Zemplee - Terms of Use

Effective Date: December 01, 2019

Revised Date: May 31, 2023

Welcome to Zemplee. By accessing the Service, you agree to be bound by these Terms of Use, which constitute your agreement with Zemplee Inc. (the provider of the Service.) If you do not agree with these Terms of Use, you may not use the Service.

The Zemplee website and the services offered through or in connection with the website (including but not limited to related services which we make available through third-party websites and applications such as social media sites) are collectively referred to herein as the “Service.” References to “we,” “us,” and “our” refer to Zemplee, Inc.

Subject to and in accordance with these Terms of Use and other guidelines or instructions included in the Service, we grant you a limited, non-exclusive license to access and use the Service solely for your own personal use. We reserve the right to terminate this license and your access to the Service, and to remove or discard content you have submitted to the Service, at any time, for any or no reason and with or without notice.

We may make changes to these Terms of Use or our Privacy Policy at any time. Your continued use of the Service following posting of any changes on the Service constitutes your acceptance of those changes.

Access and Use

Age Requirement; Responsibility. You represent that you are old enough to form a legally binding contract. You may not access or use the Service unless you are at least 13 years old. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer or other device. You are responsible for your use of the Service and for all activities that occur under your username/account.

Registration. You are required to maintain all information provided during your registration/sign-up process so that it remains true, accurate, up-to-date and complete at all times. You represent and warrant that any information provided by you is truthful and accurate to the best of your knowledge. We reserve the right to revoke your particular username, or to require you to choose another username or password.

Conduct. You may use the Service only in accordance with all applicable laws and regulations, consistent with its intended use and in a manner that does not disrupt the use of the Service by others. You may not artificially generate traffic or page links to any portion of the Service. You agree not to authorize, aid, or encourage anyone to act in violation of these Terms of Use. In addition, you agree not to use the Service to:


harvest or otherwise collect or disseminate personal information about others without their consent, or harass or “stalk” another;
2.impersonate any person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of messages;
3.gain or attempt to gain unauthorized access to the Service, or other accounts, computer systems or networks connected to the Service, through password mining or any other means;
4.solicit business for any company or service that is our competitor;
5.solicit other business not related to the purpose of the Service; or
6.upload, transmit or otherwise make available material that:


a.is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable;
b.infringes any intellectual property right or other right of any third party, including but not limited to any patent, trademark, trade secret or copyright;
c.constitutes the unauthorized or unlawful disclosure of confidential or other proprietary or nonpublic information;
d.constitutes “chain letters,” “junk mail,” “spam,” “pyramid schemes” or other duplicative or disruptive messages; or
e.contains viruses, trojan horses, worms or any other harmful or disruptive computer code, files or programs.


Hyperlinks. You may create a hyperlink to the home page of the Service so long as the link does not portray the Service, us, or our affiliates or their services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without written permission.

Privacy

Please see ourPrivacy Policy, which also governs your use of the Service and is incorporated into these Terms of Use.

Proprietary Rights

All content included in the Service and originating with us, including but not limited to website design, text, photographs, graphics, sound, software and the arrangement of all content on the Service, is the property of us or our licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners. Except as expressly authorized by these Terms of Use or any guidelines or instructions included in the Service, you may not reproduce, modify, copy, create derivative works of, sell or distribute any portion of the Service, use of the Service or access to the Service.

Zemplee and all related logos, graphics and icons are our service marks or trademarks. All other trademarks, service marks, product names and company names or logos that appear on the Service are the property of their respective owners, and their presence on the Service does not represent an endorsement of the Service.

Third-Party Services and Information

The Service provides links to, and otherwise makes certain portions of the Service available through, third-party websites and applications (“Third-Party Sites”). The content, features and business practices of Third-Party Sites are not under our control, and we will not be responsible or liable for any damage or loss caused by or in connection with the use of Third-Party Sites. Our provision of a link to, or services through, any Third-Party Site does not imply any endorsement by us or any affiliation between us and the Third-Party Site.

The Service may provide you with the ability to connect your use of the Service to accounts you maintain with specified Third-Party Sites (for example, social media websites). If you choose to connect to your Third-Party Site account in this way, you grant us permission to access your content on the Third-Party Site and use it to provide the Service in accordance with these Terms of Use and any guidelines or instructions included in the Service, and you grant us permission to post or otherwise submit information to your Third-Party Site account related to your use of the Service. You may generally change these settings and permissions through your Third-Party Service account.

Content Provided By You and Other Users

You are responsible for all content you submit to the Service, whether directly or indirectly through a Third-Party Site. You represent and warrant that you have all rights necessary to submit such content to the Service, and that the display and other use of such content by us, in accordance with these Terms of Use and other guidelines or instructions included in the Service, will not violate the rights of any third party.

