ZacKick™ TERMS/ PRIVACY POLICY

Welcome to the website of ZacKick ("ZacKick.com"). This ZacKick.com site is operated by
ZacKick Inc. and may be collectively referred to herein as "we," "us," or "our." This privacy
policy is intended for all users of ZacKick and www.ZacKick.com.
TERMS OF SERVICES (TOS)
Please note that your use of ZacKick.com is subject to the following terms of service. If you do not agree
with any of the following terms, please terminate your use of ZacKick.com or any information or materials
contained on this site. Continuing use of ZacKick.com shall be deemed to be an agreement to abide by
each of the terms set forth below. The Terms of Services may be updated by ZacKick.com sporadically
with or without notice to you. Your continued use of ZacKick.com indicates that you agree to accept any
modifications to the terms of service.
Without limiting any other provisions of this Policy, the user agrees not to engage with this
site for any purpose that is unlawful or prohibited by judicial law, this Agreement and/or
any applicable additional terms. Your access to ZacKick.com may be terminated
immediately according to our sole discretion, with or without notice, if you fail to abide by
any provision of this agreement and/or additional terms, or for any other reason, or no
reason. You expressly agree not to:
· Use this Site or its contents for any commercial purpose;
· Access, monitor or plagiarise the content or information of this website using
any software or any manual process for any purpose without the express written
permission of ZacKick;
· Take any action that imposes, or may impose, to be determined at our
discretion, an unreasonable or disproportionate burden on our infrastructure; and
· "frame", "mirror" or otherwise incorporate any part of this site into the content
of any other website or publication without prior permission in writing.
Eligibility
Use of the services available on the ZacKick website and registration is void where
prohibited. By using this site, you represent and warrant that (a) all information you submit
is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are
18 years of age or older; and (d) your use of the Services does not violate any applicable
law or regulation. Your profile may be deleted and your registration may be terminated
without warning if we believe that you are under 18 years of age or have otherwise violated
these Terms.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting
(including private messages) by you, or to deny, restrict, suspend or terminate your access
to all or any part of the Services if we determine, in our sole discretion, that you have
violated these Terms.
Registration
In order to gain access to the services we offer on our web site, a new user must first
complete our registration form. During registration, it is necessary that the user disclose
contact information (such as name and email address). It may be optional for the user to
disclose demographic information as well (ex. income level and gender), and unique
identifiers (such as a user name). We encourage full disclosure of all possible details in
order for ZacKick.com to provide a more customized experience on our site.
While ZacKick.com exercises all necessary caution to protect your privacy, ZacKick.com and
its affiliates will not be held responsible for parties who attempt to access our web site
illegally and intercept or access transmissions or private communications.
Unless described otherwise in this privacy policy, ZacKick.com will never sell or disclose any
information about visitors to this website. All information collected by ZacKick.com will be
used solely by ZacKick.com to help improve our products and our customer service.
Without limiting the foregoing, the following behaviors are strictly prohibited in the context
of any forum of the ZacKick website or correspondence directed towards a company
representative:
· Obscene, hostile, vulgar or otherwise harmful language,
· Bigoted, Racist or otherwise prejudiced language,
· Harassing, intimidating, stalking or threatening other site users,
· Slanderous, exploitative or abusive language,
· Internet vandalism,
· Identity fraud or theft,
· Distributing, or advertising illegal content,
· Invasion of privacy,
· Actions that are exploitative or otherwise violent towards minors,
· Posting, providing, transmitting or otherwise making available any materials or
information infringing on the rights of a third party,
· Posting, providing, transmitting or otherwise making available any junk mail or
spam, and
· Posting, uploading, emailing or otherwise transmitting any material that
contains any malicious computer code, or reverse engineering or hacking any
materials on the site.
Disclaimer of User Content:
ZacKick assumes no responsibility for the content posted by visitors to this website and is
unwilling to assume responsibility for statements, activity or other conduct of users. By
default we act as an interface for the online dissemination of user data and bear no
responsibility to screen information before it is published to the web. Users act of their own
accord, representing themselves and taking culpability for their decisions. We may take any
action with respect to user submitted information if and when it is deemed necessary or
appropriate, at our discretion alone.
Visitors to Zackick.com represent and warrant that: (i) He/or She owns the content posted
on or through the Site or otherwise has the right to grant the license set forth below, and
(ii) the posting of such content does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person or entity. The poster agrees to
pay all royalties, fees and any other monies owing any person or entity by reason of any
content posted by him/or her on or through the Services.
