ZoomRadar Terms of Use

Welcome to the Terms of Use (“Terms”) for services provided by Zoom Radar, Inc., including this website (“ZoomRadar“ or “us”).  

 

Scope of Terms 

 

ZoomRadar is a snippet that facilitates the use of interactive radar maps and may be embedded into client websites.  

ZoomRadar is owned and operated/licensed by Zoom Radar, Inc. operating as a subsidiary of Scopic, Inc. (“Scopic”). 

Before you upload, install, use, or otherwise access ZoomRadar, please read these Terms carefully. These Terms constitute a legally binding agreement between you and/or the organization you represent and apply to your sole usage of ZoomRadar and/or usage of ZoomRadar on behalf of your organization. 

If you are accepting these Terms on behalf of a legal entity, you represent and warrant that you have full authority to bind such entity to these terms. By extension, therefore, references to “you” or “your” refer to the individual end-user and the entity. 

By accessing, uploading, embedding, installing, and/or using ZoomRadar, you expressly acknowledge that you understand these Terms and accept them. If you don’t want to be bound by these Terms, you may elect not to use ZoomRadar. 

 

License 

Subject to your compliance with these Terms, ZoomRadar grants you a limited, non-exclusive, revocable, non-transferable license to upload, embed, install, access, and use ZoomRadar in object form for your personal, professional or business use. You may not sublicense this license without ZoomRadar’s prior written consent. ZoomRadar reserves any rights not expressly granted herein. ZoomRadar may, but is not required to, provide any updates, enhancements, modifications, revisions, or additions to ZoomRadar. Any such updates will be subject to the same licensing terms and requirements as applied to ZoomRadar.  
 
ZoomRadar may be embedded only if you have subscribed to the available monthly plans. You must purchase the license tier for ZoomRadar that matches the number of users you have licensed for use of ZoomRadar. ZoomRadar will only function if its license tier matches or exceeds the users tier. 

 

Limitations of use 

You may not try to reproduce, modify, create derivative works, develop or release any software that scrapes, crawls, or otherwise mines data from ZoomRadar, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise use ZoomRadar except as expressly permitted by the license granted under these Terms.  

You shall not reverse engineer, reverse compile, or disassemble the object and/or source code. You shall not create and release any software on top of ZoomRadar in order to crawl, scrape, index, or use data accessed by ZoomRadar.  

You shall maintain and not remove or obscure any proprietary notices on ZoomRadar and shall reproduce such notices on all permitted copies of ZoomRadar. 

 

Payments and Charges  

The use of ZoomRadar is subject to fees as defined on our website, under the ‘Map For Your Website’ page (“Subscription Fee”). Subscription Fees are generally charged monthly but depend on the plan that is chosen. The Subscription Fee also depends on the subscription plan that you select. All fees are non-refundable once paid. 
 
Your subscription to ZoomRadar is automatically extended unless you cancel it prior to the expiration of the subscription term. Cancelling your subscription means that you will not be charged the Subscription Fee for the next subscription term, but you will not receive any refunds for amounts that have already been charged. However, you will be able to use ZoomRadar until the end of the subscription term. 

The Subscription Fee excludes any taxes. You are responsible for paying the taxes and duties that are applicable in your jurisdiction.  

The Subscription Fee can be increased by ZoomRadar at any time. ZoomRadar will notify you of the increase at least 30 days prior. If you disagree with the increased Subscription Fee, you may cancel your subscription. Otherwise, the new Subscription Fee will be deemed as accepted.  

 

Communications 

By accepting these Terms or using ZoomRadar, you agree to receive communications from ZoomRadar for marketing and non-marketing purposes. You may opt out of receiving any marketing communication at any time by contacting ZoomRadar at marketing@zoomradar.com.  

Any legal notices, including pre-arbitration notices, copyright infringement notices, and requests connected with consumer protection regulations, can be sent to legal@zoomradar.com.  

 

Support 

ZoomRadar provides support services for its users. However, some such services may be subject to additional fees. If any support services are subject to a fee, you will be notified before the support service is provided. 

To request support, you may email support@zoomradar.com. ZoomRadar will make its best efforts to provide support within a reasonable time frame; however, ZoomRadar does not provide any warranties regarding response/resolution times.  

 

Intellectual Property Rights 

ZoomRadar and all intellectual property rights contained therein are the property of, or licensed by, Zoom Radar, Inc. You may not copy, imitate, or use any intellectual property, including logo, trademark, source code and any other information, or data without prior written consent. 