You hereby grant us the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, transferable license to use, reproduce, modify, translate, publicly display, perform, create derivative works of, publish, distribute and promote any content you submit to the Service.

In using the Service, you may access content submitted by other users. We do not pre-screen, edit or review content submitted to the Service. You may be exposed to content that is inaccurate, offensive, indecent or objectionable. We do not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such content, and we will not be liable for any damage or loss caused by or in connection with the use of such content. By using the Service, you agree to bear all risks associated with the use of any content on the Service and any reliance on the accuracy, completeness, or usefulness of such content. We reserve the right, in our sole discretion, to remove, move or otherwise restrict any content submitted to the Service, at any time and for any or no reason, with or without notice.

No Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR INCURRED IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Exclusions and Limitations

THE LAWS OF SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold harmless us and our affiliates, officers, employees, agents, partners and licensors from and against any loss, damage, liability and costs, including reasonable attorneys’ fees, incurred in connection with a claim by any third party due to or arising out of your use of the Service, your violation of these Terms of Use or the rights of another party, or content you submit to the Service.

Procedure for Making Claims of Copyright Infringement

We may, in appropriate circumstances and in our discretion, disable or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:


1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.identification of the copyrighted work or other intellectual property that you claim has been infringed;
3.identification of the material that you claim is infringing and its location on the Service;
4.your address, telephone number, and email address;
5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6.a statement by you that the above information in your Notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.


Our Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:



By mail:

Copyright Agent
Attn: Zemplee Inc
3175 Bowers Ave
Santa Clara, CA 95054
Email: copyright@tempgsd.site

Zemplee - Alexa Terms of Use

This Zemplee Inc. (“us”, “our” or “we”) Alexa Skill Terms of Use (“Terms”) are between you (“you”, “your” or “the user”) and Zemplee. These Terms govern your use of the Zemplee Skill on Amazon’s Alexa service on any Alexa-enabled device (the “Skill”). Before using any of our Skills, please read these Terms as well as Zemplee - Alexa Skill Privacy Policy as well as the Alexa Terms of Use and the Privacy Policies by the Amazon Digital Services LLC (with its affiliates, “Amazon”), which also govern and apply to any use by you of our Skills.

To use any of our Skill(s), you must (1) be 18 years or older, (2) have an Alexa-enabled device, (3) have an internet connection, and (4) have an active Amazon account. If any of these requirements do not apply to you, do not use the Skill(s). Parents or guardians may wish to disable the functionality of any of our Skills to prevent use by children under the age of 13 via the parental controls for such Skills made available by Amazon at  this page.

By using or accessing our Skill(s), you agree to these Terms, as updated from time to time. Zemplee reserves the right, in its sole discretion, to modify these Terms at any time without prior notice to you. If you do not agree to the Terms, either here or as may be modified at any time, then you must stop using the Skill(s). Your continued use of the Skill(s), including following any modification of these Terms, constitutes acceptance of these Terms including any changes made by us.

These terms apply in addition to, and are not intended to replace, any other agreements or terms and conditions that may apply in connection with any other relationship you may or may not have with Zemplee, including but not limited to any Zemplee terms or policies in connection with any websites owned or operated on or behalf of Zemplee, as set forth here and in our Privacy Policy.

You understand that your use of any of the Zemplee Skill(s) is voluntary. By using our Skill(s) on Amazon's Alexa service on any Alexa-enabled device (e.g., Amazon Echo) you can use voice commands to communicate with us regarding Zemplee products and services as well as other features enabled by the Skill. Your communication with Zemplee using the Alexa service constitutes an authorized communication by you. You are solely responsible for all communications with Zemplee using the Zemplee Skill(s). Please ensure that others do not interact with Zemplee via the Skill(s) on your behalf, and, if you do not want to be overheard, ensure that you are out of earshot when interacting with Zemplee via the Skill(s). It is possible that Alexa (and the equipment Alexa is installed on) and/or Amazon will record your interactions with the Skill(s) and/or with Alexa. Consult your agreements with Amazon including but not limited to the Alexa Terms of Use and the Privacy Policies by the Amazon Digital Services LLC for more details about how interactions are treated by Amazon and your Alexa-enabled device.

Zemplee and/or one or more of its affiliates may collect, store, and use, and direct a third party collect, store, and use, collected information. By installing the Skill(s), any interactions you have with Zemplee using the Skill(s) and/or any collected information that constitutes personally identifiable information is governed by Zemplee's Privacy Policy as it may be updated from time to time by Zemplee in its sole discretion. By installing the Skill, you are authorizing Zemplee to perform the actions and/or share with Amazon the information communicated to Zemplee, or requested from Zemplee. The interactions you have with the Skill take place through Amazon. By way of example but not of limitation, if you ask Alexa for any information regarding any Zemplee product or service, Zemplee transmits the relevant information through Amazon. Therefore, you hereby authorize Zemplee to share that information with Amazon in response to your interactions with the Skill(s).

