Terms of Service

Terms of Service

Terms of Use

Last Updated: July 14, 2008

1. ACCEPTANCE OF TERMS OF USE

Welcome to the terms of use for the TechZulu web site and services (“Terms of Use”). The Terms of Use sets forth the legally binding terms on which you may access the web site and use our services. The web site www.techzulu.com (“TechZulu” or the “Site”), is owned and operated by Medmania, Inc. a California corporation (“Medmania” or the “Company”). By accessing the Site or using any of the services provided by the Company, you signify that you have read, understand, accept, and agree to be bound by the Terms of Use and the Privacy Policy, whether or not you have created an account with TechZulu. In the event of any inconsistency between the Privacy Policy and the Terms of Use, the Terms of Use shall control. Nothing in the Terms of Use shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound the Terms of Use and the Privacy Policy, you may not use nor access our Site and services.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES ON THE SITE, YOU AGREE TO BECOME BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. THE COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO THE FULL TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THE TERMS OF USE ARE CONSIDERED AN OFFER BY THE COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. CHANGES TO THE TERMS OF USE

TechZulu is an online service. We reserve the right to modify the Terms of Use at any time, and without prior notice. Any changes we make to the Terms of Use will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the site or electronic mail. Your continued use of the TechZulu service after such notice indicates your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms of Use. Upon our request, you agree to sign a non-electronic version of the Terms of Use.

3. DESCRIPTION OF SERVICE

The Site provides online services to enable users to research and discuss information about companies and connect with other users more effectively (the “TechZulu Service”).

4. MEMBER ELIGIBILITY

The TechZulu Service is not available to minors under the age of 18 or to any users suspended or removed from the system by the Company for any reason. Users may not have more than one active account. Additionally, you are prohibited from renting, leasing, selling, trading, or otherwise lending or transferring your TechZulu account to another party.

5. PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE

All content on the Site and available through the TechZulu Service, including designs, text, graphics, pictures, video, information, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own Contributed Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Contributed Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

6. TRADEMARKS

The trademarks, logos, and service marks displayed on the Site including “Medmania”, the Medmania logo, “TechZulu”, and the TechZulu logo (collectively the “Trademarks”) are the registered and unregistered trademarks of the Company, the Company’s licensors and suppliers, and others. The Trademarks owned by the Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages the Company. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of the Company, the Company’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and the Company will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

7. USE OF SERVICE

Your use of the TechZulu Service is governed by the Terms of Use. The Company may refuse service without prior notice to any user for any or no reason. As part of the registration process, you will be asked to select a user ID and password. We may refuse to grant you a user ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT WITH OR WITHOUT YOUR KNOWLEDGE. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

8. TERMINATION

You agree that the Company may, with or without cause, immediately terminate your TechZulu account and access to the TechZulu Service without prior notice. Without limiting the foregoing, the following will lead to a termination by the Company of your use of the TechZulu Service (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your TechZulu account includes removal of access to all offerings within the TechZulu Service and may also bar you from further use of the TechZulu Service. Furthermore, you agree that all terminations shall be made in the Company’s sole discretion and that the Company shall not be liable to you nor any third-party for any termination of your account or access to the TechZulu Service.

9. CODE OF CONDUCT

You understand and agree not to use the Site or the TechZulu Service to:

  • * Use the Site or the TechZulu Service for any illegal purpose, including but not limited to conspiring to violate laws, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  • * Offer, sell, or buy any security.
  • * Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
  • * Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • * Upload, post, email, transmit or otherwise make available any content or initiate communication that (i) infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights of any party or (ii) violates the rights or privacy or publicity of any party (iii) is pornographic, sexually explicit or obscene, (iv) is libelous, slanderous or defamatory, (v) may be deemed generally offensive to the Site community, including blatant expressions of bigotry, prejudice, racism, hatred or profanity or (vi) promotes or provides instructional information about illegal or illicit activities.
  • * 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. This prohibition includes but is not limited to (i) Using the Site or the TechZulu Service to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (ii) submitting stories or comments linking to affiliate programs, multi-level marketing schemes, or sites/blogs repurposing existing stories (source hopes).
  • * 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, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • * Stalk, harass, or include personal information about another person, such as their address, email address or telephone number.
  • * Collect or store any information about other users or members, other than in the normal course of using the site for its intended purpose of facilitating voluntary communication among users.
  • * Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site or the TechZulu Service.
  • * Create user accounts using any automated means or under false pretenses.
  • * Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
  • * Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
  • * “Frame,” “mirror” or otherwise simulate the appearance or function of any part of the Site.
  • * Store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit any of the site content, in whole or in part.
  • * Take any action that interferes with or disrupts the Site or servers or networks connected to the Site, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
  • * Disobey any requirements, procedures, policies or regulations of networks connected to the Site.

10. CONTENT SUMBISSION

  • TechZulu is an organic web site that grows because of the content contributed by its community. TechZulu users are encouraged to contribute content to TechZulu. When you contribute content to TechZulu, you agree to the following additional terms:
  • * You are solely responsible for any content and other material that you submit to, or publish or display on, the Site or transmit to other TechZulu users (hereinafter, “Contributed Content”).
  • * You understand and agree that the Company may review, alter or delete any Contributed Content for any reason in the sole discretion of the Company, including, without limitation, any Contributed Content that violates the Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site or the TechZulu Service.
  • * You agree that you will only provide Contributed Content that you believe to be true, and you will not purposely provide any false or misleading information.
  • * By posting Contributed Content on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, the Company a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to use, copy, publicly perform, digitally perform, publicly display and distribute (through multiple tiers) such Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such Contributed Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you. You agree to waive any moral rights that you may have to your Contributed Content. You represent and warrant that none of your Contributed Content is subject to a confidentiality obligation. You also grant us a license to use your name, city and state in connection with our use of any content you provide to us. You also consent to the display of advertising within or adjacent to any of your content.
  • * You acknowledge and agree that we have the right (but not the obligation) to disclose the Contributed Content and any other materials you transmit or post and the circumstances surrounding their transmission to any third party in order to enforce the Terms of Use, to operate the Site properly, to protect ourselves, our sponsors, our members and visitors and to comply with legal obligations or governmental requests.

11. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding 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.

12. INFORMATION PROVIDED ON THIS SITE

In the course of using the TechZulu Service, users may provide information about companies and information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this site). You understand that all information publicly posted or privately transmitted through the Site and the TechZulu Service is the sole responsibility of the person from which such content originated and that the Company will not be liable for any errors or omissions in any content. You understand that the Company cannot guarantee the identity of any other users with whom you may interact in the course of using the TechZulu Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about these companies, themselves or relationships they may describe. We hope and believe that the Site Content will be helpful as background reference, but it should not be construed as legal, accounting, investment, or other professional advice on any subject matter. The Company has endeavored to comply with legal and ethical requirements known to the Company personnel who compiled this Site, but Company is not engaged in rendering legal, accounting, investment or other professional services, and availability or use of the Site Content is not intended to create, and does not create, any attorney-client, accountant-client, investment advisory or other professional services relationship. Use of the Site Content is not an adequate substitute for obtaining legal, accounting, investment or other professional advice from a licensed provider in your jurisdiction. You agree you will not act or refrain from acting based on any of the Site Content without first seeking the services of a competent professional.

13. THIRD-PARTY SITES, PRODUCTS, AND SERVICES

The Site contains links to other Internet web sites which may or may not be owned or operated by the Company. The Company has not reviewed all of the web sites that are linked to the Site, and the Company has no control over such sites. Unless otherwise explicitly stated, the Company is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that the Company offers such links does not indicate any approval or endorsement of any material contained on any linked site. The Company is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
14. VENUE ONLY

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the TechZulu Service, such activity is solely between you and the applicable third party. The Company shall have no liability, obligation or responsibility for any such activity. You hereby release the Company from any and all claims arising from such activity.

