Terms - ZuluTails

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to ZuluTails LLC, 4230 N. Buffalo Rd. STE 7, Orchard Park, NY 14127.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to: New York, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Memberships refer to the services or access to the Service offered on a Membership basis by the Company to You.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to ZuluTails, accessible from https://www.zulutails.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

Goods availability
Errors in the description or prices for Goods
Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation and Refund Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You also include all of the product’s instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

In accordance with these Terms and Conditions we will reimburse You 30 days from the date on which We receive the returned Goods and return terms are adhered with. We will use the same means of payment as You used for the Order.

You will not have any right to cancel an Order for the supply of any of the following Goods:

The supply of Goods made to Your specifications or clearly personalized, (to include Universal Pet Identifier (UPI) codes, QR Codes, etc.).
The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices, Pricing Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Membership

Membership period

The Service or some parts of the Service are available only with a paid Membership. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Membership plan you select when purchasing the Membership.

At the end of each period, Your Membership will automatically renew under the exact same conditions unless You cancel prior to the current expiration period, or the Company cancels it.

Membership cancellations

You may request to cancel Your Membership renewal by contacting the Company in writing.

You will not receive a refund for the fees You already paid for Your Current Membership period, and You will be able to access the Service until the end of Your current Membership period.

Billing and Invoicing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Membership fees. Any Membership fee change will become effective at the end of the then-current Membership period.

The Company will provide You with reasonable notice of change(s) in Membership fees to give You an opportunity to terminate Your Membership.

Your continued use of the Service after the Membership fee change comes into effect constitutes Your agreement to pay the modified Membership fee amount.

Refunds

Except when required by law, paid Membership fees are non-refundable.

Certain refund requests for Memberships may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Contact the Company at MembershipSupport@zulutails.com

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

The terms contained in this document (Standard Promotional Terms) apply to all promotional offers available through Our Platforms (each a Promotion) and, together with any applicable specific promotional terms, which may also be referred to as “Key Terms”, set out on a web landing page for the relevant Promotion (Specific Promotional Terms) and Our Terms and Conditions and Privacy Policy (collectively, the Rules), form a legal agreement between You and Us and can only be amended with Our consent. By participating in any Promotion, You are indicating You accept and agree to be bound by the Rules.

You should check these Standard Promotional Terms and any applicable Specific Promotional Terms before participating in any Promotion.

In the event of any conflict or inconsistency between these Standard Promotional Terms, any applicable Specific Promotional Terms and the Terms and Conditions, the Specific Promotional Terms shall prevail, followed by these Standard Promotional Terms, but only to the extent necessary to resolve such conflict or inconsistency.

Your use of each Platform itself and of any services available through that Platform are subject to the Rules.

Promotions and Promotion Periods

We may, from time-to-time, run Promotions and these may take the form of bonus offers or some other form of incentive, prize draws, competitions, contests, or other form of Promotion, or a combination of any of these. The particular form of Promotion will be described, and full details set out, in the communications (such as e-mails, Our social media sites/pages computer pop-ups and letters) We issue to tell You about each Promotion (each a Promotion Communication) and/or on a web landing page for the relevant Promotion.

For the purposes of all Promotions, the promoter is the entity You have contracted with under the Terms and Conditions (“We“, “Us” and “Our“).

The period of time during which each Promotion will run (Promotion Period) will be specified in the applicable Specific Promotional Terms. Each Promotion will automatically close at the end of the relevant Promotion Period, in governed by Eastern Time Zone (United States Eastern NY/DE) at which point no further participation in that Promotion will be possible. Where no Promotion Period is specified, the relevant Promotion will end when it is discontinued on the Platform.

Promotion Communications

Unless otherwise indicated in the Promotion Communication, participation in each Promotion is open to those who qualify. We reserve the right to restrict participation in certain Promotions. Where a Promotion Communication permits multiple participants, We reserve the right, in Our sole discretion, to limit the number of participants.

Unless otherwise indicated in the Promotion Communication, it is intended for the addressed recipient or category of recipient only and cannot be transferred. If You are not the intended recipient or within the intended category of recipient, then the offer is null and void.

Eligibility to participate in Promotions

To be eligible to participate in any Promotion, You must:

(a) be eighteen (18) years of age or older, or the legal age of majority in Your home country, state or province;
(b) be legally entitled to use Our services in accordance with Our Terms and Conditions;
(c) if the Promotion is specifically intended for residents of and/or located in a particular country as stated in the applicable Specific Promotional Terms, be a resident of and/or located in that country;
(d) unless the applicable Specific Promotional Terms indicate that a “no purchase necessary” route is available, have successfully completed registration on the Platform for the relevant service and completed User Account enrollment and qualified annual membership enrollment. In accordance with Our Terms and Conditions;
(e) satisfy any other eligibility criteria set out in the relevant sections of these Standard Promotional Terms in respect of certain general categories of Promotion and in the applicable Specific Promotional Terms; and
(f) not be an Unauthorized Person (as defined in section Excluded and Disqualified Participants.

