The effective date of these Terms of Service to ZOPPLY, a brand of ExclusivePixel, Lda., a Portuguese Company (“ZOPPLY”), is December 28th, 2020.

1. ACCEPTANCE OF TERMS

Thank you for using ZOPPLY’s innovative platform for your web presence. ZOPPLY provides the ZOPPLY service to you, subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on www.Zopply.com or any other websites launched by ZOPPLY (collectively, the “ZOPPLY Site”) by ZOPPLY (collectively, these “Terms”).

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE ZOPPLY SITE OR USE THE SERVICE (AS DEFINED BELOW). BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE OR THE ZOPPLY SITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING ANY REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS.

We reserve the right to modify these Terms at any time by posting a notice on the ZOPPLY Site, or by sending you a notice via email or postal mail. Your viewing or using all or any part of the Service or the ZOPPLY Site constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification.

2. PURCHASED SERVICES

ZOPPLY provides users with access to a rich collection of digital marketing resources, including without limitation institutional website for your brand or company, content management service, mobile services, social media marketing services, etc. (collectively, the “Service”). The Services are offered in the product and price bundles set forth on ZOPPLY Site (as updated from time to time) and incorporated by reference into this Agreement. Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. To use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You must also provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access devices.

For purposes of these Terms, the term “site or customer” means a site user of the ZOPPLY platform or the ZOPPLY Site. Subject to these Terms, ZOPPLY hereby grants to you, and you accept from ZOPPLY, a non-exclusive, revocable, and non-transferable license to access and use the Services via the Internet. The license granted in these Terms is conditioned upon your strict compliance with these Terms: (a) you may use the Services for your own internal purposes only and not for outsourcing; (b) you will not (i) permit any third party to use the Services, or (ii) use the Services for commercial time-sharing; (c) you will not create derivative works based on the Services or cause or permit others to do so; (d) you will not modify, reverse engineering, translate, disassemble, or decompile the Services, or cause or permit others to do so, and: (e) you will not remove any title, trademark, copyright and/or restricted rights notices or labels on the Services or documentation. ZOPPLY hereby reserves all rights in and to the Services not expressly granted in these Terms. When you use the Services, you agree that ZOPPLY may exclude from your site any content or link that ZOPPLY determines to be inappropriate, confusing to your users, or inconsistent with the desired look and feel of your company’s site. Subject to the restrictions on use and on posting outlined in this Agreement, you may: use the ZOPPLY Site to invite people you know to join ZOPPLY; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages, and other materials available via the Service, and other items displayed on the ZOPPLY Site (“Content”), for your own use. You may not copy or distribute any portion of the ZOPPLY Site and/or the Service for any purpose not authorised above without the express written permission of ZOPPLY. ZOPPLY does not control the Content posted by third parties via the Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content.

YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL ZOPPLY BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE CONTENT YOU SUBMIT VIA THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE CONTENT, INTEGRITY, AND ACCURACY OF SUCH CONTENT.

ZOPPLY reserves all rights concerning the Service and the ZOPPLY Site not expressly specified herein. You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, register as a member of ZOPPLY or use the ZOPPLY Site and the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you do not so qualify, do not use the Service or the ZOPPLY Site. Membership in the Service is void where prohibited by applicable law, and the right to access the ZOPPLY Site is revoked in such jurisdictions. You must be 13 years of age or older to access the ZOPPLY Site, in compliance with the Children’s Online Privacy Protection Act (COPPA). Using the ZOPPLY Site and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and abide by all of the terms and conditions set forth herein. The ZOPPLY Site is administered in Europe and intended for Europe users; any use outside Europe is at its own risk. Users are responsible for compliance with any local laws applicable to their use of the Service or the ZOPPLY Site.

3. USE OF SERVICES

You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not ZOPPLY, are entirely responsible for all content you upload, post, or otherwise transmit via the Service. This also means that you are entirely responsible for, among other things, (a) ensuring that you have all obtained all necessary legal rights to upload, post, or otherwise transmit Content via the Service (and to grant ZOPPLY the license to such Content outlined in Section 6 below), and (b) that any Content that you upload, post, or otherwise transmit via the Service complies in all respects with the Terms. ZOPPLY does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable.

