Zoovila Terms of Service
Last modified: May 14, 2012
Welcome to Zoovila!
Thanks for using our services (âServicesâ). The Services are provided by Zoovila Inc.
(âZoovilaâ), located at 135 Rio Robles East 266 San Jose, CA 95134.
By using our Services, you are agreeing to these terms. Please read them carefully.
Additional terms will be available should you use our Services to initiate a purchase transaction,
and those additional terms become part of your agreement with us if you initiate a purchase
while using our Services.
PART I: General Terms and Conditions
You must follow any policies made available to you within the Services.
Donât misuse our Services. For example, donât interfere with our Services or try to access them
using a method other than the interface and the instructions that we provide. You may use our
Services only as permitted by law. We may suspend or stop providing our Services to you if you
do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our
Services or the content you access. You may not use content from our Services unless you obtain
permission from its owner or are otherwise permitted by law. These terms do not grant you the
right to use any branding or logos used in our Services. Donât remove, obscure, or alter any legal
notices displayed in or along with our Services.
Our Services display some content that is not Zoovilaâs. This content is the sole responsibility
of the entity that makes it available. We may review content to determine whether it is illegal or
violates our policies, and we may remove or refuse to display content that we reasonably believe
violates our policies or the law. But that does not necessarily mean that we review all content, so
please donât assume that we do.
In connection with your use of the Services, we may send you service announcements,
administrative messages, and other information. You may opt out of some of those
Your Zoovila Account
You may need a Zoovila Account in order to use some of our Services. If you are using a
Zoovila Account assigned to you by an administrator, different or additional terms may apply
and your administrator may be able to access or disable your account.
Privacy and Copyright Protection
Zoovilaâs privacy policies explain how we treat your personal data and protect your privacy
when you use our Services. By using our Services, you agree that Zoovila can use such data in
accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat
infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If
you think somebody is violating your copyrights and want to notify us, you can find information
about submitting notices and Zoovilaâs policy about responding to notices in our Help Center.
About Software in our Services
When a Service requires or includes downloadable software, this software may update
automatically on your device once a new version or feature is available. Some Services may let
you adjust your automatic update settings.
Zoovila gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license
to use the software provided to you by Zoovila as part of the Services. This license is for the sole
purpose of enabling you to use and enjoy the benefit of the Services as provided by Zoovila, in
the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any
part of our Services or included software, nor may you reverse engineer or attempt to extract
the source code of that software, unless laws prohibit those restrictions or you have our written
Some software used in our Services may be offered under an open source license that we will
make available to you. There may be provisions in the open source license that expressly
override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities
or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although weâll be sorry to see you go. Zoovila may
also stop providing Services to you, or add or create new limits to our Services at any time.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope
that you will enjoy using them. But there are certain things that we donât promise about our
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL
TERMS, Zoovila MAKES NO SPECIFIC PROMISES ABOUT THE SERVICES.
FOR EXAMPLE, WE DONâT MAKE ANY COMMITMENTS ABOUT THE CONTENT
WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR
RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE
THE SERVICES âAS ISâ.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL
Liability for our Services
WHEN PERMITTED BY LAW, Zoovila WILL NOT BE RESPONSIBLE FOR LOST
PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF Zoovila FOR
ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES,
IS LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO US TO USE THE SERVICES (OR,
IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). PLEASE NOTE THAT
IN MOST CASES YOU PAY US NOTHING TO USE THESE SERVICES (SEE PART II:
IN ALL CASES, Zoovila WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT
IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will
hold harmless and indemnify Zoovila and its affiliates, officers, agents, and employees from
any claim, suit or action arising from or related to the use of the Services or violation of these
terms, including any liability or expense arising from claims, losses, damages, suits, judgments,
litigation costs and attorneysâ fees.
PART II: Ticket Services
Ticket Service Limitation of Liability
THE BANDS, VENUES, BROKERS, RESELLERS AND OTHER SUPPLIERS PROVIDING
TICKETING OR OTHER SERVICES THROUGH THE SITE (COLLECTIVELY, "TICKET
SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR
EMPLOYEES OF Zoovila PARTIES. Zoovila DOSE NOT ASSUME LIABILITY
FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN
ACT OR OMISSION OF A TICKET SUPPLIER, INCLUDING, WITHOUT LIMITATION,
AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TICKET SUPPLIER, OR AN ACT
OF GOD. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE
AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY,
MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS,
WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL.
NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS,
DELAYS, FAILURE TO MAKE EVENTS OR ACTS OF ANY GOVERNMENTAL
PART III: About These Terms
We may modify these terms or any additional terms that apply to a Service to, for example,
reflect changes to the law or changes to our Services. You should look at the terms regularly.
Weâll post the date of the last modification to these terms on this page. Weâll post notice of
modified additional terms in the applicable Service. Changes will not apply retroactively.
However, changes addressing new functions for a Service or changes made for legal reasons will
be effective immediately. If you do not agree to the modified terms for a Service, you should
discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will
control for that conflict.
These terms control the relationship between Zoovila and you. They do not create any third party
If you do not comply with these terms, and we donât take action right away, this doesnât mean
that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of California, U.S.A., excluding Californiaâs conflict of laws rules, will apply to any
disputes arising out of or relating to these terms or the Services. All claims arising out of or
relating to these terms or the Services will be litigated exclusively in the federal or state courts
of Santa Clara County, California, USA, and you and Zoovila consent to personal jurisdiction in