE, DELETE OR UNINSTALL OTHER SOFTWARE APPLICATIONS, YOU MAY INTERFERE WITH THE FUNCTIONALITY OF THE ZOOMBUCKS SOFTWARE. FURTHER, YOU UNDERSTAND THAT SUCH INTERFERENCE CAN LEAD TO DIFFICULTIES WITH THE ZOOMBUCKS.COM UNINSTALLERS AND THAT THE ZOOMBUCKS SOFTWARE SHOULD ALWAYS BE UNINSTALLED THROUGH STANDARD MEANS AT THE ADD/REMOVE RATHER THAN THROUGH THIRD PARTY SOFTWARE. See Uninstall for details on how to uninstall.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ZOOMBUCKS.COM, OR ANY THIRD PARTY WHO MAKES ITS SERVICES AVAILABLE THROUGH THE ZOOMBUCKS SOFTWARE, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE ZOOMBUCKS SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ZOOMBUCKS.COM AND/OR A THIRD PARTY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ZOOMBUCKS SOFTWARE, FROM INABILITY TO USE THE ZOOMBUCKS SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ZOOMBUCKS SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
MISCELLANEOUS PROVISIONS
1. These Terms of Use will be governed by and construed in accordance with the laws of the Province of British Columbia without reference to conflict of law principles. You agree to submit to the exclusive jurisdiction of the province and federal courts located within Vancouver, British Colubmia to resolve any disputes arising out of these Terms of Use.
2. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
3. The failure by zoombucks.com to exercise or enforce any of the terms or conditions of these Terms of Use shall not constitute a waiver of zoombucks.com’s rights hereunder to enforce each and every term and condition of these Terms of Use. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by zoombucks.com and, if applicable, a third party who makes its software available in conjunction with or through the ZOOMBUCKS Software.
4. We may immediately terminate these Terms of Use with respect to you (including your access and use of the ZOOMBUCKS software, or any portion thereof) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of the ZOOMBUCKS Software.
5. The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall so survive such termination.
6. These Terms of Use along with any other notices, policies, procedures, agreements, and terms and conditions on our website contain the entire understanding with respect to your use of the ZOOMBUCKS software and our relationship with you, and such shall supersede all prior understandings and agreements, whether written or oral, and all prior dealings.
7. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION AGAINST US ARISING OUT OF OR RELATED TO THE ZOOMBUCKS SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
8. Please note that these Terms of Use are subject to change, so please review these Terms of Use frequently. The current Terms of Use will always available at this page. The version will be noted at the bottom of the page.
QUESTIONS OR COMMENTS
If you have comments about the zoombucks.com Toolbar or ideas on how to improve it, please contact Customer using the form at http://www.zoombucks.com/contact_us.php
support@zoombucks.com
Last Updated: April 14, 2010