In your use of the Service or the ZOPPLY Site, you agree not to:

• Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Harm minors in any way, or seek or recommend providers of material that exploits people under the age of 18 sexually or violently, or seek or recommend providers that solicit personal information from anyone under 18;
• Post information that is pornographic or sexually explicit in nature;
• Post false or intentionally misleading information;
• Provide any posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by ZOPPLY;
• Provide any posted Content that is unlawful, or that promotes or encourages illegal activity;
• Impersonate any person or entity, including, but not limited to, a ZOPPLY official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
• Upload, post, or otherwise transmit any Content that you do not have a legal right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, trade secret, or other proprietary rights of any party, or remove any copyright, trademark, or other proprietary rights notice contained in the ZOPPLY Site, the Service, or in any Content;
• Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Interfere with or disrupt the Service or the ZOPPLY Site or servers or networks connected to the Service, use any device, software, or routine that interferes with the proper working of the Service or the ZOPPLY Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
• Intentionally or unintentionally violate any applicable local, state, national, international law, or any regulations having the force of law;
• “Stalk” or otherwise harass another user, company, service, or merchant;
• Collect, harvest, or store personal data about users, or members for any reason other than to solicit and share reviews or to gain more information about a customer for the sole purpose of delivering your services they have requested;
• Use any robot, spider, site search/retrieval application, or other automated devices, process or means to access, retrieve or index any portion of the ZOPPLY Site and/or Service;
• Create or submit unwanted email or messaging (“Spam”) to any other ZOPPLY user or otherwise interfere with the enjoyment of other Members or Users of the ZOPPLY Site or the Service;
• Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse engineering any portion of the ZOPPLY Site and/or the Service;
• Access, retrieve, or index any portion of the ZOPPLY Site and/or Service for purposes of constructing or populating a searchable database of business reviews;
• Reformat or frame any portion of the web pages that are part of the ZOPPLY Site and/or Service;
• Create user accounts by automated means or under false or fraudulent pretences;
• Use of the ZOPPLY Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in ZOPPLY’s sole discretion, an unreasonable or disproportionately large load on ZOPPLY’s IT infrastructure; or
• Copy or store any Content offered on the ZOPPLY Site for other than your own use;

You understand and agree that ZOPPLY may review and delete any business listings (including business name, address, phone, fax, distance, reviews) or other posted Content that in the sole judgment of ZOPPLY violates these Terms 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 ZOPPLY Site and/or other website users.

Also, you agree that all hyperlinks and other offers comprising the Service (e.g., hyperlinks provided in connection with ZOPPLY’s RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by ZOPPLY.

In consideration of use of the Service and the ZOPPLY Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or ZOPPLY has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ZOPPLY has the right to suspend or terminate your account and refuse any current or future use of the Service (or any portion thereof). Additionally, you agree that if you provide false information to obtain access to a ZOPPLY business site that you are not legally entitled to claim, ZOPPLY will be entitled to collect liquidated damages of €1,000 EUR per violation or actual damages incurred by ZOPPLY from you. You understand and agree that the Service may include certain communications from ZOPPLY, such as service announcements, administrative messages, and the ZOPPLY Newsletter, and that these communications are considered part of ZOPPLY membership and (except as prohibited by applicable law) you will not be able to opt-out of receiving them.

You agree that all technology owned by ZOPPLY, Content and materials, in each case delivered via the Service or otherwise made available by ZOPPLY (as well as all data generated from the ZOPPLY site or your company site) are owned by ZOPPLY and protected by copyrights, trademarks, service marks, patents, trade secrets, license rights, or other proprietary rights and laws. ZOPPLY owns your company site. The text and Content that you provide ZOPPLY for posting on your site is your property. Except as expressly authorised by ZOPPLY in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at the ZOPPLY Site for your internal business purposes; provided, however, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from the ZOPPLY Site to create or compile, directly or indirectly, a collection, database or directory without written permission from ZOPPLY is prohibited. Any third party that contacts our users for commercial reasons, including selling them products or services, violates these terms. Each violation is subject to €3,000 EUROS in penalties per instance.

