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Privacy Policy
This Zwaggle Privacy Policy is a statement that discloses the privacy practices for the Zwaggle website found at www.zwaggle.com. The purpose of this policy is to notify you of what information Zwaggle collects on its website, how it will be used, and what options are available to you regarding the collection, correction, and/or deletion of information. Any future changes to Zwaggle's Privacy Policy will be prominently posted on the Zwaggle website.
If you have questions or concerns regarding this policy, you should contact Zwaggle by sending email to privacy@zwaggle.com.
Information Zwaggle Collects and How It's Used
Registration Information, Profiles, and Other Information
Zwaggle Zwaggle collects a wide variety of Information as described in this Section that it uses to provide its membership services and general information services on its website ("Services"). To process membership enrollments, Zwaggle may require your name, address, phone number, email address, demographic data, and credit card information. Zwaggle also collects information related to the software you are using and your preferences, activities, and transactions at the Zwaggle website. Zwaggle also collects information related to discussions, chats, and other correspondence through the Zwaggle website. Zwaggle may occasionally send you newsletters and email you notifications of promotions or other new information at Zwaggle and/or the industry. Zwaggle will only share your credit card information with the credit card, shipping, verification processors for the limited purposes of checking certain portions of the information you provide to enhance the quality of the Services and processing your credit card transaction. Zwaggle may also enter into agreements with third parties to assist Zwaggle with the processing of information and the facilitation of Zwaggle's Services. In addition, Zwaggle may enter into partnerships with third parties that provide products and services related to Zwaggle's Services that may be of interest to you ("Partners") and would therefore share non-financial information with such Partners. If you would rather not receive emails about noteworthy news, new products, promotions, or other or information from Partners, please see the section below labeled "Choice/Opt-Out".
Zwaggle may also use demographic data to tailor a user's experience at Zwaggle's website, showing you content that Zwaggle thinks you might be interested in, and displaying the content according to their preferences. Zwaggle may also use any information it collects to improve the Services.
Because of the Nature of the Services, your User ID, contact information, and past and current activities on the Zwaggle website will be available to users of the Zwaggle website and generally not changeable or removable. You will also have access to the same information of other users and your use of such information is restricted as stated in the Agreement.
Zwaggle takes the privacy of your personal information very seriously. Zwaggle will not otherwise sell your information to any third parties.
Public Forums
Zwaggle may make message boards, user comments, reviews, transaction feedback, chat rooms, and the like available to its users and visitors. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose any personally identifying information.
Cookies, IP Addresses and Backups
Zwaggle also logs IP addresses for backup, systems administration, and related purposes. The Zwaggle website uses cookies to keep track of some types of information while you are visiting or using Zwaggle. Cookies are very small files placed on your computer, so that when you return to Zwaggle, Zwaggle can identify you. Cookies are needed for the Zwaggle website to operate properly. If your browser is set to reject all cookies, the website will not function properly.
Legal Disclaimer
Though Zwaggle make's every effort to preserve user privacy, Zwaggle may disclose information you provide if required to do so by law or if Zwaggle has a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on us or (2) protect and defend Zwaggle's rights or property.
Age Restrictions
Zwaggle's Services are not intended for persons under the age of 18. By completing any registration and/or otherwise using the Services, you represent that you are at least 18 years of age. If you are under the age of 18, you are not permitted to use the Services.
Security
Zwaggle has reasonable security measures in place to protect the loss, misuse and alteration of the information stored in Zwaggle's database. These measures include the use of Secure Sockets Layer (SSL) technology during credit card transactions and administrative access to website data. Although Zwaggle will exercise reasonable care in providing secure transmission of information between your computer and Zwaggle's servers, Zwaggle cannot ensure or warrant the security of any information transmitted to us over the Internet and Zwaggle accepts no liability for any unintentional disclosure.
Policies and Remedies
Links to Other Websites; Listed Items
Zwaggle is not responsible for the privacy practices or the content of other websites that may be linked to this website.
Choice/Opt-Out
Users may opt-out of receiving further communications from Zwaggle and/or Partners by sending an email stating such to privacy@zwaggle.com with the word "Remove" in the subject field. Zwaggle will remove the user from its further communications in accordance with Zwaggle's standard removal schedules. Please be aware that certain communications, such as e-mails inquiring about, initiating, and/or completing a transaction and notifying you about certain security issues, are fundamental to the Services and Zwaggle cannot provide the Services without them. You will continue to receive those communications even if you opt-out so that you can use the Services.
Correct/Update
You may change or modify certain personal user and enrollment information by logging into the "My Account" screen and modifying the applicable information. In the event you have trouble modifying your information, you may send an e-mail to privacy@zwaggle.com with the word "Change" in the subject field and instructions for the associated changes. In either case, Zwaggle will update the information, as applicable, in accordance with Zwaggle's standard update schedules.
Contacting the Website
If you have any questions about this Privacy Policy, the practices of this website, or your dealings with the Zwaggle website, you may send an e-mail to privacy@zwaggle.com.
