Terms of Use
Please read these Terms of Service ("Terms") carefully as they govern your access to and use of the services on the Website (collectively, the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services, including Lists, User Content, Website Content and User-Generated Lists (collectively referred to as "Content"). Services include all aspects of the Website, including but not limited to all products, software and services offered via the Website, such as the Widget, uploaders and other applications. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
Ownership of Content User Content
Except as otherwise provided for herein, you own all content you submit to the Website and/or Services, including but not limited to profile information, reviews, images, messages, and any other materials, including a User-Generated List ("User Content"). By submitting User Content you hereby irrevocably grant Celeb Zoom a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to Use User Content for any purpose and in any media now existing or in the future. Notwithstanding the foregoing, you grant Celeb Zoom an exclusive, perpetual license to Use any User Content that is your contribution to a User-Generated List. As used herein, a “User-Generated List” is List submitted by you to the Service.
You also irrevocably grant the Users of the Services and third party websites, mobile applications, Publishers and other platforms that have obtained User Content from Celeb Zoom ("Third Party Properties") the same right you have granted to Celeb Zoom herein to Use the User Content in connection with their use of the Services. As used herein, the right to “Use” means the right to, copy, display, perform, digitally perform, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works of, and , allow others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to User Content brought against Celeb Zoom, any Third Party Properties and our and their users.
You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with any User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Celeb Zoom to use all patent, trademark, trade secret, copyright, publicity, publishing or other proprietary rights in and to any and all such User Content to enable inclusion and Use of the User Content in the manner contemplated by these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name, voice or likeness of each and every such identifiable individual person to enable inclusion and Use of the User Content in the manner contemplated by these Terms.
We may use, post or refuse to post, disable from view, remove or reinstate any Content (including User Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any User Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any User Content to you under any circumstances.
Celeb Zoom Content
We are the sole and exclusive copyright owners of the Website and Services, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Website and Services excluding Your Content and third party content (collectively, the "Celeb Zoom Content"). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Website, Services and Celeb Zoom Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Celeb Zoom Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Website, Services, Celeb Zoom Content or Celeb Zoom’s IP Rights.
Content on the Website and Service is provided to all Users AS-IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Celeb Zoom. Celeb Zoom reserves all rights not expressly granted in and to the Website, the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
Content Disclaimer
You understand that when using the Services you will be exposed to Content from a variety of sources, and that Celeb Zoom is not responsible for the accuracy or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Celeb Zoom with respect thereto. Celeb Zoom does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Celeb Zoom expressly disclaims any and all liability in connection with Content.
Your Obligations in Using the Services
The Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Website or Services:
Circumvent, disable or otherwise interfere with security related features of the Website or Service or features that prevent or restrict use or copying of any Content;
Upload, post, email or otherwise transmit (i) any User Content to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission is necessary; or (iii) any User Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
Use any meta tags or other hidden text or metadata utilizing Celeb Zoom’s name, trademark, URL or any product names;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Website or Services to send altered, deceptive or false source-identifying information;
Upload, post, email, or otherwise transmit, via the Website or Services, any User Content that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of Celeb Zoom;
Upload, post, email, or otherwise transmit any User Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of the Website or Service; or (ii) interfere with the access of any users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Website or Service;
Upload, post, email or otherwise transmit any User Content that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content that is unrelated to the immediate, aesthetic nature of the User Content;
Interfere with or disrupt (or attempt to interfere with or disrupt) the Service or any web pages available at the Website, servers or networks connected to the Website or Service or the technical delivery systems of Celeb Zoom’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Service;
Attempt to probe, scan or test the vulnerability of the Website or Service or breach or impair or circumvent any security or authentication measures protecting the Website or Services;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Services;
Attempt to access, search or meta-search the Website or Service with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Celeb Zoom or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Website or Service to determine how a website or web page ranks;
Collect, harvest or store (or permit anyone else to collect, harvest or store) personal data about other Users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
Share your Account password with any third party except as expressly permitted in writing by Celeb Zoom;
Use the Website or Services in any manner not permitted by this Agreement; or
Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms.
In submitting User Content to us, you represent that:
You are the sole author of the User Content, and the User Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and
Use of User Content by Celeb Zoom, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party.
With regard to User Content that are images, you agree that at least one of the following is met:
You have taken the photograph or created the artwork being submitted;
You own the rights to the image; or
You have explicit permission from the rights-holder to submit such image or artwork for use on our Properties and Third Party Properties and to grant the rights you have granted herein.