To be eligible to participate in any Promotion which is stated to be intended for New Users/Account Holders or New Members or which is described as a “new” or “sign up” offer (or similar), You must not previously have opened an account on any of Our Services. Such Promotions may not be used in conjunction with any other Promotion.

The identity of each participant in a Promotion will be determined from all or any combination of the following: full legal name, email credit/charge/debit card number, IP address and other forms of identification which may be required. We reserve the right to request further information from You if You wish to participate in certain Promotions.

Participation in Promotions

Participation in any Promotion is voluntary.

To participate in a Promotion, You will need to follow the instructions set out in the relevant Promotion Communication, on a web landing page for that Promotion, social media page and, where appropriate, the applicable Specific Promotional Terms. Where the Promotion Communication or landing page specifically indicates that no purchase is necessary to participate in the Promotion, You may participate by sending an email to the address there specified.

Unless otherwise indicated in the applicable Specific Promotional Terms, entry into each Promotion may be used only once.

Excluded and Disqualified Participants

Officers, directors, employees, consultants or agents of The Company or any of its subsidiaries, parent or associated companies, or any of its or their respective suppliers or vendors (including advertising, printing and publicity agencies) or any officers, directors, employees, consultants or agents of any entity connected with any Promotion, or relatives of any of the foregoing persons, “relative” shall include, but not be limited to, a spouse, partner, child or sibling and any person residing in the same household as any of the foregoing persons.

Residents of Nevada, District of Columbia, Florida, Illinois, Iowa and Rhode Island and any other jurisdictions where it is illegal to participate in promotions and/or to win cash, prizes, and/or giveaways.
(collectively, Unauthorized Persons). Unauthorized Persons are not permitted to participate in any Promotion.

If a non-Qualifying User/Account Holder participates in any Promotion, We reserve the right, without prejudice to any other rights under the Rules, to seek the return of any payments, awards or other prizes.

We reserve the right, at Our sole discretion, to disqualify any participants, users who cheats or who tampers or attempts to tamper with the entry process for, or the operation of, any Promotion, or whose conduct is in breach of the Rules, contrary to the spirit of the Rules or the intention of the relevant Promotion, or might, in Our reasonable opinion, bring Us, any of Our Group companies or any of Our or their respective brands into disrepute.

Qualifying

Unless the applicable Specific Promotional Terms indicate that a “no purchase necessary” is available (or such other dispensation is available), participation in any Promotion is subject to You having made the required purchase(s) and / or transactions as may be required may not be canceled and are nonrefundable once completed.

Prizes

Qualifying participants who win a prize as the result of any Promotion consisting of a draw, contest, or event (each, respectively, a Winner and a Prize) must accept the relevant Prize “as is” and there is no right to a cash alternative unless We, in Our sole discretion, elect to offer such a cash alternative (which may be less than the full value of the Prize). We reserve the right, at any time, to substitute any Prize with one or more prizes (other than a cash alternative) of substantially equivalent value. We may do this, in particular, if it is impractical or unduly costly to deliver a particular Prize to the Winner’s geographical location.

Prizes will be drawn at random and, provided all Participants must be Qualified Participants, no favoritism will be shown in terms of gender, age, geographic location, length of time as a Qualifying Participant, which of Our channels, social media or Platforms a Qualifying Participants has used, or any other factor.

All Prizes will be drawn by the time or within the timeframe specified in the applicable Specific Promotional Terms and, unless otherwise indicated. Where We arrange for a non-cash Prize to be delivered to You, the delivery may need to be signed for, but in all cases, We reserve the right to require that a particular Prize be made available for collection only, including without limitation if such Prize is impractical or unduly costly to deliver. In the case of a non-cash Prize, We will make all reasonable attempts to contact the Winner using his/her Account contact details, but if We have not been able to contact the Winner within 30 days of the Prize being won, We reserve the right to draw another Winner in place of the original Winner or to forfeit the Prize altogether without liability to the Winner.

We reserve the right not to award a Prize or to seek the return of any Prize awarded in the event that the Winner is not entitled to receive such Prize in accordance with applicable law (provided always that the Winner is solely responsible for ensuring that they are entitled to receive any Prize) or if We have cause to disqualify the Winner in accordance with these Terms and Conditions.