Zwaggle
Zwaggle is a trade name of 50 Degrees, Inc. and any applicable reference to Zwaggle includes and is the responsibility of 50 Degrees. Therefore, 50 Degrees is responsible for this Privacy Policy and the practices embodied in it. 50 Degrees owns any and all intellectual property rights in 50 Degrees, including but not limited to, the 50 Degrees and Zwaggle names, any logos, the zwaggle.com website(s) and any and all rights in its software, documentation, trade secrets, and the like.
Acceptance of Privacy Policy
Your use of Zwaggle's website, including any dispute concerning privacy, is subject to this Privacy Policy and the Zwaggle End User Agreement ("Agreement"). BY USING ZWAGGLE'S WEBSITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY AND THE AGREEMENT. Zwaggle reserves the right to modify this Privacy Policy at any time by posting the changes on this webpage. Your continued use of any portion of Zwaggle's website following posting of the updated Privacy Policy will constitute your acceptance of the changes.
Terms and Conditions
ZWAGGLE INDIVIDUAL END-USER AGREEMENT
Effective as of September 21, 2007
(Superseding Zwaggle End-User Agreement effective May 25, 2007)
This Zwaggle Individual End-User Agreement ("Agreement") is entered in by and between 50 Degrees Corp., a Delaware corporation, doing business as Zwaggle ("Zwaggle") and you ("You," "Your"), and is made effective as of the date of electronic execution by You or Your use of the Zwaggle website (the "Site"). This Agreement sets forth the terms and conditions of Your use or access of the Site and Zwaggle's services offered through the Site (the "Services"). You agree that the Services are offered to You for entertainment and community-building purposes only. This Agreement explains Zwaggle's exclusive obligations to You and Your exclusive obligations to Zwaggle in relation to the Services and Your use and access of the Site. If You do not agree to the terms of this Agreement, You are not permitted to, and You agree not to, use the Services and/or use or access the Site.
This Agreement as well as any additional Zwaggle policies referenced herein, together with all modifications thereto, constitute the complete and exclusive agreement between You and Zwaggle concerning Your use of Zwaggle's Services, and supersede and govern all prior proposals, agreements, or other communications. By accepting this Agreement, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement.
INTRODUCTION
The Site and the Services offered through the Site are designed to allow registered users to participate in a gift-giving game to attempt to build a sense of community. The Site and the Services are meant to allow parents and guardians a way to give items to similarly situated parents and guardians; rather than throwing these items away or (worse) storing them for years in a damp basement or stuffy attic. In turn, the recipients of these gifts are encouraged through the Site to give away other items they may own to other registered members. As of August 2007, the Site has allowed organizations claiming nonprofit status to become registered users (each a "Registered Nonprofit" and collectively, the "Registered Nonprofits") to allow individual registered users the ability to donate items which can either (a) be used by a Registered Nonprofit in exchange for Zoints or (b) be given by the Registered Nonprofit to other registered users in exchange for Zoints which can then be used by the Registered Nonprofit to obtain items that are of use by charitable beneficiaries of its organization.
You must register with Zwaggle in order to use the Site and Services offered. Before our online systems will permit You to list an item through our Site, we may require You to provide the information requested by our online registration form, including some personal information such as Your name, address, and credit card information (used solely for processing the Services provided as described herein). Zwaggle maintains all of Your personal information in a database (Your "User Profile"). You may update or correct information contained in Your User Profile by contacting us, or by using forms that may be provided within the Site to do so. We will treat Your User Profile according to the terms of our Privacy Policy which is hereby incorporated to this Agreement and defined below for Your reference.
1. TERM OF AGREEMENT; MODIFICATIONS. You agree that Zwaggle may modify this Agreement and the Services from time-to-time in Zwaggle's sole discretion without further notice. A current version of this Agreement will always be available via the Site's homepage. Through Your continued use of the Site and the Services, You agree to be bound by any changes Zwaggle may reasonably make to this Agreement when such changes are made. It is Your responsibility to regularly review this Agreement. The term of this Agreement shall continue in full force and effect for the period of time as stated in the applicable enrollment screen ("Term"). This Agreement shall then automatically renew for an additional terms equal to the length of the Term or as otherwise stated in the applicable enrollment screen for the processing of the applicable renewal ("Renewal Term").
You may terminate this Agreement, thereby canceling your participation as a User of this Site at any time and for any reason by providing notice to us by choosing to cancel your membership using the tools provided for that purpose within the User Profile area of the Site. Zwaggle may temporarily suspend your access to the Site if you are in breach of the terms of this Agreement.
Zwaggle reserves the right to terminate this Agreement immediately by providing You notice of such, in the event of any breach of the Agreement by You (including but not limited to a breach of Section 2) or any use of the Services that are inconsistent with Zwaggle's intended use of the Service, as Zwaggle determines in its sole discretion.
