Terms & Conditions
Last Updated: September 30, 2015
1. Introduction
This agreement sets out the rights and obligations
of a user of Zocal and those of Mochameet, Inc. towards the user in relation to the
site and services offered. By registering with or accessing Zocal, the user agrees to be
bound to the terms of this Agreement. Zocal reserves the right to make changes to this
agreement without providing prior notice to the user.
2. Privacy
a. Please read our Privacy Policy for details regarding
how you can share information with others and how Zocal uses the user's content and information.
Further, you agree to provide consent to the way Zocal handles your personal data, including
the transfer to the United States or other countries for storage, processing and use by Zocal
or its employees.
3. User Content & Information
a. You are held responsible for
i. the use of
the services offered;
ii. any content posted, displayed, uploaded or submitted
to Zocal which will be viewed by other users and third-party services and websites and
iii. the consequences resulting from your submissions.
b. With respect to the content and information submitted, you specifically give Zocal the following permissions:
i. you grant Zocal a non-exclusive, irrevocable, royalty-free and perpetual license
that requires no form of compensation to you to copy, modify, distribute, show in public and create
derivative works from your user submissions both as part of the Zocal service and otherwise,
in any form, anywhere; including (without limitation) (a) services that link to Zocal, and
(b) for promoting the Zocal (and derivative works thereof) in any media formats and through
any media channels;
ii. you represent and warrant that you are fully entitled to grant that
license;
iii. you undertake that if you reference any identifiable individual in your
submissions, that individual has granted you the necessary permissions to do so and agrees to the
use of that information by Zocal in the manner listed in this Agreement;
iv. you waive the rights to object to any derogatory treatment of your submissions by anyone or to
be identified as their author.
v. you also provide each user of Zocal a non-exclusive
license, subject to your specific privacy settings, to access, copy, modify, distribute or display
your submissions.
c. Zocal is not responsible for the content posted, uploaded or submitted by its users nor
is it expected to monitor or control such submissions. Any use or reliance on such submissions is to
be done at your own risk. However, Zocal does reserve the right to copy, modify, distribute or
delete the content that is posted by its users without providing any compensation for the same.
d. By using the services offered by Zocal, you may be exposed to content that may be offensive,
harmful, inaccurate, deceptive or even inappropriate, in which case, you do not consider Zocal
liable for the same.
e. Feedback or other suggestions about Zocal is always appreciated,
but they may be used without any obligation to compensate you for them.
4. Safety
Although we do our best to keep Zocal safe, we cannot guarantee it.
We need you to commit to the following while registering, using or accessing Zocal:
a. You will not send or otherwise post unauthorized commercial communications (such as spam) on Zocal
b. You will not collect users' content or information, or otherwise access Zocal, using automated
means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
c. You will not upload malicious code or viruses.
d. You will not impersonate anyone else.
e. You will not solicit login information or access an account belonging to someone else.
f. You will not post content that is hateful, threatening, or pornographic; incites violence;
or contains nudity or graphic or gratuitous violence.
g. You will not offer any contest, giveaway, or promotions on Zocal without our prior written
consent. If we consent, you take full responsibility for the promotion, and will follow all
applicable laws.
h. You will not circumvent, modify or disable any security related feature on Zocal
or features that prevent or restrict copying of content.
5. Registration & Usage
While registering for an account and using or
maintaining it on Zocal, you commit to the following:
a. You will not provide any false information on Zocal or create an account
for anyone other than yourself without permission.
b. You will provide accurate information about yourself including your correct name,
email address, travel itineraries and any other details that will be submitted.
c. You may only use Zocal if you are not a person that is barred from receiving the services under
the United States law or other applicable jurisdiction.
d. You will not create more than one Zocal account.
e. You will not use Zocal if you are under 18 years of age.
f. You will keep your travel itinerary and contact information up-to-date.
g. You will not share your password, let anyone else access your account or do
anything that may jeopardize the security of your account. Zocal is not liable for any
consequences that result out of a compromised password or account.
h. You will not transfer your account to anyone else without first getting our written consent.
i. You understand that parts of your profile and the information contained (subject to your
privacy settings) may be visible to other members or users of Zocal or even third party websites.
j. You use Zocal only for your personal and non-commercial use.
k. You will not copy or distribute any part of Zocal's services without written authorization.
l. You agree to be shown advertisements that may or may not be related to your interests while using Zocal.
m. Zocal may temporarily stop part or all of its services provided.
n. Zocal is not responsible for the behavior or material posted or uploaded by its users within
and outside the network. We do not pre-screen or monitor any material that is submitted by our users.
o. You will not access, user or tamper with the non-public areas of Zocal, including but not
limited to, the databases, computer systems or technical delivery systems.
p. You will not test, probe or scan the vulnerability of any system or network
or breach or circumvent any security or authentication measures.
q. You will not use Zocal in any way to send altered or deceptive information or to disrupt the
access of any user, host or network, including, without limitation, sending a virus, flooding,
spamming, overloading, mail-bombing or by scripting content in a way to cause undue burden on
the services.
r. Failure to abide by this agreement may result in a temporary or permanent suspension of your account.
6. Intellectual Property Rights
a. All content of Zocal, except user submissions, including but not limited to the text,
scripts, software, photos, graphics, sounds, interactive features and the trademarks, service,
marks and logos contained are all owned by or licensed to Zocal and protected by United States
and foreign laws and international conventions. You will not use Zocal's copyrights or trademarks
without our permission.
b. Save for the personal content submitted by users, all intellectual property rights subsisting in
and in relation to user submissions (including, but without limitation, compilations of user
submissions) are owned by Zocal.
c. You will not post material or upload information that may violate or infringe upon someone else's
rights or violates the law. Zocal can remove such content if we believe it violates the terms
of this Statement.
d. If you collect any information from other users, you shall make it clear that it is you and not
Zocal that is collecting the same and let the user know what you will do with the information.
e. You shall not post any other user's financial or other sensitive information on Zocal.
