Terms and Conditions

The Member Agreement below is effective for all members Last Updated on May 21, 2018

Unhalt LLC, Doing business as Zeeker, User Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.zeeker.com website or “Zeeker” Chrome extension (the "Service") operated by Unhalt LLC, a company organized under the laws of the state of Delaware, doing business as Zeeker ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms 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. If you disagree with any part of the Terms then you may not access the Service.

ACCOUNTS

  • A You will be asked to create an account to be able to post comments or content through the Service. Users may view existing comments and content without creating an account.
  • B When you create an account with us, you must provide us your email address, username, and password. You may also provide your actual name and profile picture.
  • C You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
  • D You agree not to disclose your password to any third party.
  • E 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. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
  • F Y

LICENSE TO USE THE SERVICE

  • A LICENSE: Zeeker grants you a limited, non-exclusive license to access and use the Service for your own personal, non-commercial purposes. This includes the right to view content available on and through the Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
  • B COMMERCIAL USE: You may not use the Service for commercial purposes.
  • C RESTRICTIONS: Except as expressly permitted by Zeeker in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Service or any source code therein. Nor will you attempt to circumvent any of Zeeker’s technical measures or take any measures to interfere with or damage the Service. All rights not expressly granted by Zeeker are reserved.

PRIVACY

Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. It addresses information we may collect about you, how we use that information, and with whom we share that information. By using Zeeker, you acknowledge that you have read and agree to our Privacy Policy.

MEMBERSHIP

  • A. REGISTRATION: To fully use the Service, you must register as a member by providing a user name, password, and valid email address. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
  • B. USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
  • C. ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
  • D. TERMINATION: We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

CONTENT

  • A. RESTRICTIONS: Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to or through the Service, including its legality, reliability, and appropriateness. 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. You may not upload, post, or transmit (collectively, "submit") any content that:
    1. Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
    2. Contains sexually explicit content;
    3. Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
    4. Exploits minors;
    5. Depicts unlawful acts or extreme violence;
    6. Depicts animal cruelty or extreme violence towards animals;
    7. Promotes fraudulent or dubious business schemes; or
    8. Violates any law.
  • B. LICENSE AND PERMISSIONS: As between you and Zeeker, you own all content that you submit to the Service. You grant Zeeker and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called "moral rights" in your content. You further grant all users of the Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to Zeeker on improving or adding new features to the Service, Zeeker shall have the right to use your suggestions without any compensation to you. By using the Service, you acknowledge and agree that any comments, replies, or any other content posted on, to, or through the Service may not be deleted or edited by the User.

CODE OF CONDUCT

In using the Service, you must behave in a civil and respectful manner at all times. Further, you will not:

  1. Act in a deceptive manner by, among other things, impersonating any person;
  2. Harass or stalk any other person;
  3. Harm or exploit minors;
  4. Distribute "spam";
  5. Collect information about others; or
  6. Advertise or solicit others to purchase any product or service within the Site.

Zeeker has the right, but not the obligation, to monitor all conduct on and content submitted to the Service.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party websites or services that are not owned or controlled by Zeeker. Zeeker has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Zeeker shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

THIRD PARTY COPYRIGHTS AND OTHER RIGHTS

Zeeker respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at legal@Zeeker.com.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Zeeker and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on and through the Service.

LIMITATION OF LIABILITY

In no event shall Unhalt LLC doing business as Zeeker, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. To the fullest extent permitted by law we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses.

DISCLAIMER

Your use of the Service is at your sole risk. Zeeker reserves the right to modify the Service. Zeeker reserves the right to monitor content for obscenity but is not required to. By using the Service, you acknowledge that you may encounter obscenity in the Service and that Zeeker is not responsible for any harm or injury that may result therefrom. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Service. We have no obligation to screen or monitor any content or users and do not guarantee that any content available on the Service complies with this Agreement or is suitable for all users. The Service is provided on an "AS IS" and "AS AVAILABLE" basis and is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Additionally, Zeeker does not promote, endorse or warrant anyone who uses the Service and any other user. Zeeker, its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service are free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. Zeeker makes no representations or warranties regarding the following:

  1. That the Service will be permitted in your jurisdiction;
  2. That the Service will be uninterrupted or error-free;
  3. Concerning any content submitted by any member;
  4. Concerning any third party's use of content that you submit;
  5. That any content you submit will be made available on the Service or will be stored by Zeeker;
  6. That Zeeker will continue to support any particular feature of the Service; or
  7. Concerning sites and resources outside of the Service, even if linked to from the Service.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.

EXCLUSIONS

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Zeeker ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Zeeker or any person for whom Zeeker is responsible, and even if Zeeker has been advised of the possibility of such loss or damage being incurred.

GOVERNING LAW

This Agreement shall be governed by the laws of the state of Delaware and the United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. In any action arising out of or relating to the Agreement or your use of the Service, Zeeker and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES

Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Zeeker in exercising any right hereunder will waive any further exercise of that right. Zeeker’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES

This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Zeeker’s prior written consent. No third party shall have any rights hereunder.

MODIFICATION

This Agreement may not be modified except by a revised Terms of Service posted by Zeeker on the Site, through the extension, or a written amendment signed by an authorized representative of the Company. A revised Terms of Service will be effective as of the date it is posted on the Site.

DIGITAL MILLENNIUM COPYRIGHT ACT INFRINGEMENT NOTICES AND COUNTER-NOTICES

  • A. Infringement Notices
    If you believe there is content on the website, or posted through the extension, that violates copyright law, let us know. Specifically, send us an email or letter that includes substantially the following:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    3. 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, and information reasonably sufficient to permit the service provider to locate the material.
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    The notice should be sent to legal@zeeker.com.

    Zeeker reserves the right to review the allegedly infringing material and independently determine whether it is infringing.

    We may display a copy of your DMCA notice in place of the removed content.

  • B. Counter-Notices

    If you believe material you posted to or through Zeeker’s site was not infringing, you can submit a counter-notice.

    A counter-notification must include the following:

    1. Identification of the specific URLs of material that Zeeker has removed or to which it has disabled access.
    2. Your full name, address, telephone number, and email address.
    3. The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

    A scanned physical signature or a valid electronic signature is fine.

    The notice should be sent to legal@zekkter.com.

    Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

    After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options.

    Please also be advised that in appropriate circumstances we terminate repeat infringers.

NOTICES

You consent to receive all communications including notices, agreements, disclosures, or other information from Zeeker electronically. Zeeker may provide all such communications by email or by posting them on the Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Zeeker at legal@zeeker.com or the following address:
55 E Monroe, Suite 3800, Chicago, IL-60603

Nothing herein shall limit Zeeker’s right to object to subpoenas, claims, or other demands.

ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between Zeeker and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE SITE TERMS.