2. REPRESENTATIONS AND USE RESTRICTIONS. Your right to use the Services is a non-transferable right. You may share Your account with the members of Your household as long as You continue to remain fully responsible for household members' use of the Services. You and Your household are only permitted to have one account per Your household where You reside. You may not use the Services for any commercial purpose, including but not limited to, reselling the Services and providing access or invitations to the Services. You acknowledge that any products or services received by You as a result of Your use of the Services ("Goods") are provided by third-parties solely as gifts and specifically not owned and/or provided by Zwaggle. You represent that You a) are at least eighteen (18) years of age; b) will only offer items that You are the rightful property owner of and that no third party has any economic or other interest in; c) will only offer such items through the Site strictly as gifts to other users of the Services; and d) will only provide true, accurate, current, and complete information about You to the Site and that Zwaggle shall own any and all rights in any information submitted by You to the Site. You represent that You will not a) intimidate or harass another user of the Site; b) use or attempt to use another user's account; c) create a false identity on the Site; d) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, overburden, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; e) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; f) upload, post, email, transmit or otherwise make available any harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable materials; g) harvest or collect email addresses or other contact information or use automated scripts to collect information from the Site for any other purpose that to communicated directly to a specific user; h) copy, modify, translate, prepare derivative works, reverse engineer, decompile, disassemble, and/or unbundle the Services; or i) use the Site or Service for any commercial purpose. You agree that Zwaggle may use and rely on any information provided by You in any manner, including but not limited to, Your contributed content, for reviews, descriptions, and article notes, subject to Zwaggle's Privacy Policy.
3. PAYMENT. Any fees charged by Zwaggle for Your use of the Services of the Site shall be as stated in the applicable enrollment screen and shall be payable by credit card only and shall be due upon Your enrollment for the Services. All fees are exclusive of taxes and You shall be solely responsible for reporting and remitting any and all taxes and levies of any kind to local, state and federal authorities. You acknowledge that You are solely responsible for determining whether Your use of the Services creates any additional tax consequences and/or governmental filing requirements for You, including, without limitation, any gift taxes and gift tax reporting. All payments made to Zwaggle are non-refundable. Zwaggle may modify the fees charged by Zwaggle for any Renewal Term.
4. RECEIPTS FOR CHARITABLE DONATIONS OF GOODS. Any receipt received by You from a Registered Nonprofit, directly from the Registered Nonprofit or through the Site, shall be deemed a receipt issued directly by the Registered Nonprofit to You. Zwaggle has no responsibility for the accuracy of any such receipt(s). .
5. ZOINTS; NO VALUE. As part of the Service, Zwaggle may elect to award or deduct Your account with zoints, credits, or the like ("Zoints") for any reason in order to enhance the gift-giving game experience the Service is striving to create. You acknowledge and agree that Zoints are strictly analogous to life credits used in video games and the like. As such, Zoints have no value whatsoever and, therefore, cannot be transferred, assigned or sold in any manner, except for as provided by the Service. Any accrued but unused Zoints, that You have 1) thirty (30) days past the end of the Term or applicable Renewal Term or 2) prior to Zwaggle otherwise terminating this Agreement in accordance with Section 1 shall be discarded and no longer usable by You through the Site and/or Service.
6. PRIVACY AND COPYRIGHT. You can view Zwaggle's Privacy Policy at http://www.zwaggle.com/legal.php#privacy, as amended from time-to-time, which is incorporated herein by reference. Zwaggle will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. In the event You reasonably believe that an item offered on the Zwaggle website infringes the intellectual property rights of a third party, please notify Zwaggle at legal@zwaggle.com.
7. ACCOUNT SECURITY. You agree You are entirely responsible for maintaining the confidentiality of any password and account information that You may create now or in the future. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Zwaggle immediately of any unauthorized use of Your account or any other breach of security. You agree Zwaggle will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge.
8. INTELLECTUAL PROPERTY. You agree that Zwaggle or its licensors holds all rights, title and interest in the Services and all intellectual property, including other rights related to intangible property related thereto, including but not limited to copyrights, patents, Trademarks, and trade secrets ("Intellectual Property"). You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials of the Zwaggle website, without the express written permission of Zwaggle.
9. WARRANTIES. You, or any individual that electronically executes this Agreement on behalf of You, hereby represent and warrant that You (and they, where applicable) have the right, power, legal capacity and appropriate authority to enter into this Agreement and acknowledge that goods given to You through the use of the Services may be "used" and are provided in strictly "AS IS" condition.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL ZWAGGLE OR ANY OTHER USER OF THE SERVICE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES ("LOSSES AND DAMAGES"), YOUR INABILITY TO USE THE SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF ZWAGGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZWAGGLE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF ANY USE OF OR OTHERWISE RELATED TO THE GOODS, INCLUDING DIRECT DAMAGES. SOME STATES MAY NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS ON LIABILITY FOR DAMAGES AS CONTAINED HEREIN. IN SUCH STATES, ZWAGGLE'S LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW. YOU AGREE THAT IN NO EVENT SHALL ZWAGGLE'S MAXIMUM AGGREGATE LIABILITY EXCEED $100.00 (US).
