Effective Date: December 01, 2019
Revised Date: May 31, 2023
The Zemplee website and the services offered through or in connection with the website (including but not limited to related services which we make available through third-party websites and applications such as social media sites) are collectively referred to herein as the “Service.” References to “we,” “us,” and “our” refer to Zemplee, Inc.
Access and Use
harvest or otherwise collect or disseminate personal information about others without their consent, or harass or “stalk” another;
2.impersonate any person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of messages;
3.gain or attempt to gain unauthorized access to the Service, or other accounts, computer systems or networks connected to the Service, through password mining or any other means;
4.solicit business for any company or service that is our competitor;
5.solicit other business not related to the purpose of the Service; or
6.upload, transmit or otherwise make available material that:
a.is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable;
b.infringes any intellectual property right or other right of any third party, including but not limited to any patent, trademark, trade secret or copyright;
c.constitutes the unauthorized or unlawful disclosure of confidential or other proprietary or nonpublic information;
d.constitutes “chain letters,” “junk mail,” “spam,” “pyramid schemes” or other duplicative or disruptive messages; or
e.contains viruses, trojan horses, worms or any other harmful or disruptive computer code, files or programs.
Hyperlinks. You may create a hyperlink to the home page of the Service so long as the link does not portray the Service, us, or our affiliates or their services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without written permission.
Third-Party Services and Information
Content Provided By You and Other Users
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR INCURRED IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations
THE LAWS OF SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Procedure for Making Claims of Copyright Infringement
We may, in appropriate circumstances and in our discretion, disable or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.identification of the copyrighted work or other intellectual property that you claim has been infringed;
3.identification of the material that you claim is infringing and its location on the Service;
4.your address, telephone number, and email address;
5.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;
6.a statement by you that the above information in your Notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent
Attn: Zemplee Inc
3175 Bowers Ave
Santa Clara, CA 95054 Email: email@example.com
To use any of our Skill(s), you must (1) be 18 years or older, (2) have an Alexa-enabled device, (3) have an internet connection, and (4) have an active Amazon account. If any of these requirements do not apply to you, do not use the Skill(s). Parents or guardians may wish to disable the functionality of any of our Skills to prevent use by children under the age of 13 via the parental controls for such Skills made available by Amazon at this page.
By using or accessing our Skill(s), you agree to these Terms, as updated from time to time. Zemplee reserves the right, in its sole discretion, to modify these Terms at any time without prior notice to you. If you do not agree to the Terms, either here or as may be modified at any time, then you must stop using the Skill(s). Your continued use of the Skill(s), including following any modification of these Terms, constitutes acceptance of these Terms including any changes made by us.
Alexa and your Alexa-enabled device were not designed or manufactured by Zemplee, and Zemplee does not have control over the software that runs on the device, which includes third-party applications. Alexa may not function without error, and may incorrectly process words, conduct translations, or give responses. By accepting these Terms, you understand and agree that Zemplee is not responsible for inaccuracies in your interactions with Zemplee using the Skill(s). In addition, Zemplee shall not be responsible for any costs associated with your use of our Skill(s), including but not limited to the purchase and use of an Alexa-enabled device or any internet connection or service charges incurred by you.
The Skill(s) is provided on an “as is”, “without any warranty”, and “without any liability” basis. You bear the risk of using it or them. Zemplee does not guarantee the quality, accuracy, completeness, or timeliness of the Skill(s). Zemplee does not warrant that the functionality or operation of the Skill(s) will be uninterrupted or free from error that any defects in the Skill(s) will be corrected, or that the Skill(s) or the servers that make it available are free of viruses or other harmful conditions or components. The Skill(s) may occasionally be restricted, interrupted, or discontinued due to various conditions, including without limitation Skill design, network coverage, government regulation, and situations beyond Zemplee's control. Neither Zemplee nor its affiliates, suppliers, licensors or vendors will have any liability to you for any losses suffered as a result of that arise out of or in connection with your use of the Skill(s). To the maximum extent permitted by law, Zemplee expressly disclaims all warranties of any kind with respect to the Skill, including without limitation, those regarding availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards, and noninfringement.
To the maximum extent permitted by law, Zemplee and its affiliates, suppliers, vendors and licensors are not liable for any indirect, special, incidental, exemplary, punitive, or consequential loss or damage arising out of or in connection with the device or your use of the Skill(s) (including without limitation the input of personally identifiable and other information into the Skill(s)), whether the claim is based in contract, tort, negligence, strict liability, or otherwise, and even if Zemplee has express knowledge of the possibility of such loss or damage. You shall not seek to recover any damages (including without limitation direct, consequential, lost profits, special, indirect or incidental damages) from Zemplee, its affiliates, suppliers, vendors or licensors outside of the conditions set forth in these Terms. You must file any lawsuit or other action directed against Zemplee, its affiliates, suppliers, vendors or licensors within one (1) year after the date of the event that caused the loss or damage, or you forever waive any right to bring any such lawsuit or other action.
Zemplee may change any of programs, products, or services mentioned in the Skill(s) at any time without notice. Additionally, any products or services that may be referred to in the Skill(s) are subject to availability and qualifications; terms, conditions, and exclusions not described in these Terms may apply.
The Skill is controlled and operated in the United States of America . This agreement is governed by and interpreted according to the law of the State of New Jersey, excluding that body of law applicable to conflicts of law.
If any provision of these Terms is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect. Zemplee’s failure to enforce any right or provision in this agreement will not constitute a waiver of such provision, or any other provision in these Terms.