By posting content onto this website, the visitor hereby grants us a nonexclusive global license to publish
any and all content submitted to ZacKick.com. The visitor also grants us global nonexclusive adaptation
and resale rights over any content and material submitted to this website. These nonexclusive publishing
license and resale/adaptation rights extend to any materials submitted "for publication" within the site,
including both message board postings and content submitted for uploading and subsequent publishing
within non-message board portions of this website. Neither we nor our staff will be responsible for any
misleading, false or otherwise injurious information and advice communicated on ZacKick.com or for any
results obtained from the use of such information or advice. We will not be liable for any loss or damage
suffered by a user through the user's reliance on information and advice gained on ZacKick.com
Nothing on ZacKick.com shall be considered an endorsement, representation or warranty
with respect to any user or third party, whether in regards to its website, products,
services, hiring, experience, employment or retention practices or otherwise, unless it is
explicitly stated as such.
We reserve the right to reject, refuse to post or delete anything submitted to this website
for any or no reason, including content that in our sole judgment violates the Terms of
Service or which may be offensive, illegal or in violation of the rights of any person or
entity, or harm or threaten the safety of any person or entity. We assume no responsibility
for monitoring the Services for inappropriate content or conduct. If at any time we choose,
at our sole discretion, to monitor the use of Services, we nonetheless assume no
responsibility for the information, materials, products or services provided by our users
may, in whole or part, be unauthorized, impermissible or otherwise violate these Terms. We
assume no responsibility or liability for this material. If you become aware of misuse of the
Services by any reason, please contact us.
We will fully cooperate with any law enforcement authorities or court order requesting or
directing the site to disclose the identity of anyone posting any such information or
materials.
Indemnity
You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers,
agents, vendors or other partners and employees without blame and beyond legal
ramification from any claim or demand, including attorneys' fees, made by any third party
due to or arising out of any material or information posted, provided, transmitted or
otherwise made available by you on this website or through the its services, or by your
violation of these Terms and Conditions, or by your violation of the rights of another.
PRIVACY POLICY
ZacKick is dedicated to upholding the our clients' right to privacy. All provided information, such as e-mail
addresses or any additional personal information transmitted on or through any forms found on our site
will be used solely to enhance your relationship with our company. We strive to develop dynamic, fruitful
interactions with clients that teach us how to better serve you. Our services are designed for and operate
with the protection of your privacy in mind. This Privacy Policy outlines the types of personal information
we gather when you use ZacKick.com’s services, as well as some of the steps we take to safeguard it.
This privacy policy addresses the following areas:
· What personally identifiable information ZacKick.com collects.
· What personally identifiable information third parties collect through the web
site.
· What organization collects the information.
· How ZacKick.com uses the information.
· With whom ZacKick.com may share user information.
· What choices are available to users regarding collection, use and distribution
of the information.
· What types of security procedures are in place to protect the loss, misuse or
alteration of information under the control of ZacKick.com
· How users can correct any inaccuracies in the information.
If users have any questions or concerns regarding this statement, they can direct them to
ZacKick.com and contact us. Any proven violation of this privacy policy may lead to
suspension of user privileges and permanent removal from this web site.
Information Collection
ZacKick.com is the sole owner of the information collected on our website. This site collects
and monitors information from our users at several different points.
Visitors are invited to submit suggestions, ideas, questions, and other information, provided that the
content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing upon intellectual
property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain
software viruses, political rhetoric, commercial solicitation, chain letters, mass mailings, or any form of email
"spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise
mislead representatives of this company as to the origin of a card or other content. ZacKick.com reserves
the right (but is not under the obligation) to remove or edit such content.
Once material is submitted by a visitor to this website, and unless we indicate otherwise, the visitor grants
us and our affiliates a nonexclusive, royalty-free, eternal, irrevocable, and fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. The visitor grants ZacKick.com and its affiliates and sublicensees
the right to use the name that submitted in connection with such content. The visitor represents
and warrants that he or she owns or otherwise controls all of the rights to the submitted content; that the
content is factually accurate; that use of the content supplied does not violate this policy and will not
cause injury to any person or entity; and that he or she will indemnify ZacKick and/or its affiliates for all
claims resulting from content that has been submitted. ZacKick.com has the right but not the obligation to
monitor and edit or remove any activity or content. ZacKick.com takes no responsibility and assumes no
liability for any content posted or on any other portion of this site.