11. DISCLAIMER OF WARRANTIES. ZWAGGLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND AS TO ANY OF THE FOREGOING OR OTHERWISE, AS THEY RELATE TO ANY GOODS. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ZWAGGLE MAKES NO WARRANTY THAT THE SERVICES AND/OR ANY GOODS WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ZWAGGLE DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES OR ANY GOODS, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CONDITION, OR OTHERWISE. THE SERVICES MAY CONTAIN SOFTWARE PROVIDED BY THIRD-PARTIES ("THIRD-PARTY SOFTWARE"). THIRD-PARTY SOFTWARE IS PROVIDED AS-IS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THAT FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
12. USER DISPUTES. You are solely responsible for Your interactions with other users of the Service and advertisers that may advertise or post on the Site. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT NO USER IS OBLIGATED IN ANY MANNER (IN LAW OR IN EQUITY) TO GIVE YOU ANY GOODS; RATHER (LIKE ALL GIFT GIVING ACTIVITIES) A USER'S DECISION TO GIVE YOU ANY GOOD IS COMPLETELY AT HIS/HER DISCRETION. Your sole and exclusive remedy if a user promises to give You a Good and fails to do so is to report such user's behavior to the Site. Zwaggle reserves the right, but has no obligation, to monitor disputes between You and other users and advertisers and to take action (in Zwaggle's complete and sole discretion) against users that are preventing the Site from fulfilling its community-building mission. You will not hold Zwaggle responsible for advertisers or other users' actions or inactions. You will not hold Zwaggle responsible for the actions of any Registered Nonprofit or any violation by the Registered Nonprofit of any term of the Zwaggle Nonprofit User Agreement (which can be reviewed at http://www.zwaggle.com/legal#charities). You acknowledge that Zwaggle is solely a facilitator and promoter of information provided to it by its users and does so for community-building and entertainment purposes. Zwaggle has no control over and does not guarantee (a) the truth or accuracy of any assertion made by any registered user (including any Registered Nonprofit) or any advertisements, user posts, or other content posted on the Site or (b) that any advertiser will actually complete a transaction with You or a user will actually gift Goods to You at all or to Your satisfaction. If You have any disputes whatsoever with an advertiser or a user (including any Registered Nonprofit), You release Zwaggle (and our employs, officers, directors, agents, subsidiaries, joint ventures, successors and assigns) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code Section 1542, which says:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
13. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Zwaggle and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, Services with Zwaggle whether or not on Your behalf, and whether or not with Your permission) use of the Services or your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Zwaggle harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein or any negligence or willful misrepresentation or misconduct by You. You agree that Zwaggle shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Zwaggle of any such claim promptly in writing and to allow Zwaggle to control the proceedings. You agree to cooperate fully with Zwaggle during such proceedings.
14. GENERAL.
14.1 GOVERNING LAW, DISPUTE RESOLUTION. This Agreement shall be deemed to be entered into in and governed by the laws of the State of Colorado. Except for matters relating to the infringement of Zwaggle's intellectual property, in the event of a dispute, each party shall notify the other party of the dispute and provide a reasonable description of the dispute. Each party shall use good faith efforts to resolve the dispute within ten (10) business days after receipt of a dispute notice. If the parties' business representatives are unable to resolve the dispute, or agree upon the appropriate corrective action to be taken within such ten (10) business days, then either party may submit the dispute to arbitration, under the rules of the American Arbitration Association, or any comparable entity which You and Zwaggle may agree to in writing. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, Zwaggle has the right to seek injunctive relief from any court of competent jurisdiction to protect its rights in intellectual property and confidential information.
14.2 NOTICES. All notices shall be in writing. You agree that all notices sent to You by any means set forth in Your User Profile will be effective when sent. If you fail to provide or update valid contact information as required by your User Profile, You waive your right to receive Notices under this Agreement during the period of such failure. Alternatively, any notices given by Zwaggle to all Zwaggle Users may be given by posting information within the Site. Notices from You to Zwaggle shall be given by email to the appropriate address provided by Zwaggle within the Zwaggle Site, and will be deemed given when actually received by Zwaggle.
14.3 HEADINGS. The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
14.4 ASSIGNMENT. You may not assign this Agreement for any reason. Any such attempted assignment shall be null and void and a breach of this Agreement.
14.5 INDEPENDENT PARTIES. Nothing herein shall be deemed to establish a partnership, joint venture, or agency relationship between the parties. Neither party shall have the right to obligate or bind the other party in any manner to any third party.
14.6 SEVERABILITY. You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
14.7 WAIVER. The failure of Zwaggle to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Zwaggle thereafter to enforce such provisions.
14.8 FORCE MAJEURE. Zwaggle will make reasonable efforts to keep its Site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Zwaggle liable for any of the consequences of such interruptions.
14.9 LEGAL USE. Recognizing the global nature of the Internet, You agree to comply with all local rules regarding Your participation on the Site and use of the Service, and with respect to online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. You assume full responsibility for compliance with all local, state and national laws and agree to indemnify and hold Zwaggle harmless for any violation of any such law arising out of or related to Your use of the Site.
