Terms

Terms We are in no way affiliated with Zillow. The following Terms of Use outline your obligations when using the Zomment.com website. 1. ACCEPTANCE OF TERMS The web pages available at Zomment.com, and all linked pages ("Site"), are owned and operated by Zomment.com. ("Zomment"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. 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. Zomment.com'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY Zomment.com, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. 2. MODIFICATIONS OF TERMS OF USE Zomment.com reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Zomment.com will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Zomment.com's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified. 3. DESCRIPTION OF SERVICE Subject to full compliance with the Terms of Use, Zomment.com may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Zomment.com performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Zomment.com may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Zomment.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. 4. YOUR REGISTRATION OBLIGATIONS As a condition to using Services, you are not required to if you would like to, you can register with Zomment.com and select a password and screen name ("Zomment.com User ID"). You shall provide Zomment.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Zomment.com account. You may not (i) select or use as a Zomment.com User ID a name of another person with the intent to impersonate that person; (ii) use as a Zomment.com User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Zomment.com User ID a name that is otherwise offensive, vulgar or obscene. Zomment.com reserves the right to refuse registration of, or cancel a Zomment.com User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Zomment.com password. Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services. 5. USER CONDUCT As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Zomment.com. By way of example, and not as a limitation, you agree not to use the Services: 1. to abuse, harass, threaten, impersonate or intimidate other Zomment.com users; 2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, promotes violence, selling of legal or illegal drugs or otherwise violates any law or right of any third party; 3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content; 4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Zomment.com user; 5. to create or submit unwanted email ("Spam") to any other Zomment.com users or any URL; 6. to violate any laws in your jurisdiction (including but not limited to copyright laws); 7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content; 8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site; 9. with the intention of artificially inflating or altering the 'Zomment.com count', comments, or any other Zomment.com service, including by way of creating separate user accounts for the purpose of artificially altering Zomment.com's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Zomment.com's services; 10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; 11. attempt to impersonate another user or person; 12. sell or otherwise transfer your profile. IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, BY "Zomment.com" ANY CONTENT) ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, BY PAYING ANY OTHER USER TO "Zomment.com" ANY CONTENT). Zomment.com may remove any Content and Zomment.com accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: c@Zomment.com.com. You are solely responsible for your interactions with other users of the Site. Zomment.com reserves the right, but has no obligation, to monitor disputes between you and other users. 6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE By creating and posting Content to Zomment.com, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0/ and that you will not object to the use of the Content by Zomment.com in any context. To clarify, the above does not apply to the Content on external sites linked to by the original submission. 7. COPYRIGHT COMPLAINTS Zomment.com respects the intellectual property of others. It is Zomment.com's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Zomment.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Zomment.com may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Zomment.com will terminate access for subscribers and account holders who are repeat infringers. Notifying Zomment.com of Copyright Infringement: To provide Zomment.com notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of c@Zomment.com.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright. Providing Zomment.com with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Zomment.com with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at c@Zomment.com.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney. 8. Zomment.com PRIVACY POLICY Zomment.com's current privacy policy is available at Zomment.com.com/privacy (the "Privacy Policy"), which is incorporated by this reference. 9. INDEMNITY You will indemnify and hold harmless Zomment.com, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Zomment.com User ID, of any intellectual property or other right of any person or entity. 10. WARRANTY DISCLAIMERS You acknowledge that Zomment.com has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Zomment.com from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Zomment.com makes no representations concerning any content contained in or accessed through the Site or Services, and Zomment.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 11. LINKS The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Zomment.com has no control over such sites and resources, you acknowledge and agree that Zomment.com 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 Zomment.com 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. 12. LIMITATION OF LIABILITY IN NO EVENT SHALL Zomment.com OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 13. TERMINATION Zomment.com may terminate or suspend any and all Services and your Zomment.com account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Zomment.com account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 14. MISCELLANEOUS No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Zomment.com in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Zomment.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Zomment.com's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Zomment.com's prior written consent. Zomment.com may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Orange County and the United States District Court of California. Notwithstanding the foregoing sentence, (but without limiting Zomment.com's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in California using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. 15. TRADEMARKS Zomment.com, and other Zomment.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Zomment.com in the U.S. and/or other countries. Zomment.com's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the Zomment.com icon pack may used by partner and third party sites in connection with providing appropriate "Zomment.com This" and "Submit to Zomment.com" links to the Zomment.com site.  