TERMS AND CONDITIONS

Thank you for visiting the Zooper.com website (the "Website"). By using this Website, you agree to the following terms of use. If you do not agree to these terms, you may not use this Website. 

PRIVACY

Please review our Privacy Notice, which also governs your visit to our Website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit our Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Zooper.com or its affiliates, content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Zooper.com and protected by U.S. and international copyright laws. All software used on this site is the property of Zooper.com or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

The Zooper logos and other marks indicated on our Website are registered trademarks of Zooper.com, or its subsidiaries, in the United States and other countries. Zooper.com's trademarks and trade dress may not be used in connection with any product or service that is not Zooper.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zooper.com. All other trademarks not owned by Zooper.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zooper.com or its subsidiaries.

LICENSE AND SITE ACCESS

Zooper.com grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Zooper.com. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Zooper.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Zooper.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Zooper.com's name or trademarks without the express written consent of Zooper.com. Any unauthorized use terminates the permission or license granted by Zooper.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Zooper.com so long as the link does not portray Zooper.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Zooper logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Zooper.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Zooper.com only with involvement of a parent or guardian. Zooper.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Zooper.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Zooper.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicense able right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Zooper.com and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Zooper.com or its affiliates for all claims resulting from content you supply. Zooper.com has the right but not the obligation to monitor and edit or remove any activity or content. Zooper.com takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Zooper.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Zooper.com will assist customers to file FedEx claims in the event of loss, theft, mis-delivery, or denial signature. The purchaser can seek to suspend charges with their credit card issuer in these instances, which allows time to work with FedEx and local authorities and seek restitution through their insurance carrier regarding any matters of theft after delivery.

DAMAGED MERCHANDISE

Claims of damage or missing parts must be presented immediately. Zooper.com arranges for prepaid return shipping when appropriate but does not reimburse for shipping fees, supplies, labor, or time.

PRODUCT DESCRIPTIONS

Zooper.com and its affiliates attempt to be as accurate as possible. However, Zooper.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Zooper.com itself is not as described, your sole remedy is to return it in unused condition.

HYPERLINK DISCLAIMERS 

As a convenience to you, we may provide on this site links to web sites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this Website. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Zooper.com. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Zooper.com. Zooper.com does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Zooper.com. Links do not imply that Zooper.com or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Zooper.com or any of its affiliates or subsidiaries. Except for links to information authored by Zooper.com, Zooper.com is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. Zooper.com reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE IS PROVIDED BY ZOOPER.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZOOPER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. 
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZOOPER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZOOPER.COM DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ZOOPER.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZOOPER.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

APPLICABLE LAW

By visiting Zooper.com, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Service and Conditions of Use and any dispute of any sort that might arise between you and Zooper.com, its affiliates or service provides for this Website. If you access this Website from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Website. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within New York City, New York for any disputes with Zooper.com arising out of your use of this Website.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our Website, policies, and these Terms of Service and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ENTIRE AGREEMENT

These Terms of Service and Conditions of Use constitutes the entire agreement between Zooper.com and you with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Zooper.com with respect to this Website. A printed version of these Terms of Service and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service and Conditions of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No waiver by Zooper.com of any breach or default by you hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

 


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