Third Party Content and Monitoring
Any and all advertisements, opinions, statements, services, offers, events or other
information or content expressed or made available on this site by third parties (including
information providers and users) are those of the respective author(s) or distributor(s) and
not of ZacKick.com. ZacKick.com neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice, information, or statement made on this site by anyone
other than authorized employees acting in their official capacities on the clock.
Information Use and Profiles
ZacKick.com automatically stores information collected through cookies, log files and/or third interests in
the visitor's user profile. A profile is stored information that we keep on individual visitors to our site
detailing specific viewing preferences. Subsequently, this collected information is linked to users’
personal information, which directs pertinent marketing promotions to you and helps us improve our site
content for the user. ZacKick.com will never share your profile with other third parties, unless it is
specifically mentioned as a provision elsewhere in this policy.
Cookies
A cookie is a piece of data stored on the user’s computer linked to information about the
user. It is possible that ZacKick.com will use both session ID cookies and persistent cookies.
In the case of the session ID cookie, once users close the browser, the cookie simply
terminates. A persistent cookie is a small text file stored on the user’s hard drive for an
extended period of time. Persistent cookies can be removed by following instructions
located in internet browser help files . Cookies, will be used on ZacKick.com for the purpose
of remembering and recalling login names, login information, previous purchases, potential
purchases, as well as other items that can help us better understand the needs of our
customers and web visitors. By setting a cookie on our site, users are no longer required to
log in with a password more than once, thereby saving time browsing. If users reject the
cookie, they may still use ZacKick.com. There is no penalty for this whatsoever in terms of
being given access to the site, however the user will be limited in some areas. Persistent
cookies enable us to track and target the interests of our users to enhance the experience
on our site. For more details, refer to the section of this policy that discusses user profiles.
We have no control over any third party that may also use cookies to store personal
information. However, we do not provide any information that we gather to any third party,
unless explicitly stated elsewhere.
Aggregate Information (non-personally identifiable)
While ZacKick.com will never rent, sell or share visitor information with any third parties in
general, there are certain instances that could necessitate the sharing of visitor information.
ZacKick.com does share aggregated demographic information and in some cases e-mail
addresses with others. This is how the information would or could be shared:
If ZacKick.com merges with another company, this aggregate information will need to be
shared with the merging company. These are the instances in which we will share the
personal information of our users:
As agreed to at the various sections under ZacKick.com; we do not rent, sell, or share
personal information about our users with other people or non-affiliated companies except
under the following circumstances:
· We have consent.
· We respond to subpoenas, court orders, or legal process, or to establish or
exercise our legal rights or defend against legal claims;
· We provide such information to trusted businesses or persons for the sole
purpose of processing personally identifying information on our behalf. When this is
done, it is subject to agreements that oblige those parties to process such
information only on our instructions and in compliance with this Privacy Policy and
appropriate confidentiality and security measures.
· We believe it is necessary to share information in order to investigate,
prevent, or take action regarding illegal activities, suspected fraud, situations
involving potential threats to the physical safety of any person, violations of the
ZacKick.com terms of use, or as otherwise required by law; We transfer or lease
information about visitors if ZacKick.com is acquired by or merged with another
company. In this event, we will notify relevant parties before information about them
is transferred and becomes subject to a different privacy policy; we do not support
any illegal use of your private information and will make every effort to stop such
practices in order to protect the privacy of individuals.
· Business Transitions: In the event that ZacKick.com goes through a business
transition, such as a merger, being acquired by another company, or selling a
portion of its assets, users personal information will, in most instances, be part of
the assets transferred. Users will be notified via e-mail, as well as with a prominent
notice on our Web site for at least 30 days prior to a change of ownership or control
of their personal information. If as a result of the business transition, the users’
personally identifiable information will be used in a manner different from that stated
at the time of collection, and they will be given choice corresponding to our
notification of changes section.
Links
ZacKick.com may provide visitors with links to other websites. Please be aware that we, ZacKick.com,
are not responsible for the privacy practices of sites other than our own or for the availability of any
external resource or website. We encourage our users to be aware when they leave our site and to read
the privacy statements of each and every web site that collects personally identifiable information. This
privacy statement applies solely to information collected by this web site. ZacKick.com may have cobranding
and/or framing relations with other companies. In this case, you should be familiar with the
privacy policies of both companies, since you may be subject to each of them. We do not endorse and
are not liable for any content, product, statement, advertisement, or any other such thing available on or
through another website and visitors to this website acknowledge that we shall not be directly or indirectly
liable for any damages or losses claimed to be caused by or connected to the use or quotation of any
such content, information, services, or goods accessed through those sites or resources.