7. Legal Disputes
a. If you fail to abide by the terms of this agreement or otherwise create risk or legal exposure
for us, we reserve the right to terminate any and all services offered to you.
b. We also reserve the right to remove or refuse to distribute any content on the services
offered and to otherwise terminate users.
c. If anybody notifies us or brings a claim against you related to your actions on Zocal, you
will indemnify and hold us harmless from and against all damages, expenses and losses of any kind
(including reasonable legal fees and costs) related to such claim.
d. We reserve the right to access, read, disclose and preserve any information we believe is
necessary for any legal proceeding including, but without limitation: (i) satisfying an applicable
law, regulation or governmental request, (ii) enforcing the Agreement including investigations of
potential violations, (iii) detecting, preventing or otherwise addressing fraud, security or other
sensitive issues, (iv) responding to user support requests or (v) protecting the rights, property and
safety of Zocal, its users and the public.
e. ZOCAL IS TO BE USED AT YOUR OWN RISK. Though we try to keep it safe, bug-free and up-to-date,
we do not guarantee it and provide Zocal "AS-IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES,
including but not limited to, implied warranties of merchantability, fitness for a purpose and
non-infringement. We make no warranty and disclaim all responsibility and liability for the
completeness, timeliness, availability, accuracy, security or reliability of our Services or any
content thereon.
f. ZOCAL IS NOT RESPONSIBLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER HARM
RESULTING FROM YOU ACCESSING ZOCAL AND ITS SERVICES. ZOCAL IS ALSO NOT RESPONSIBLE OR LIABLE
FOR THE DELETION OF OR FAILURE TO STORE OR TRANSMIT ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY
ITS SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR BE AVAILABLE
ON AN UNINTERRUPTED, ERROR-FREE AND SECURE BASIS. NO ADVICE OR INFORMATION OTHERWISE RECEIVED FROM
ZOCAL, ORAL OR WRITTEN, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
g. ZOCAL IS NOT RESPONSIBLE FOR THE ACTIONS, INFORMATION, CONTENT OR DATA OF THIRD PARTIES AND YOU
RELEASE ZOCAL, OUR SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND
DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED OR CONNECTED TO A CLAIM YOU HAVE
AGAINST SUCH THIRD PARTIES. ZOCAL'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW. WE WILL NOT BE LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL,
OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR IN CONNECTION WITH (i) YOUR ABILITY OR INABILITY TO
ACCESS ZOCAL OR ITS SERVICES (ii) ANY CONTENT OBTAINED FROM THE SERVICES; (iii) ANY CONDUCT OR
CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; 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. THIS SHALL APPLY WHETHER OR NOT ZOCAL HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE.
8. Data storage & processing
Zocal attempts to create a global community
with consistent standards for everyone. However, in doing so, there are special provisions necessary
for users who do not live in the same countries as Zocal's servers and offices are located. In
order to better provide consistent services to all users globally, the following provisions apply to
all users:
a. You consent to having your personal data and user submissions transferred to and
processed, at Zocal's discretion, in a country that you may or may not be affiliated with in any
way, including countries outside the United States.
9. Links to Third Party Websites
Zocal services may contain links to third
party websites. However, you acknowledge and agree that we are not responsible for: (i) the
availability or accuracy of such websites or resources or (ii) the content, products or services on
these websites. Providing such links does not imply any endorsement by Zocal of such websites or
the content contained therein.
10. Jurisdiction & Controlling Law
The Terms and any action related thereto
will be governed by the laws of the State of California without regard to or application of its
conflict of law or your state or country of residence. All legal proceedings, claims, or litigation
arising in connection with the services offered by Zocal will be brought solely in the
San Francisco County, California and you consent to the jurisdiction of the venue in such courts by
waiving any objection as to an inconvenient forum. Zocal makes no representations that the
services offered are appropriate or available for use in other locations. Those who access or use the
Zocal service from other jurisdictions do so of their own volition and are responsible for
compliance with the local law.
11. Entire Agreement
a. This Agreement and our Privacy Policy constitutes the entire exclusive agreement between you and
Zocal regarding the services offered and supersedes and replaces any other agreements between
Zocal and you regarding the services offered.
b. We may revise the Terms from time to time. If the latest changes are of significant consequence,
we shall notify you via an update when you log into Zocal or via the e-mail associated with your
account. By continuing to access or use the services offered after those revisions become effective,
you agree to be bound by the revised Terms.
c. The failure of Zocal to enforce any right or provision in these Terms will not be deemed a
waiver of that right or provision.
d. In the event that any part of the agreement shall be found to be unenforceable by any judicial
decree or decision, the remainder of the Agreement shall still be applicable.
e. Any amendment or waiver to this Agreement must be made in writing and signed by Zocal.
f. The rights and obligations in this Agreement are non-transferable to anyone else whatsoever,
except with our consent.
g. We reserve the right to assign this Agreement or subcontract any or all of our rights and
obligations under this Agreement in the event of a merger, acquisition, sale of assets or by the
operation of the law. However, you may not, without the written consent of Zocal, assign or
dispose of this Agreement.
h. This Agreement does not confer any third party beneficiary rights whatsoever.
i. Nothing in this statement shall prevent us from complying with the law.