14.10 SURVIVAL. Sections 2, 5 and 6-14 shall survive this Agreement.
Nonprofit User Agreement
ZWAGGLE NONPROFIT USER AGREEMENT
Effective as of September 17, 2007
This Zwaggle NonProfit User Agreement ("Agreement") is entered in by and between 50 Degrees Corp., a Delaware corporation, doing business as Zwaggle ("Zwaggle") and your nonprofit organization ("You" or "Your Organization"), and is made effective as of the date of electronic execution by You or by otherwise using the Zwaggle website (the "Site"). This Agreement sets forth the terms and conditions of Your Organization's use or access of the Site and Zwaggle's services offered through the Site (the "Services"). You agree that the Services are offered to Your Organization for community-building purposes and entertainment only. This Agreement explains Zwaggle's exclusive obligations to Your Organization and Your Organization's exclusive obligations to Zwaggle in relation to the Services and Your Organization's use and access of the Site. If Your Organization does not agree to the terms of this Agreement, You are not permitted to, and you agree not to, use the Services and/or use or access the Site.
This Agreement as well as any additional Zwaggle policies referenced herein, together with all modifications thereto, constitute the complete and exclusive agreement between You and Zwaggle concerning your use of Zwaggle's Services, and supersede and govern all prior proposals, agreements, or other communications. By accepting this Agreement, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement.
INTRODUCTION
The Site and the Services offered through the Site are designed to allow registered users to participate in a gift-giving game to attempt to build a sense of community. The Site and the Services are meant to allow parents and guardians a way to give items to similarly situated parents and guardians; rather than throwing these items away or (worse) storing them for years in a damp basement or stuffy attic. In turn, the recipients of these gifts are encouraged through the Site to give away other items they may own to other registered members.
In the case of nonprofit organizations like yours, the Site and the Services are meant to allow registered users ("Donors") to donate items which can either (a) be used by the charitable beneficiaries of your organization in exchange for Zoints or (b) be given by Your Organization to other registered users in exchange for Zoints which can then be used to obtain items that are of use by charitable beneficiaries of your organization.
1. ELIGIBILITY. In order to register as a Zwaggle Nonprofit User, Your Organization must be a tax deductible organization in "good standing" or otherwise be eligible to receive tax-deductible contributions at all times while this Agreement remains in effect. In other words, Your Organization must meet the requirements necessary pursuant to Section 170(c) of the Internal Revenue Code of 1986, as amended (the "Code"), to be treated as a public charity by the Internal Revenue Service ("IRS"), and Zwaggle must not have received any information that your organization has problems with its public accountability. As part of the registration process, You agree to provide to Zwaggle written documentation suitable to Zwaggle that evidences the foregoing, such as a copy of your Code Section 501(c)(3) determination letter from the IRS, or other requested proof of your tax-deductible status ("Proof of Status"), and You will promptly update that documentation whenever necessary to maintain its accuracy and completeness. You agree promptly to notify Zwaggle upon the occurrence of (a) any change in your status as a tax-deductible organization or (b) the occurrence of any inquiry by the IRS or any state or local government regarding the foregoing, and to provide Zwaggle any additional information that we may reasonably require related to the foregoing.
2. OBLIGATIONS OF NONPROFITS. In order to provide information about Your Organization to other registered users, You must provide us a suitable written statement that describes the organization and its nonprofit purposes and objectives (a "Nonprofit Profile"). Each such Nonprofit Profile must meet our guidelines for length, formatting, etc., must comply with all of the standards and covenants in this Agreement, and must otherwise be reasonably acceptable to us. You agree to provide a Nonprofit Profile to us in an electronic text format (and, if we request, in a printed hardcopy form), and You agree to update your Nonprofit Profile from time to time if we request or whenever necessary to maintain its accuracy. Zwaggle will use Your Organization's logos and other trademarks in connection with the activities contemplated in this Agreement. If Your Organization has a logo, You agree to provide a copy of that logo to Zwaggle in an electronic graphics file that meets our technical requirements (per the instructions available on the Site). You hereby grant Zwaggle a non-exclusive license to use Your Organization's name and logos during the term of this Agreement in connection with identifying Your Organization. Zwaggle acknowledges that You retain ownership of your trademarks, trade names and servicemarks and any associated goodwill. Your Organization bears sole responsibility for complying with all laws, rules and regulations applicable to your activities under this Agreement and to Your Organization's status as a tax-deductible organization. You understand that Your Organization may have obligations to register under state or local laws regarding charitable solicitations, and Zwaggle has no obligation to assist You with any such registration; nor shall we have any liability for your failure to register properly, if such registration is required. You agree to bear all costs associated with Your Organization's compliance with such requirements. You agree that, for purposes of state charitable solicitation laws or regulations, nothing in this Agreement is intended to cause Zwaggle in any way to act as a professional fundraiser or fundraising counsel on your behalf. You will utilize any and all donations received pursuant to this Agreement solely in accordance with your status as a Tax-Deductible Organization. We expect all Your Organization to meet Zwaggle's high ethical standards, including, without limitation, our policies regarding the kinds of nonprofit organizations that are appropriate for participation in the Zwaggle community.