With regard to User Content that are YouTube videos, by using any YouTube Video Search features or embedding YouTube videos, you agree that:
You are bound by the YouTube Terms of Service
Lastly, you agree that any of User Content submitted to us will not:
Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
Contain material that violates the standards of good taste or the standards of the Properties;
Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
Accuse others of illegal activity, or describe physical confrontations;
Contain material that is illegal, or that violates any federal, state, or local law or regulation;
Contain language or images intended to impersonate another person;
Disguise or attempt to disguise the origin of User Content;
Be considered a form of deceptive advertisement or cause, or be a result of, a conflict of interest;
Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
Assert or imply that User Content is in any way sponsored or endorsed by us; or
Contain material that is not in English;
Termination / Cancellation
We may immediately terminate or suspend your access to the Services and remove any material (including User Content) from the Website or our servers, in the event that you breach these Terms. Notwithstanding the foregoing, we also reserve the right to terminate the Website, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. Celeb Zoom is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE WEBSITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Celeb Zoom will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
You may terminate your Account at any time and for any reason by clicking "Cancel Account" on the "My Account" page. Upon any termination by a Member, the related Account will no longer be accessible.
Any suspension, termination or cancellation will not affect your obligations to Celeb Zoom under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Third-Party Partners
The Website and Service may contain links to third party websites that are not owned or controlled by Celeb Zoom. Celeb Zoom has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Celeb Zoom will not and cannot censor or edit the content of any third-party site. By visiting the Website and/or using the Service, you expressly relieve Celeb Zoom from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
Celeb Zoom uses YouTube links on Celeb Zoom lists. Please see YouTube Terms of Service for more information on YouTube's policies.
Games metadata is provided by IGDB.
Celeb Zoom may use Tapad Cookies on Celeb Zoom lists. Please see the Tapad Privacy Notice for more information on Tapad’s policies.
Publishers
Celeb Zoom has developed proprietary software (the "Widget") which includes an online list publishing widget and online data management platform designed for organizing, querying, analyzing, exporting and developing reports based on voting on and publishing lists. Celeb Zoom makes the Widget available to third parties (“Publishers”) solely for display on Publisher's website via HTML embedded code Upon embedding the Widget, Publisher is granted a royalty-free, non-exclusive, non-transferable, non-assignable right to download, and install the Widget on the Publisher's websites and to display the Widget, Lists and other Content Celeb Zoom delivers to the Widget and to collect and report quantitative List and other data ("List Data") from visitors to the Publisher's websites.
Publisher hereby acknowledges and agrees that Celeb Zoom owns and shall retain rights in and to the Widget, including, without limitation, (i) all patent, copyright, trade secret, database rights, trademark and other intellectual property rights in and to the Widget, and any corrections, bug fixes, enhancements, updates or other modifications to the Widget, whether made by Publisher, Celeb Zoom or any third party and (ii) all List content, each List, List analysis, end-user presentations, the List Data and other data generated from the use of the Widget. ("Widget Content")
Publisher acknowledges and agrees that Celeb Zoom may develop one or more databases containing the List Data and may analyze, sell, redistribute the List Data or any part thereof subject to the terms of the Privacy Policy.
Copyright
If you believe that any content has been posted on the Service, Website or Widget in a manner that constitutes copyright infringement, please notify Celeb Zoom by providing its designated Copyright Agent with the written information specified below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Content Policy
The purpose of this section is to make clear what we consider to be acceptable use of Celeb Zoom.
If you are found to be in violation of any of the policies listed below, your account will be frozen and you will be notified via email when possible. Unless you explain or correct your behavior within 48 hours, your account will be suspended. Though our goal is to work with you to ensure an equitable outcome in all cases, we reserve the right to immediately suspend, without notice, any content, account, or IP address which we determine to be illegal, spam, systematically generated, or potentially damaging to our service or infrastructure.
When your account is suspended, public access to your content is blocked. Access to your Celeb Zoom account and the ability to add/edit posts will also be disabled.
Redundant Content
Celeb Zoom is not intended to be an all-purpose content aggregator. Users who import or aggregate content that is unrelated to the purpose of the Website will be subject to suspension.
Copyright
Although the use of copyrighted material does not necessarily constitute infringement, as a rule users should exercise caution when using copyrighted content without the permission of the content owner. It is Celeb Zoom policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA").
Sexually Explicit Video and Photographs
Accounts that use Celeb Zoom's Video/Photograph upload feature to upload and host sexually explicit or pornographic material will be suspended.
Spam
Users that publish content that is not meaningful or relevant, use deceptive means to generate revenue or traffic, or post primarily for th