Any entitlement to receive a Prize is non-transferable

The Winner is solely responsible for the payment of any applicable tax in relation to the relevant Prize and for any costs associated with the Prize or its use, including without limitation the cost of complying with any requirements of applicable local law. Examples of such associated costs include taxes but are not limited to.

Where a Prize consists of an event, activity, holiday or the performance of a service, the Winner is solely responsible for complying with any conditions or instructions of the relevant third-party provider or organizer and must be able to comply with any restrictions as to dates and times in relation to the Prize (which may not be re-scheduled) and any other eligibility restrictions imposed by the relevant third-party provider or organizer. The contract in relation to any such event, activity, or service will be directly between the Winner and the relevant third-party provider or organizer and We will not be a party to that contract or have any liability in relation to its performance or non-performance, which shall be the sole responsibility of the relevant third-party provider or organizer. We will not provide any form of insurance, including without limitation any public liability or cancellation insurance, in respect of any Prize consisting of an event, activity, or service.

Where, in relation to any Prize, We make use of any third-party name or trademark, these are proprietary to the relevant third party. No license, affiliation, sponsorship, or endorsement is claimed or should be inferred from the use of these names or trademarks or the use of any photograph of a Prize. Any photograph used to promote a Prize is for illustrative purposes only and the actual Prize may differ from the item shown in the photograph, including without limitation as to make, model, specification, color, finish, packaging, and other features.

Our offering of a particular Prize implies no affiliation on Our part with or sponsorship or endorsement of the relevant third-party manufacturer, supplier, provider, or organizer.

The Winner is solely responsible for all use made of the Prize. Except as expressly provided in these Standard Promotional Terms, no representations, warranties, conditions, or other terms are made, given, or accepted by Us and no other terms shall apply, as between Us and any person, in relation to any Prize, including without limitation any terms as to suitability, reliability, satisfactory quality or fitness for purpose, or any other implied terms, all of which We exclude to the maximum extent permitted by law.

Prize Draws

In respect of any prize draw, Winners will be drawn at random from all entries correctly submitted (the details of the process used are set out in below (the “Draw Process“)) and provided all Qualified Participants are Qualifying Qualified Participants, no favoritism will be shown in terms of gender, age, geographic location, length of time as a Qualifying Participant, which of Our gaming channels or Platforms a Qualifying Participant has used, or any other factor.

The Draw Process is as follows:

(a) Each entry validly submitted by every Qualifying Participant into a prize draw will be randomly sorted and will be allocated with a valid UPI, randomly generated from Participants User Account and associated net New Membership(s), Participants may have 1 to 10 total number of entries for the prize draw in question (each a unique “Universal Pet Identifier” (UPI));
(b) The algorithm generator shall be used to establish the UPI will determine the Winner; Winner(s) to be drawn for the prize draw in question.
(c) The “Prize Draw Adjudicator” shall mean Our Head of Promotions or such other responsible person that they may direct;
(d) The prize draw will take place in Our NY/DE by the Prize Draw Adjudicator and will be witnessed by another member of Our Company.

Publicity and intellectual property

By participating in any Promotion in which You win a Prize, or which takes the form of a contest, , or live event in which You successfully participate , You agree to co-operate in all advertising, marketing and publicity material and activities We may, at Our expense, produce or arrange. You also agree if requested to sign, if requested, an irrevocable release form allowing Us, without any compensation being payable, to use Your name, photograph, likeness, additional details provided by You, any comments made by or attributed to You, and to incorporate any such information and any audio/visual recording or broadcast for such promotional purposes, in any media, globally.

Where You participate in any event which We host or arrange in connection with a Promotion, You agree not to make use of any third party branding or advertising for any organization which We consider to be Our competitor, including without limitation any branding or advertising for any other company, and You agree not to conduct yourself in a manner that might, in Our reasonable opinion, bring us, any of Our affiliates or any of Our or their respective brands into disrepute. In the event of any breach of this requirement, We reserve the right not to award a Prize or to seek the return of any Prize awarded.

With respect to any submission or entry You make while participating in any Promotion, You warrant that the relevant material will be all Your own original work and will not infringe on the intellectual property rights or other rights of any person. You agree to assign all rights (including intellectual property rights) in such material (and if moral rights exist, agree to waive such rights) and agree to execute all documents and to do any other things reasonably necessary to assure Our title to such material and to allow Us fully to use and exploit such material.