3. TERM OF AGREEMENT; MODIFICATIONS. You agree that Zwaggle may modify this Agreement and the Services from time-to-time in Zwaggle's sole discretion without further notice. A current version of this Agreement will always be available via the Site's homepage. Through your continued use of and participation in the Site and the Services, You agree to be bound by any changes Zwaggle may reasonably make to this Agreement when such changes are made. It is your responsibility to regularly review this Agreement. The term of this Agreement shall continue in full force and effect for the period of time as stated in the applicable enrollment screen ("Term"). This Agreement shall then automatically renew for an additional terms equal to the length of the Term or as otherwise stated in the applicable enrollment screen for the processing of the applicable renewal ("Renewal Term").
Your Organization may terminate this Agreement, thereby canceling your participation as a Nonprofit User of this Site at any time and for any reason by providing notice to us by choosing to cancel your membership using the tools provided for that purpose within the Nonprofit Area of the Zwaggle Site. We may temporarily suspend your access to the Site if you are in breach of the terms of this Agreement. Zwaggle also reserves the right to terminate this Agreement immediately by providing Your Organization notice of such, in the event of any breach of the Agreement by Your Organization (including but not limited to a breach of Section 2) or any use of the Services that are inconsistent with Zwaggle's intended use of the Service, as Zwaggle determines in its sole discretion. Upon termination of this Agreement, Zwaggle will exercise reasonable efforts promptly to remove your Nonprofit Profile and logo(s) from the Site, as well as any reference to Your Organization as a registered user. Upon such removal, the licenses Your Organization has granted to Zwaggle in such materials will expire.
4. REPRESENTATIONS AND USE RESTRICTIONS. Your Organization represents and warrants to Zwaggle that( a) it is, and at all times during the term of this Agreement and will remain, a tax-deductible organization with public charity status described in Section 170(c) of the Code; (b) Your Organization will utilize donations received through the Site in accordance with such tax-exempt status; (c) with respect to property donated to Your Organization for which You do not transfer Zoints, You will transfer said property solely to other registered user and not dispose of the property outside the Site; and (d) Your Organization will undertake any and all actions necessary to comply with any applicable laws, rules and regulations, including, without limitation, any requirements governing solicitation of charitable donations and registration requirements, if any, related to activities contemplated herein.
Your Organization's right to use the Services is a non-transferable right. Your Organization's account may only be used by those individuals with a legal relationship with Your Organization and Your Organization continues to remain fully responsible for usage by such individuals. Your Organization is only permitted to have one account. Your Organization may not use the Services for any commercial purpose, including but not limited to, reselling the Services and providing access or invitations to the Services. You acknowledge that any products or services received by Your Organization as a result of your use of the Services ("Goods") are provided by third-parties solely as gifts and specifically not owned and/or provided by Zwaggle. You represent that You (a) will only offer Goods that You are the rightful property owner of, whether obtained by donation outside of the Site or whether obtained by donation from another registered user, and that no third party has any economic or other interest in; (b) will only offer such Goods through the Site strictly as gifts to other users of the Services; (c) will accept Goods given by other registered users for which Zoints are not transferred to said donor as a donation to Your Organization's charitable beneficiaries and not for sale outside of the Site, (d) will not accept Zoints as a donation, and (e) will only provide true, accurate, current, and complete information about Your Organization to the Site and that Zwaggle shall own any and all rights in any information submitted by You to the Site.
You represent that You and those individuals legally related to Your Organization will not (a) intimidate or harass another user of the Site; (b) use or attempt to use another user's account; (c) create a false identity on the Site; (d) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, overburden, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (f) upload, post, email, transmit or otherwise make available any harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable materials; (g) harvest or collect email addresses or other contact information or use automated scripts to collect information from the Site for any other purpose that to communicated directly to a specific user; (h) copy, modify, translate, prepare derivative works, reverse engineer, decompile, disassemble, and/or unbundle the Services; or (i) use the Site or Service for any commercial purpose. You agree that Zwaggle may use and rely on any information provided by You in any manner, including but not limited to, your contributed content, for reviews, descriptions, and article notes, subject to Zwaggle's Privacy Policy incorporated herein by reference in Section 9 of this Agreement.
5. PAYMENTS AND TAXES. As a nonprofit organization, Your Organization will not be charged any fees by Zwaggle for your use of the Services of the Site. However, Your Organization is responsible for its own expenses incurred in relation to the exchange of Goods on the Site and in relation to the performance of any obligations hereunder. Your Organization is solely responsible for reporting and remitting any and all taxes and levies of any kind to local, state and federal authorities related to any donations Your Organization may receive. Furthermore, You acknowledge that Your Organization is solely responsible for determining whether its use of the Services creates any additional tax consequences and/or governmental filing requirements for it, including, without limitation, any gift taxes and gift tax reporting.