Alexa and your Alexa-enabled device were not designed or manufactured by Zemplee, and Zemplee does not have control over the software that runs on the device, which includes third-party applications. Alexa may not function without error, and may incorrectly process words, conduct translations, or give responses. By accepting these Terms, you understand and agree that Zemplee is not responsible for inaccuracies in your interactions with Zemplee using the Skill(s). In addition, Zemplee shall not be responsible for any costs associated with your use of our Skill(s), including but not limited to the purchase and use of an Alexa-enabled device or any internet connection or service charges incurred by you.

The Skill(s) is provided on an “as is”, “without any warranty”, and “without any liability” basis. You bear the risk of using it or them. Zemplee does not guarantee the quality, accuracy, completeness, or timeliness of the Skill(s). Zemplee does not warrant that the functionality or operation of the Skill(s) will be uninterrupted or free from error that any defects in the Skill(s) will be corrected, or that the Skill(s) or the servers that make it available are free of viruses or other harmful conditions or components. The Skill(s) may occasionally be restricted, interrupted, or discontinued due to various conditions, including without limitation Skill design, network coverage, government regulation, and situations beyond Zemplee's control. Neither Zemplee nor its affiliates, suppliers, licensors or vendors will have any liability to you for any losses suffered as a result of that arise out of or in connection with your use of the Skill(s). To the maximum extent permitted by law, Zemplee expressly disclaims all warranties of any kind with respect to the Skill, including without limitation, those regarding availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards, and noninfringement.

To the maximum extent permitted by law, Zemplee and its affiliates, suppliers, vendors and licensors are not liable for any indirect, special, incidental, exemplary, punitive, or consequential loss or damage arising out of or in connection with the device or your use of the Skill(s) (including without limitation the input of personally identifiable and other information into the Skill(s)), whether the claim is based in contract, tort, negligence, strict liability, or otherwise, and even if Zemplee has express knowledge of the possibility of such loss or damage. You shall not seek to recover any damages (including without limitation direct, consequential, lost profits, special, indirect or incidental damages) from Zemplee, its affiliates, suppliers, vendors or licensors outside of the conditions set forth in these Terms. You must file any lawsuit or other action directed against Zemplee, its affiliates, suppliers, vendors or licensors within one (1) year after the date of the event that caused the loss or damage, or you forever waive any right to bring any such lawsuit or other action.

You shall indemnify, defend, and hold harmless Zemplee, its affiliates, suppliers, vendors and licensors from and against all claims, losses, damages, and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with your use of any Alexa enabled device, our Skill(s), or your violation of: these Terms; Zemplee’s Privacy Policy; and/or Zemplee’s Website Terms and Conditions.

Zemplee may change any of programs, products, or services mentioned in the Skill(s) at any time without notice. Additionally, any products or services that may be referred to in the Skill(s) are subject to availability and qualifications; terms, conditions, and exclusions not described in these Terms may apply.

The Skill is controlled and operated in the United States of America . This agreement is governed by and interpreted according to the law of the State of New Jersey, excluding that body of law applicable to conflicts of law.

If any provision of these Terms is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect. Zemplee’s failure to enforce any right or provision in this agreement will not constitute a waiver of such provision, or any other provision in these Terms.

General

Notices. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Service.

Entire Agreement. These Terms of Use represent the entire agreement between you and us with regard to their subject matter, they supersede all prior agreements and representations, and they may not be modified except by us in writing (including modifications by us to this page). In the event of any conflict between these Terms of Use and any instructions or guidelines included in the Service, these Terms of Use shall control.

Choice of Law and Forum. These Terms of Use, your use of the Service and the relationship between you and us shall be governed by the law of the State of California, without regard to its conflict of laws principles. Any dispute, claim or controversy arising out of or relating in any way to these Terms of Use, the Service or your use thereof shall be brought only in federal or state court in the County of San Francisco, California, and you and we hereby generally and unconditionally submit to and accept the jurisdiction of such courts.

Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by us. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court will endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect.

Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to these Terms of Use or the use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Export Compliance. You represent that you are not named on any United States government denied-party list, and that you are not a resident of a country embargoed by the United States. You agree not to export, reexport, or transfer, directly or indirectly, any products, software or technology acquired from us (including products derived from or based on such technology) in violation of United States export laws or regulations.

Assignment. You may not assign these Terms of Use, or assign, delegate or sublicense any of your rights or obligations under these Terms of Use, without our prior written consent. Subject to the foregoing, these Terms of Use will be binding upon and inure to the benefit of the parties and their respective successors and assigns.

Headings. The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.