You warrant that you will not use ZoomRadar:  

  1. i. to infringe the intellectual property rights of any third party; 

  1. ii. to violate any applicable laws;  

  1. iii. to disseminate, transfer or store information that is harmful, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise violate any law or right of any third party;  

  1. iv. to disseminate any software viruses or any other computer code, files, or programs that may interrupt, destroy or limit the functionality of ZoomRadar;  

  1. v. to run “bots”, “robots,” “spiders” or any other automated or manual processes that run or are activated while you are not logged in. 

 

Third-party Software  

ZoomRadar may contain software licensed to ZoomRadar by third parties including, but not limited to, open-source software. Additional obligations may apply to using such software, and it is your responsibility to ensure compliance with those terms. Any third-party license terms will be available along with the software. 

 

Trademarks

You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on or in ZoomRadar. You are not granted any rights to any trademarks or service marks of Scopic by using ZoomRadar. 

Termination 

Either party may terminate the subscription at any time for any reason with thirty (30) days’ notice. 

ZoomRadar reserves the right to terminate your subscription and access to the service at any time, with or without cause, upon providing thirty (30) days’ written notice. In cases of material breach of these Terms, ZoomRadar may terminate your subscription immediately without prior notice. 

Upon termination of these Terms, you are not entitled to any refund and shall pay all the overdue payments immediately.  

You guarantee that upon the termination of these Terms/your subscription, you shall erase all the copies of the software (if any) immediately. You will certify this upon our request. 

 

Governing Law and Dispute Resolution 

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association or its international branch, ICDR, in accordance with its Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be one. The place of arbitration shall be Boston, MA, USA. The language to be used in the arbitral proceedings is English. 

These terms shall be construed in accordance with and governed by the substantive law of the Commonwealth of Massachusetts in the US. Each party shall bear its own costs, irrespective of the outcome of the dispute. 

THE PARTIES AGREE TO ARBITRATE ANY DISPUTE ON AN INDIVIDUAL BASIS, AND EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.  

 

No Warranty 

Except as expressly provided for herein, ZoomRadar is provided on an “as is” and “as available” basis without any warranties of any kind, and ZoomRadar disclaims all warranties, whether expressed or implied. 

To the maximum extent permitted by applicable law, ZoomRadar expressly disclaims all warranties and conditions, including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from a course of dealing or usage of trade. 

ZoomRadar does not guarantee that it is error-free, free of viruses, available at all times/locations, and without interruption and that any operational defect will be corrected. ZoomRadar is not liable should any of the above occur.  

 

Indemnity  

By accepting these Terms, you agree to protect, defend, indemnify and hold harmless ZoomRadar from and against all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by ZoomRadar directly or indirectly arising from your usage of ZoomRadar. 

Subject to the Limitation of Liability clause, ZoomRadar will indemnify and hold you harmless against all costs, expenses, losses, and claims made against you as a result of any infringement of a third party’s intellectual property rights arising from your use of ZoomRadar. Provided that you must notify ZoomRadar of the charge of infringement or the legal proceeding, give ZoomRadar sole control of the defense and related settlement negotiations, and provide ZoomRadar, at your own expense, with reasonable assistance and information. 

 

Limitation of Liability 

In no event shall ZoomRadar be liable for indirect, incidental, special, punitive, or consequential damages. ZoomRadar’s liability is limited to your monthly subscription fee. 

 

Responsibility 

ZoomRadar is not responsible for the quality of any Third-Party Providers on its website (“Third-party Providers”). 

ZoomRadar is not responsible for any access to or use of your data by Third-party Providers or their products or services or for the security or privacy practices of any Third-party Provider or its products or services. 

It is your sole responsibility to review the agreement between you and the Third-party Provider carefully.  

ZOOMRADAR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS.  

 

Publicity 

You grant ZoomRadar the right to include your name and logo as a customer in promotional material. You may deny ZoomRadar this right at any time by submitting a written request via email to marketing@zoomradar.com requesting to be excluded from promotional material. Requests may take thirty (30) calendar days to process. 

 

Pricing  

All prices are subject to change without prior notice. Price changes may apply to users during their monthly renewals without notification. It is the user’s responsibility to review the current pricing before renewal. 

 

Miscellaneous 

No agency, partnership, joint venture, or employment is created because of these Terms.  
 
The failure of either ZoomRadar or the user to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights.  

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.  

ZoomRadar may transfer or assign these Terms and its rights and obligations without your consent.  
 
This Agreement constitutes the entire agreement between you and ZoomRadar with respect to the subject matter and supersedes and replaces all prior agreements. 

We may revise these Terms of Use at our sole discretion. All changes will be effective immediately after we post them. Please check this page regularly to ensure that you are familiar with the current version of the Terms. By your continued use of ZoomRadar after the publication of the revised Terms of Use, you accept and agree to the terms and conditions in the revised Terms of Use. These Terms were amended on October 09, 2024

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