6. RECEIPTS FOR CHARITABLE DONATIONS OF GOODS. Your Organization is responsible for providing receipts, for tax purposes, to registered users for Goods donated to Your Organization. However, Zwaggle may elect to issue such receipts on behalf of Your Organization if possible to alleviate the administrative burden on Your Organization. However, Your Organization agrees to defend, indemnify and hold harmless Zwaggle from any loss, liability, damages or expense, including reasonable attorneys' fees, related to the transfer of any Goods exchanged and to the issuance of such receipts. In this regard, You agree that Zwaggle shall have the right to participate in the defense of any related claims through counsel of its own choosing. You agree to notify Zwaggle of any such claim promptly in writing and to allow Zwaggle to control the proceedings. You agree to cooperate fully with Zwaggle during such proceedings.
7. USER ASSISTANCE. While title to donated goods may pass to You upon a registered user donating said goods to You, said goods may remain in the possession of the regisered user making the donation (the "RU Donor"). If this is the case and the RU Donor volunteers to assist You in transferring the goods to another registered user (the "RU Acquiring Member") that gives you Zoints and you give the RU Acquiring Member said good, you agree to hold the RU Donor harmless for any and all actions or inactions taken by said RU Donor related to such transfer (or failure to transfer) of said goods to the RU Acquiring Member.
8. ZOINTS; NO VALUE. As part of the Service, Zwaggle may elect to award to or deduct from your account zoints, credits, or the like ("Zoints") for any reason in order to enhance the gift-giving game experience the Service is striving to create. You acknowledge and agree that Zoints are strictly analogous to life credits used in video games and the like. As such, Zoints have no value whatsoever and, therefore, cannot be transferred, assigned or sold in any manner, except for as provided by the Service. Any accrued but unused Zoints, that Your Organization may have (1) thirty (30) days past the end of the Term or applicable Renewal Term or (2) prior to Zwaggle otherwise terminating this Agreement in accordance with Section 1, shall be discarded and no longer usable by You through the Site and/or Service.
9. PRIVACY AND COPYRIGHT. You can view Zwaggle's Privacy Policy at http://www.zwaggle.com/legal.php#privacy, as amended from time-to-time, which is incorporated herein by reference. Zwaggle will not use Your Organization's information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. In the event You reasonably believe that an item offered on the Zwaggle website infringes the intellectual property rights of a third party, please notify Zwaggle at legal@zwaggle.com.
10. ACCOUNT SECURITY. You agree You are entirely responsible for maintaining the confidentiality of any password and account information that You may create now or in the future. You agree You are entirely responsible for any and all activities that occur under your account. You agree to notify Zwaggle immediately of any unauthorized use of your account or any other breach of security. You agree Zwaggle will not be liable for any loss that You may incur as a result of someone else using your password or account, either with or without your knowledge.
11. INTELLECTUAL PROPERTY. You agree that Zwaggle or its licensors holds all rights, title and interest in the Services and all intellectual property, including other rights related to intangible property related thereto, including but not limited to copyrights, patents, Trademarks, and trade secrets ("Intellectual Property"). You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials of the Zwaggle website, without the express written permission of Zwaggle.
12. WARRANTIES. Your Organization, or any individual that electronically executes this Agreement on its behalf, hereby represent and warrant that Your Organization has the right, power, legal capacity and appropriate authority to enter into this Agreement and acknowledge that Goods given to Your Organization through the use of the Services may be "used" and are provided in strictly "AS IS" condition.
13. LIMITATION OF LIABILITY. IN NO EVENT SHALL ZWAGGLE OR ANY OTHER USER OF THE SERVICE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES ("LOSSES AND DAMAGES"), YOUR INABILITY TO USE THE SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF ZWAGGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZWAGGLE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF ANY USE OF OR OTHERWISE RELATED TO THE GOODS, INCLUDING DIRECT DAMAGES. SOME STATES MAY NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS ON LIABILITY FOR DAMAGES AS CONTAINED HEREIN. IN SUCH STATES, ZWAGGLE'S LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW. YOU AGREE THAT IN NO EVENT SHALL ZWAGGLE's MAXIMUM AGGREGATE LIABILITY EXCEED $100.00 (US).
14. DISCLAIMER OF WARRANTIES. ZWAGGLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND AS TO ANY OF THE FOREGOING OR OTHERWISE, AS THEY RELATE TO ANY GOODS. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ZWAGGLE MAKES NO WARRANTY THAT THE SERVICES AND/OR ANY GOODS WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ZWAGGLE DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES OR ANY GOODS, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CONDITION, OR OTHERWISE. THE SERVICES MAY CONTAIN SOFTWARE PROVIDED BY THIRD-PARTIES ("THIRD-PARTY SOFTWARE"). THIRD-PARTY SOFTWARE IS PROVIDED AS-IS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THAT FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE THAT ZWAGGLE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LEGAL REQUIREMENTS TO WHICH YOUR ORGANIZATION MAY BE SUBJECT, SUCH AS, BY WAY OF EXAMPLE, ANY REGISTRATION REQUIREMENTS RELATED TO CHARITABLE SOLICITATIONS; NOR DOES ZWAGGLE MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE APPLICABILITY OF TAX LAWS TO YOUR ORGANIZATION OR TO ANY COMMUNITY SELLER, SUCH AS, BY WAY OF EXAMPLE, ANY COMMUNITY SELLER'S ABILITY TO OBTAIN TAX DEDUCTIONS OR OTHER TAX BENEFITS IN CONNECTION WITH DONATIONS MADE THROUGH THE ONLINE GIVING TOOLS. YOU ACKNOWLEDGE THAT ZWAGGLE MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU THAT YOU WILL RECEIVE ANY MINIMUM AMOUNT OF DONATIONS OR ANY DONATIONS AT ALL UNDER THIS LICENSE AGREEMENT.