Reproducing, copying, or distributing any Content, materials, or design elements on the ZOPPLY Site for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission ZOPPLY. ZOPPLY reserves any rights not expressly granted herein. You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information protected by applicable intellectual property and other laws. ZOPPLY grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided, however, that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineering, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form or use modified versions of the Software, including (without limitation) to obtain unauthorised access to the Service. You agree not to access the Service by any means other than through the interface provided by ZOPPLY for use in accessing the Service.

4. PROMOTION PRICING

If you as a merchant use the promotional pricing feature to provide consumers with deals through the ZOPPLY Site and platform, you represent and warrant to ZOPPLY that you have authority to offer such a deal and promise to honour the terms of that deal as they are presented to the consumer through the ZOPPLY Site and platform. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify ZOPPLY against any claims by users of the service that the terms of a coupon or other offered deal were not honoured.

5. FEES & PAYMENTS FOR PURCHASED SERVICES

Payment, refunds, upgrading and downgrading plans;

Restrictions

• All subscriptions will be paid in Euros.
• A valid credit card or upfront annual payment is required for paying accounts.
• Free accounts are not required to provide a credit card number.
• If you are a company and sign up for a ZOPPLY Plan, and you don’t cancel that account within thirty (30) days, you will be billed monthly starting on the thirtieth (30th) day after your account was initially created or if the design process has begun within that time after your briefing. If you cancel before processing your first invoice on the thirtieth (30th) day and no design or coding has been started, you will not be charged.
• Individuals are only eligible for one (1) 30-day free-trial if offered.
• The ZOPPLY Plans products may be billed in two ways:
  • 1) Advance payment on an annual basis for the first year and thereafter billing on an annual or monthly basis;
  • 2) Monthly payments fulfilled each month over the term of the service.
• Payment is only refundable for annual up-front payments on a pro-rata basis with credit for the time of non-usage of the ZOPPLY service and the design costs covered. There will be no refunds or credits for partial months of service, or upgrade/downgrade refunds. To treat everyone equally, no exceptions will be made.
• All ZOPPLY Plans services (as described on the ZOPPLY site) fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Portugal (country or district) taxes.
• For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
• Downgrading your plan may cause the loss of Content, features, or capacity of your account. ExclusivePixel Lda. does not accept any liability for such loss.
• You must be 18 years old to open an account.
• You must be a human to open an account. Accounts registered by “bots” or other automated methods are prohibited.

All use of WEB PRESENCE, DIGITAL MARKETING and FULL DIGITAL MARKETING MANAGEMENT Plans products (as described on the ZOPPLY site) accounts are subject to these Terms.

Cancellation and termination

• You are solely responsible for properly cancelling your account.
• You must send a request to cancel your account to [email protected]
• Your cancellation request is only officially fulfilled once you have received a confirmation notice of account cancellation from [email protected]
• All of your WEB PRESENCE, DIGITAL MARKETING and FULL DIGITAL MARKETING MANAGEMENT Plans services (as described on the ZOPPLY site) Content will be stored for up to one hundred eighty days and then immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled and the one hundred eighty (180)-day deadline has passed.
• If you cancel the WEB PRESENCE, DIGITAL MARKETING and FULL DIGITAL MARKETING MANAGEMENT Plans services (as described on the ZOPPLY site) before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again.

ZOPPLY, in its sole discretion, has the right to suspend or terminate your account and refuse any current or future use of the Service, or any other ZOPPLY service, for any reason at any time. Such termination of the Service will result in deactivating your account or your access to your account, and the forfeiture and relinquishment of all Content in your account.

ZOPPLY reserves the right to refuse service to anyone for any reason at any time.

Modifications to the service and prices

ZOPPLY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the WEB PRESENCE, DIGITAL MARKETING and FULL DIGITAL MARKETING MANAGEMENT Plans (as described on the ZOPPLY site), the Service (or any part thereof) with or without notice.

Prices of the WEB PRESENCE, DIGITAL MARKETING and FULL DIGITAL MARKETING MANAGEMENT Plans services (as described on the ZOPPLY site) are subject to change upon thirty (30) days notice from us. Such notice may be provided at any time by posting the changes to the ZOPPLY Site or the Service itself.

ZOPPLY shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the WEB PRESENCE, DIGITAL MARKETING and FULL DIGITAL MARKETING MANAGEMENT Plans services (as described on the ZOPPLY site), or the Service.