Privacy Policy Zomment needs to gather and use certain information about individuals. These can include customers, suppliers, business contacts, employees and other people the organisation has a relationship with or may need to contact. This policy describes how this personal data must be collected, handled and stored to meet the company’s data protection standards — and comply with the law. Why this policy exists This data protection policy ensures Zomment: •Complies with data protection law and follow good practice •Protects the rights of staff, customers and partners •Is open about how it stores and processes individuals’ data •Protects itself from the risks of a data breach Data protection law The Data Protection Act 1998 describes how organisations — including Zomment— must collect, handle and store personal information. These rules apply regardless of whether data is stored electronically, on paper or on other materials. To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully. The Data Protection Act is underpinned by eight important principles. These say that personal data must: 1.Be processed fairly and lawfully 2. Be obtained only for specific, lawful purposes 3. Be adequate, relevant and not excessive 4.Be accurate and kept up to date 5. Not be held for any longer than necessary 6. Processedin accordance with the rights of data subjects 7. Be protected in appropriate ways 8. Notbe transferred outside the European Economic Area (EEA), unless that country or territory also ensures an adequate level of protection People, risks and responsibilities Policy scope This policy applies to: •The head office of Zomment •All branches of Zomment •All staff and volunteers of Zomment •All contractors, suppliers and other people working on behalf of Zomment It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the Data Protection Act 1998. This can include: •Names of individuals •Postal addresses •Email addresses •Telephone numbers •…plus any other information relating to individuals Data protection risks This policy helps to protect Zomment from some very real data security risks, including: •Breaches of confidentiality.For instance, information being given out inappropriately. •Failing to offer choice.For instance, all individuals should be free to choose how the company uses data relating to them. •Reputational damage.For instance, the company could suffer if hackers successfully gained access to sensitive data. Responsibilities Everyone who works for or with Zomment has some responsibility for ensuring data is collected, stored and handled appropriately. Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles. However, these people have key areas of responsibility: •We are responsible for: oReviewing all data protection procedures and related policies, in line with an agreed schedule. oArranging data protection training and advice for the people covered by this policy. oHandling data protection questions from staff and anyone else covered by this policy. oDealing with requests from individuals to see the data Zomment holds about them (also called ‘subject access requests’). oChecking and approving any contracts or agreements with third parties that may handle the company’s sensitive data. oEnsuring all systems, services and equipment used for storing data meet acceptable security standards. oPerforming regular checks and scans to ensure security hardware and software is functioning properly. oEvaluating any third-party services the company is considering using to store or process data. For instance, cloud computing services. oApproving any data protection statements attached to communicationssuch asemails and letters. oAddressing any data protection queries from journalists or media outlets like newspapers. oWhere necessary, working with other staff to ensure marketing initiatives abide by data protection principles. General staff guidelines •The only people able to accessdata covered by this policyshould be those whoneed it for their work. •Datashould not be shared informally. Whenaccess to confidential information is required,employees can request it from their line managers. •Zomment will provide trainingto all employees to help them understand their responsibilities when handling data. •Employees should keep all data secure,by taking sensible precautions and following the guidelines below. •In particular,strong passwords must be usedand they should never be shared. •Personal datashould not be disclosedto unauthorised people, either within the company or externally. •Data should beregularly reviewed and updatedif it is found to be out of date. If no longer required, it should be deleted and disposed of. •Employeesshould request helpfrom their line manager or the data protection officerif they are unsure about any aspect of data protection. Data storage These rules describe howand wheredata should besafely stored. Questions about storing data safely can be directed to the IT manager or data controller. When dataisstored on paper,it should bekept in a secure place where unauthorised people cannot see it. These guidelines also apply to data that is usually stored electronically but has been printed out for some reason: •When not required, the paper or files should be keptin a locked drawer or filing cabinet. •Employees should make surepaper and printouts arenot left where unauthorised people could see them, like on a printer. •Data printouts should be shreddedand disposed of securelywhen no longer required. When data isstored electronically, itmust be protected from unauthorised access, accidental deletion and malicious hacking attempts: •Data should be protected by strong passwords that are changed regularly and never shared between employees. •If data isstored on removable media(like a CD or DVD), these should be kept locked away securely when not being used. •Data should only be stored on designated drives and servers, and should only be uploaded toan approved cloud computing services. •Servers containing personal data should besited in a secure location, away from general office space. •Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures. •Data should never be saved directlyto laptops or other mobile devices like tablets or smart phones. •All servers and computers containing data should be protected by approved security software and a firewall. Data use Personal data is of no value to Zomment unless the business can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft: •When working with personal data, employees should ensurethe screens of their computers are always lockedwhen left unattended. •Personal datashould not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure. •Datamustbeencrypted before beingtransferred electronically. The IT manager can explainhowto send data to authorized external contacts. •Personal data shouldnever be transferred outside of the European Economic Area. •Employeesshould not save copies of personal data to their own computers.Always access and update the central copy of any data. Data accuracy The law requires Zomment to take reasonable steps to ensure data iskept accurate and up to date. The more important it is that the personal data is accurate, the greater the effort Zomment should putinto ensuring its accuracy. It is the responsibility of all employees who work with data totake reasonable steps toensure it is kept as accurate and up to date as possible. •Data will be held inas few places as necessary. Staff should not create anyunnecessary additional data sets. •Staff shouldtake every opportunity toensure data is updated.For instance,by confirminga customer’s details when they call. •Zomment will make iteasy for data subjects to update theinformation Zomment holdsabout them. For instance, via the company website. •Data should beupdated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database. •It is the marketing manager’s responsibility toensure marketing databasesare checkedagainst industry suppression filesevery six months. Subject access requests All individuals who are the subject of personal data held by Zomment are entitled to: •Askwhat informationthecompanyholds about them and why. •Askhow to gain accessto it. •Be informedhow to keep it up to date. •Be informedhow the company is meeting its data protection obligations. If an individual contacts the company requesting this information, this is called a subject access request. Subject access requests from individuals should be made by email, addressed to the data controller at c@Zomment.com. The data controller can supply a standard request  form. The data controller will aim to provide the relevant data within 14 days. The data controller will always verify the identity of anyone making a subject access request before handing over any information. Disclosing data for other reasons In certain circumstances, the Data Protection Act allows personal data to be disclosed to law enforcement agencies without the consent of the data subject. Under these circumstances, Zomment will disclose requested data.However, the data controller will ensure the request is legitimate, seeking assistance from the board and from the company’s legal advisers where necessary. Providing information Zomment aims to ensure tha tindividuals are aware that their data is being processed, and that they understand: •How the data is being used •How to exercise their rights To these ends, the company has a privacy statement,setting out how data relating to individuals is used by the company. To request information please contact us at contact@Zomment.com