15. USER DISPUTES. You are solely responsible for your interactions with other users of the Service and advertisers that may advertise or post on the Site. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT NO USER IS OBLIGATED IN ANY MANNER (IN LAW OR IN EQUITY) TO GIVE YOU ANY GOODS; RATHER (LIKE ALL GIFT GIVING ACTIVITIES) A USER'D DECISION TO GIVE YOU ANY GOOD IS COMPLETELY AT HIS/HER DISCRETION. Your sole and exclusive remedy if a user promises to give Your Organization a Good and fails to do so is to report such user's behavior to the Site. Zwaggle reserves the right, but has no obligation, to monitor disputes between You Organization and other users and advertisers and to take action (in Zwaggle's complete and sole discretion) against users that are preventing the Site from fulfilling its community-building mission. You will not hold Zwaggle responsible for advertisers or other users' actions or inactions. You acknowledge that Zwaggle is solely a facilitator and promoter of information provided to it by its users and does so for community-building and entertainment purposes. Zwaggle has no control over and does not guarantee (a) the truth or accuracy of any advertisements, user posts, or other content posted on the Site, or (b) any advertiser will actually complete a transaction with you or a user will actually gift Goods to you at all or to your satisfaction. If you have any disputes whatsoever with an advertiser or a user, you release Zwaggle (and our employees, officers, directors, agents, subsidiaries, joint ventures, successors and assigns) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
16. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Zwaggle and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to any representations made by Your Organization on the Site, Your Organization's (including your agents affiliates, or anyone using your account, Services with Zwaggle whether or not on your behalf, and whether or not with your permission) use of the Services or your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Zwaggle harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein or any negligence or willful misrepresentation or misconduct by You. You agree that Zwaggle shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Zwaggle of any such claim promptly in writing and to allow Zwaggle to control the proceedings. You agree to cooperate fully with Zwaggle during such proceedings.
17. GENERAL
17.1 GOVERNING LAW, ARBITRATION. This Agreement shall be deemed to be entered into in and governed by the laws of the State of California. Except for matters relating to the infringement of Zwaggle's intellectual property, in the event of a dispute, each party shall notify the other party of the dispute and provide a reasonable description of the dispute. Each party shall use good faith efforts to resolve the dispute within ten (10) business days after receipt of a dispute notice. If the parties' business representatives are unable to resolve the dispute, or agree upon the appropriate corrective action to be taken within such ten (10) business days, then either party may submit the dispute to arbitration, under the rules of the American Arbitration Association, or any comparable entity which You and Zwaggle may agree to in writing. Any arbitration shall be held in San Francisco, California and any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, Zwaggle has the right to seek injunctive relief from any court of competent jurisdiction to protect its rights in intellectual property and confidential information.
17.2 NOTICES. All notices shall be in writing. You agree that all notices sent to Your Organization by any means set forth in your Nonprofit Profile will be effective when sent. If you fail to provide or update valid contact information as required by your Nonprofit Profile, You waive your right to receive Notices under this Agreement during the period of such failure. Alternatively, any notices given by Zwaggle to all Zwaggle Users may be given by posting information within the Site. Notices from You to Zwaggle shall be given by email to the appropriate address provided by Zwaggle within the Zwaggle Site, and will be deemed given when actually received by Zwaggle.
17.3 HEADINGS. The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
17.4 ASSIGNMENT. Your Organization may not assign this Agreement for any reason. Any such attempted assignment shall be null and void and a breach of this Agreement.
17.5 INDEPENDENT PARTIES. Nothing herein shall be deemed to establish a partnership, joint venture, or agency relationship between the parties. Neither party shall have the right to obligate or bind the other party in any manner to any third party.
17.6 SEVERABILITY. You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
17.7 WAIVER. The failure of Zwaggle to enforce any of the provisions within this Agreement or its incorporated agreements and policies against Your Organization or others shall not be construed to be a waiver of the right of Zwaggle thereafter to enforce such provisions. Any remedies made available to Zwaggle by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to Zwaggle in law or equity.
17.8 FORCE MAJEURE. Zwaggle will make reasonable efforts to keep its Site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Zwaggle liable for any of the consequences of such interruptions.
17.9 LEGAL USE. Recognizing the global nature of the Internet, Your Organization agrees to comply with all local rules regarding its participation on the Site and use of the Service, and with respect to online conduct and acceptable Content. Specifically, Your Organization agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which Your Organization resides. Your Organization assumes full responsibility for compliance with all local, state and national laws and agrees to indemnify and hold Zwaggle harmless for any violation of any such law arising out of or related to its use of the Site.
17.10 SURVIVAL. Sections 3, 8 and 9-17 shall survive this Agreement.
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