You agree that ZOPPLY may, in its sole discretion and without notice, terminate your password, your use of the Service, the ZOPPLY Site or use of any other aspect of the Service, and remove and discard any Content within the Service or the ZOPPLY Site, for any reason, including, without limitation, for lack of use or if ZOPPLY believes that you have violated or acted inconsistently with the letter or spirit of these Terms. ZOPPLY may also, in its sole discretion and at any time, discontinue providing or modify the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice. You acknowledge and agree that ZOPPLY may immediately deactivate or delete your pages on the ZOPPLY Site and all related information and files in your pages on the ZOPPLY Site and/or bar further access to such files or the Service. Further, you agree that ZOPPLY shall not be liable to you or any third-party for any modification of the Service termination of your access to the Service.

All payments will be made in Euros when clearly solicited by ZOPPLY Services. Whenever you enter into a payments transaction on the ZOPPLY Site, you agree to provide ZOPPLY with accurate, complete, and current credit card information for a credit card that you are authorised to use. You agree that all transactions are non-cancelable and non-refundable.

6. PROPRIETARY RIGHTS

ZOPPLY does not claim ownership of the Content you place on your ZOPPLY Site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the ZOPPLY Site or otherwise through the Service, you:

• Grant to ZOPPLY, its affiliates and their assignees the perpetual, irrevocable, fully assignable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, do derivative works of, and otherwise exploit such Content in any form to provide the Services, including without limitation, any concepts, ideas, or know-how embodied therein;
• Represent and warrant to ZOPPLY that you own or otherwise control all rights to such Content (including the ability to grant ZOPPLY this license) and that disclosure and use of such Content by ZOPPLY (including without limitation, publishing Content at the ZOPPLY website) will not infringe or violate the rights of any third party; and
• Acknowledge that the Content may not be treated confidentially.

You agree not to provide ZOPPLY with any confidential or proprietary information that you desire or are required to keep secret.

You acknowledge that ZOPPLY does not pre-screen Content, but that ZOPPLY and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, ZOPPLY and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable (in ZOPPLY’s sole discretion). You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

7. CONFIDENTIALITY

For information regarding how we treat our users’ personal information, please see ZOPPLY’s current, full privacy policy which is incorporated in its entirety into these Terms by this reference.

8. WARRANTIES & DISCLAIMERS

You expressly understand and agree that:

• Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. ZOPPLY 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.
• ZOPPLY makes 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, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
• Any material downloaded or otherwise obtained through the use of the 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 ZOPPLY or through or from the service shall create any warranty not expressly stated in the terms.

Readers are advised that ZOPPLY does not warrant the services provided by any service provider listed on the ZOPPLY site. It is up to the parties involved to choose the provider best suited for each customer. ZOPPLY is not involved in the selection process.

YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE CHOOSING A SERVICE FROM A PROVIDER IN ZOPPLY’S NEWSLETTER OR THE ZOPPLY SITE.

9. LIMITATION OF LIABILITY

In no event shall ZOPPLY (or its affiliates, licensors, or suppliers) be liable concerning the subject matter of these terms, regardless of the form of any claim or action (whether in contract, negligence, strict liability, or otherwise), for any (a) matter beyond its reasonable control, (b) loss or inaccuracy of data, loss, or interruption of use, or cost of procuring substitute technology, goods or services, (c) direct or indirect, punitive, incidental, reliance, special, exemplary, or consequential damages including, but not limited to, loss of business, revenues, profits, or goodwill, or (d) amounts in the aggregate greater than ten euros (€10), even if ZOPPLY has been advised of the possibility of such damages. These limitations are independent of all other provisions of this agreement and shall apply notwithstanding the failure of any remedy provided herein.

We do not conduct background checks or otherwise screen the members registering to the service in any way. As a result, we will not be liable for any damages, direct, indirect, incidental, and/or consequential, arising out of or in connection with the use of this service, including, without limitation, damages arising out of communicating and/or meeting with other members of the service, or individuals introduced to you via the service. Such damages include, without limitation, physical damages, bodily injury, and or emotional distress and discomfort. Users assume all risk of such damages, if any, that occur as a result of such damages meeting with other members of the service or the ZOPPLY site or individuals introduced to you via the service or the ZOPPLY site for any reason, including, but not limited to weather, condition of premises, negligent, grossly negligent, reckless, or intentional acts or omissions of members of the service, individuals introduced to you via the service or the ZOPPLY site, or other third parties.