Notification of Changes
If we decide to make a change in our privacy policy, it will be posted to this privacy statement, our
homepage, and other places we deem appropriate so that our users are always aware of what
information we collect, how we use it, and under what circumstances, if any, we disclose it. ZacKick.com
will use information in accordance with the privacy policy under which the information was collected. If,
however, we are going to use users’ personally identifiable information in a manner different from that
stated at the time of collection, users will be notified via e-mail. Users will then be presented with a choice
as to whether or not we become authorized to use their information in this different way. However, if
users have opted out of all communication with the site, or deleted/deactivated their account, then they
will not be contacted, nor will their personal information be used in this new manner. In addition, if we
make any material changes in our privacy practices that do not affect user information already stored in
our database, we will post a prominent notice on our Web site notifying users of the change. In some
cases where we post a notice we will also email users (who have opted to receive communications from
ZacKick.com in this manner), notifying them of the changes in our privacy practices.
We take security measures to protect against unauthorized access, alteration, disclosure, or destruction
of data, including physical, electronic, and managerial procedures to the extent that we can. However, we
cannot absolutely guarantee the security of such information if the exchanges include networks, servers,
hardware, or software that are not created, owned, operated, or directly controlled by us. To help
minimize the potential of any risk, we use the industry standard Secure Sockets Layer (SSL) software, to
encrypt financial and otherwise private information when conducting monetary transactions.
ZacKick.com and its affiliates uphold the highest professional standards and understand our
responsibility to respect the rights of our members as well as our guests and affiliates.
Please contact us for any concerns to our terms for warranty or privacy notice.
Protection of Content Provided by ZacKick.com
All content of this website including graphics, text, logos, software, audio, images, video,
icons and other web based components are copyrighted materials owned by or licensed to
ZacKick.com. This content may contain trademarks, service marks and trade names which
are owned by ZacKick.com and its affiliates, and may also contain brand names and product
names which are trademarks, service marks or trade names which are owned by certain
third parties. The Content may be subject to other intellectual property rights, the exercise
of which rights are expressly reserved by ZacKick.com, its affiliates, or third parties.
"ZacKick.com" is a trademark of ZacKick. Unless authorized in writing by an officer of
ZacKick, the trademarks of this website may not be used in connection with any product or
service that is not ours, in any manner that is likely to cause confusion among consumers,
or in any manner that defames or disparages ZacKick.com. No other entity may
impersonate, reproduce, sell, resell, modify, display, prepare works derivative of, re-post,
or exploit for any commercial purpose, or otherwise use any of the content in any way for
any public or commercial purpose without prior written consent of ZacKick.com. You may
not use our web content on any other site or publish it on the internet for any other
purpose. If you violate any of these terms, your permission to use the content will
automatically terminate, you must immediately destroy any copies you have made of the
content, and we may end your authorization to use the ZacKick.com. Nothing contained on
this site shall be construed as conferring any license or right under any copyright, trade
secret, patent, trademark or other intellectual property rights ("IP Rights") of ZacKick.com,
its affiliates, or any third party, and, except as provided in these Terms of Service, the
exercise of all such IP Rights in the services, products, processes or technologies described
in the Site Content are expressly reserved to ZacKick.com, its affiliates, and/or any third
party, as applicable.
Disclaimers and Limitation of Liability
Visitors to the ZacKick website automatically agree that its content is provided "As-Is" and
that ZacKick assumes no responsibility for the ability of an individual to (or any costs or
fees associated with the ability to) obtain access to this website. Nor do we assume any
liability for the failure to store or maintain any user communications or personal settings.
No information, news, advice, whether oral or written that can be obtained on this website or through its
visitors or services shall create any warranty not outlined in this policy. In no instance shall this site be
liable to visitors or third parties for any damages including lost profit that result from the use of the
ZacKick website or its services whatsoever. The visitor's use of ZacKick.com is at his or her own risk and
discretion and he or she assumes full responsibility for all costs derived from the necessity to repair or
service any or all equipment used in connection with the visit to this website. ZacKick.com and its
suppliers do not claim that the website is suitable, reliable, available, timely, or accurate by any
measurable standard. The content herein is "as available".
Contacting ZacKick.com
If you have questions or concerns about the ZacKick.com guidelines, policies, procedures,
you can contact us via email at: info@zackick.com .