Our liability

Except that We do not exclude or limit Our liability for personal injury or death caused by Our negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded, We accept no liability in relation to Your participation (or inability to participate) in any Promotion, including without limitation any use made by You of (or inability to use) any Prize, to the maximum extent permitted by law.

If any Promotion cannot be executed as planned, including due to any technical problems or circumstances beyond Our control, We shall incur no liability and no prize of any kind will be awarded.

Alteration and termination of Promotions; modification of the Rules

We reserve the right to alter, discontinue or terminate any Promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in any Promotion Communication or on the Platform, or where there has been any error in the preparation for or conduct of any Promotion affecting the result of the Promotion or the number of participants or the value of claims.

The Rules may be modified by Us at any time by posting the modified terms on the relevant page(s) of the Platform. We recommend You revisit these Standard Promotional Terms regularly. By Your continued participation in the Promotion, You accept any such modified terms.

Live Events

Any substitution of a live event is decided by Us at Our sole discretion.

In connection with participating in a promotion or promotional event, the Winner agrees to be interviewed and/or engaged by public relations companies on Our behalf. This may include, but is not limited to, being interviewed, and providing any additional information of interest for the reporting on any of Our sites. We own the exclusive right to copy, reproduce and use all or part of the result from interviews or engagements, including photos and videos of the Winner. The Winner waives the right to inspect and approve such use.

The Participant(s) is aware and agrees that We may use images and videos of the Winner as well as the Winner’s real name and nickname on any of Our sites in connection with the reporting of a Our promotion or event.

Should a banned Winner participate and win a prize in a qualifying event, the prize will be forfeited.

In the case of any disputes regarding any Terms and Conditions of the prize, Our decision shall be final and binding upon the parties.

The Winner must be of legal age of majority to participate, and it is the sole responsibility of the Winner to provide verification of age. Documentation verifying age may be requested by Us at any time.

The Winner is individually responsible for any taxes associated with the winning of the prize.

General

You may not assign or transfer any or all Your rights or obligations under the Rules.

No third party shall have a right to enforce the Rules against Us.

If any part of the Rules is found to be unenforceable as a matter of law, all other parts of the Rules shall be unaffected and shall remain in force.

Our determination and decision on all matters will be final and no correspondence will be entered into. Any dispute or situation not covered by the Rules will be resolved by Our management in a manner it deems to be the fairest to all concerned and, subject to the following section, that decision shall be final and binding on all Qualified Participants.

You and We agree that the laws of NY/DE apply to the Rules and that any dispute between You and Us arising out of or in connection with the Rules or any Promotion will only be dealt with by the courts of NY/DE.

If these Standard Promotional Terms or any applicable Specific Promotional Terms are translated into a language other than English, then the English version shall prevail where there is any inconsistency.

If You have questions, please contact MembershipSupport@zulutails.com.

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your account and Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other Users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s Users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs pertaining to Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

⦁   Unlawful or promoting unlawful activity.
⦁   Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, political or other targeted groups.
⦁   Spam, Bots, Ransomwares(s), system automated – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other forms of unauthorized solicitation, or any forms of lottery or gambling.
⦁   Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, restrict, collect, damage, or limit the functioning of any network, access, software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
⦁   Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
⦁   Impersonating any person or entity including the Company and its employees, affiliates, or representatives.
⦁   Violating and / or breaching the privacy of any third person.
⦁   False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether any Content is appropriate and complies with Our Terms and Conditions, refuse, or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can limit or revoke the use of the Service if You post such objectionable Content. You are solely responsible for Your User Account and all activity associated within.

As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, inaccurate, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to claims that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at corporate@zulutails.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including all costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

⦁   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
⦁   A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
⦁   Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
⦁   Your address, telephone number, and email address.
⦁   A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
⦁   A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at corporate@zulutails.com.

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company and must adhere to the Terms defined by the Company to include but not limited to time limitations (i.e., 3 months, 6 months, 12 months, etc.

Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You do not adhere to and or breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all the foregoing shall be limited to the amount actually paid by You through the Service or $100.00 USD if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, cyber impacts or implementations, or other damaging or harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Conditions and Your use of the Service. Your use of the Application may be subject to other local, state, national, or international regulations, mandates, and laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first make every attempt to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties

Severability and Waiver

Severability

If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable laws and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms and Conditions shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated as We have made them available to You on our Service.

You agree that original English (American) text shall prevail in the case of any dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, We will make reasonable efforts to provide at 30 days’ notice prior to new terms taking effect. Elements and what constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service upon the revision’s effective date/time, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

Questions pertaining to these Terms and Conditions, contact us:

By visiting https://www.zulutails.com/contact-us