You agree to indemnify and hold ZOPPLY, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) Content posted, uploaded, or otherwise transferred by you, (b) your use of the Service, (c) your connection to the Service, (d) your violation of these Terms, or (d) your violation of any rights of another.

10. COPYRIGHT DISPUTE POLICY

ZOPPLY has adopted the following general policy toward copyright infringement per the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of ZOPPLY’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section.

ZOPPLY Policy:

• It is ZOPPLY’s policy to (i) block access to or removes material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
• Procedure for Reporting Copyright Infringements: If you believe that material or Content residing on or accessible through the ZOPPLY Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”):
  • A physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ZOPPLY is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, an email address;
  • A statement that the notifier has a good faith belief that the material is not authorised by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorised to make the complaint on behalf of the copyright owner.
• Upon Receipt of a Bona Fide Infringement Notification: Once the Designated Agent receives proper Bona Fide Infringement Notification, it is ZOPPLY’s policy:
  • to remove or disable access to the infringing material;
  • to notify the Content provider, member or user that it has removed or disabled access to the material; and
  • that for repeat offenders, ZOPPLY will also terminate such Content provider’s, member’s or user’s access to the service.
• Procedure to Supply a Counter-Notice to the Designated Agent If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or under the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
  • Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
  • A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  • The Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of Lisbon’s Court for the judicial district in which the Content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside Portugal, for any judicial district in which ZOPPLY is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
• Removal: If the Designated Agent receives a counter-notice, ZOPPLY may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced, or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at ZOPPLY’s discretion.
• Address for Designated Agent. Please contact ZOPPLY’s Designated Agent to Receive Notification of Claimed Infringement at the following address: Rua José dos Santos Pereira, nº 12 – 3º Dto, 1500-380, Lisboa, Portugal.

11. GENERAL PROVISIONS

These Terms (and the documents incorporated by reference herein) constitute the entire agreement between you and ZOPPLY and govern your use of the Service, superseding any prior agreements between you and ZOPPLY (including, but not limited to, any prior versions of these Terms). These Terms and the Service contemplated hereunder are personal to you and are not assignable, transferable or sublicensable by you except with ZOPPLY’s prior written consent. ZOPPLY may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other ZOPPLY services, third-party content or third-party software. The Lisbon District laws shall govern these Terms and the relationship between you and ZOPPLY without regard to its conflict of law provisions. You and ZOPPLY agree to submit to the courts’ personal and exclusive jurisdiction located within Lisbon, Portugal. The failure of ZOPPLY to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to affect the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.

ADVERTISEMENTS, SURVEYS, MARKETING COMMUNICATIONS, ETC.

ZOPPLY runs advertisements, promotions, surveys, case studies, press releases, and other marketing communications on the ZOPPLY Site. By creating your pages on the ZOPPLY Site, you agree that ZOPPLY has the right to run such advertisements and promotions. The manner, mode and extent of advertising by ZOPPLY on your ZOPPLY Site are subject to change in the sole discretion of ZOPPLY.

COUPONS, DEALS, AND PROMOTIONS

Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant or advertiser. YOU AGREE THAT ZOPPLY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.

LINKS

The Service and the ZOPPLY Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ZOPPLY has no control over such sites and resources, you acknowledge and agree that ZOPPLY is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ZOPPLY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

VENUE ONLY

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

TRADEMARKS AND COPYRIGHTS

ZOPPLY, the ZOPPLY logo, and the “Professional Web Presence for Brands” tagline are proprietary service marks of ExclusivePixel, Lda. All rights reserved. ©2020 ExclusivePixel, Lda.

BREACH OF TERMS OF SERVICE

Using the ZOPPLY Site and the Service, you agree that damages shall be an inadequate remedy in the event you breach these Terms, and any such breach will cause ZOPPLY great and irreparable injury and damage. Accordingly, you agree that ZOPPLY shall be entitled, without waiving any additional rights or remedies otherwise available to ZOPPLY at law or in equity or by statute, to injunctive relief in the event of a breach or intended or threatened breach by you.

VIOLATIONS

Please report any violations of the Terms to us at [email protected]

12. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the ZOPPLY Site.