15. EMBEDDED ITEMS

The Company may make available charts, graphics or other items that you can embed on your own website. If you use any of these embeddable items, you must include a prominent link back to the site on the pages containing the embeddable item and you may not modify, build upon, or block any portion of the embeddable item in anyway or present it in any manner that is false or misleading.

16. CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Company infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed by the Company against you, the DMCA permits you to send us a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/title17/92chap5.html#512 for details. Notices and counter-notices with respect to the Site should be sent to:

  • Copyright Agent
  • Medmania, Inc.
  • 1045 N Armanda Street, Ste G
  • Anaheim, CA 92806
  • 714-630-7800

Emails can be sent to copyright@techzulu.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

17. TECHZULU COMMUNICATIONS

In the course of providing you services, the Company may need to communicate with you via email and other means of communication (such as via telephone or letter) (see our Privacy Policy to learn more about communications). You agree to receive emails and other forms of communication which are specific to your account and necessary for the normal functioning of the TechZulu Service, including a series of welcome emails which help inform new users about various features of the TechZulu Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the TechZulu Service.

18. MONITORING AND ENFORCEMENT

While we have the right to monitor activity and content associated with the TechZulu Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Site, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department at help@techzulu.com to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Site. Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that the Company may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce the Terms of Use, or protect the rights, property, or safety of the Company, the Site, its users, and the public.

19. FEES

Signing up for a basic TechZulu account is free. Certain other services are provided for free only to alpha or beta users. The Company reserves the right to charge for the TechZulu Service or any portion thereof, modify the pricing of, add to, or discontinue the TechZulu Service or any portion thereof without prior notice.

20. INDEMNIFICATION

You agree to indemnify, defend and hold the Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of the Terms of Use, including any violation of the Code of Conduct and Content Submission provisions above; (b) any allegation that any Contributed Content or other materials you submit to us or transmit to the Site or through the TechZulu Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or TechZulu Service.

21. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE SITE AND THE TECHZULU SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY COMPANY OR USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY 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 AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (i) THE SITE OR THE TECHZULU SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR THE TECHZULU SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR THE TECHZULU SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE TECHZULU SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE OR THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE TECHZULU SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE OR THE TECHZULU SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

22. LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY’S TOTAL CUMULATIVE DAMAGES EXCEED US$100.

23. SPECIAL ALPHA AND BETA TESTING PROVISIONS

By participating in the alpha testing and beta testing of the Site and the TechZulu Service, you hereby agree to the following: You agree to inform the Company of all problems and ideas for enhancements which come to your attention during the your participation in the alpha and beta testing, and you hereby assign to the Company all right, title and interest to such ideas and enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights. You acknowledge and agree that in providing the Site and the TechZulu Service, you may come into the possession of or the Company may disclose to you certain confidential, proprietary trade secret information of the Company (“Confidential Information”). Confidential Information may include, but is not limited to, computer programs, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information, financial information or business plans. During the term of the alpha and beta testing of the Site and the TechZulu Service, and for a period of three (3) years thereafter, you agree that you will not, without the express prior written consent of the Company, disclose any Confidential Information or any part thereof to any third party, except to the extent that such Confidential Information: (i) is or becomes generally available to the public through no fault of your own, or (ii) is rightfully received by you from a third party without limitation as to its use. Until the conclusion of the alpha testing you agree not to directly or indirectly copy, publish or otherwise disclose information relating to the Site Content, or the features and performance of the Site or the TechZulu Service to any third party without the express prior written consent of the Company.

24. MISCELLANEOUS

The Terms of Use is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Santa Clara, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of the Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The Terms of Use is not assignable, transferable or sublicenseable by you except with the Company’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
25. GENERAL INFORMATION

Please send any questions or comments, or report violations of the Terms of Use to:

  • Email: help@techzulu.com