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ZAFOOBA.COM PRIVACY
POLICY
By visiting, using and/or submitting
information to ZAFOOBA.COM, you are accepting the
practices described in this Privacy Policy and the terms and
conditions of ZAFOOBA.COMs Terms of Use and Service
Agreement (the "Terms of
Use").
ZAFOOBA.COM is owned and
operated by MLBJ, Inc., a Cayman Islands corporation
(the "Company"). the Company respects your privacy, and has
published this Privacy Policy to explain, among other things,
how the Company treats all information you may submit to
ZAFOOBA.COM.
ACCESS AND USE OF
ZAFOOBA.COM
You represent that you are
of legal age to agree to the terms and conditions set forth in
this Privacy Policy, or you are at least 13 years of age and
have your parents permission to access and use
ZAFOOBA.COM and to register to use the Companys
Services (as defined below). Neither ZAFOOBA.COM
nor the Services are intended to be used by, and are not
directed to, children under 13 years of age.
ZAFOOBA.COM does not ask visitors to
ZAFOOBA.COM or registering users to provide age
information, and f or this reason, the Company will treat all
visitors and registered users the same and shall not be
responsible for ensuring that parental consent has been
obtained.
COLLECTION OF PERSONAL
INFORMATION
In order to provide you with
downloadable mobile entertainment content (such as ringtones,
games, graphics, news) and other services (collectively, the
"Services") you may provide us with certain personal
information, such as your name, postal address, phone number,
mobile phone number, email address, credit card numbers, bank
account information or passwords, information regarding your
personal interests and preferences, date of service, and
demographic and usage information. You acknowledge and agree
that the Company may collect and process such personal
information in connection with the Service. You further
acknowledge and agree that the Company may transfer your
personal information outside of your country for storage and
processing.
CHANGE OF PERSONAL
INFORMATION/REGISTRATION DATA
You may request a
change to your personal information or Registration Data (as
the term is defined in the Terms of Use), by contacting the
Company at care@ZAFOOBA.COM (please include in the
Subject line the words "Change in Registration Data") or at
ZAFOOBA.COM. Pursuant to the Terms of Use, it is
your responsibility to maintain and promptly update the
Registration Data to keep it true, accurate, current and
complete.
USE OF PERSONAL
INFORMATION
The Company uses your personal
information to improve and customize the advertising and
content you see on the Companys websites, to fulfill your
requests for certain products and services, and, if you permit
us, to contact you about special offers and new products. Your
personal information may also be aggregated and used by the
Company for market research, project planning, troubleshooting
problems, detecting and protecting against error, fraud or
other criminal activity, to enforce the Companys Terms of Use,
for other internal purposes, and as otherwise described to you
at the time of collection. the Company will obtain your
consent for any use of your personal information beyond the
original uses for which you provided your
consent.
You agree that the Company may use
personal information about you to improve the Companys
marketing and promotional efforts, analyze site usage, improve
the Companys content and product offerings, customize
ZAFOOBA.COMs content, layout, and services, and as
otherwise set forth in this Privacy Policy. You also agree
that the Company may use your personal information to contact
you and deliver information to you that, in some cases, is
targeted to your interests, such as targeted banner
advertisements, administrative notices, product offerings, and
communications relevant to your use of ZAFOOBA.COM.
By accepting the Terms of Use and this Privacy Policy, you
expressly agree to receive this
information.
DISCLOSURE OF PERSONAL
INFORMATION
Absent your prior consent, the
Company does not currently share your personal information
with any unrelated third parties. Additionally, the Company
does not permit unrelated third parties to perform "reverse
searches" whereby they could identify users from e-mail
addresses. the Company does, however, share some of your
personal information with its affiliates, and you authorize
the Company and its affiliates to use your personal
information in connection with any wireless, text message, wap
push, online or off-line offering or any electronic mail
offerings or campaigns. In addition, the following describes
some of the ways that your personal information may be
disclosed in the normal scope of business to provide the
Companys Services:
Advertisers: the Company may
aggregate personal information and disclose such information
in a non-personally identifiable manner to advertisers and
other third parties for their marketing and promotional
purposes. However, in these situations, the Company does not
disclose to these entities any information that could be used
to identify you personally. Certain information, such as your
name, email address, password, credit card number, and bank
account number, are not disclosed to these third parties in a
personally identifiable manner without your explicit
consent. External Service Providers . There are a
number of separate services offered by third parties that the
Company refers to as external service providers that may be
complementary to your use of ZAFOOBA.COM. If you
choose to use these separate services, disclose information to
the external service providers, and/or grant them permission
to collect information about you, then their use of your
information is governed by their privacy policy. The Company
does not disclose your personally identifiable information to
external service providers unless you provide your explicit
consent. With your consent, the Company may provide some of
your personal information to the external service provider
offering such services, for your convenience. To prevent the
Companys disclosure of your personally identifiable
information to an external service provider, you can decline
such consent or simply not use their services. Because the
Company does not control the privacy practices of these third
parties, you should evaluate their practices before deciding
to use their services. Notwithstanding the foregoing, the
Company may disclose your personal information to your mobile
phone service provider to secure collection of
fees.
Internal Service Providers: The Company may use
third parties that the Company refers to as internal service
providers to facilitate or outsource one or more aspects of
the Companys business, product and service operations that the
Company provided to you and, therefore, the Company may
provide some of your personal information directly to these
internal service providers. These internal service providers
are subject to confidentiality agreements with us and other
legal restrictions that prohibit their use of the information
the Company provides them for any other purpose except to
facilitate the specific outsourced Company related operation,
unless you have explicitly agreed or given your prior
permission to them for additional uses. In some instances, the
internal service provider may collect information directly
from you. In these cases, you will be notified of the
involvement of the internal service provider, and all
additional information you provide them and their additional
uses will be strictly up to you. If you provide additional
information to an internal service provider directly, then
their use of your personally identifiable information is
governed by their applicable privacy
policy.
Notwithstanding the foregoing, the
Company reserves the right (and you authorize the Company) to
share or disclose your personal information, including,
without limitation, any content, records or electronic
communications of any kind, when the Company determines, in
its sole discretion, that the disclosure of your personally
identifiable information is necessary to identify, contact, or
bring legal action against you if:
- you are or may be violating this Privacy Policy or the
Terms of Use;
- you are interfering with another's rights or property,
including, without
- limitation, the Companys rights or property;
- you are violating any applicable law, rule or
regulation;
- necessary or required by any applicable law, rule or
regulation; and/or
- requested by authorities in the event of any act of
terrorism or instance of local, regional or national
emergency.
In addition, due to the existing regulatory environment,
the Company cannot ensure that all of your private
communications and other personal information will never be
disclosed in ways not otherwise described in this Privacy
Policy. By way of example (without limiting the foregoing),
the Company may be forced to disclose personal information to
the government or third parties under certain circumstances or
third parties may unlawfully intercept or access transmissions
or private communications. Therefore, although the Company
uses industry standard practices to protect your privacy, the
Company does not promise, and you should not expect, that your
personally identifiable information or private communications
will always remain
private.
NEWSLETTER
The Company
maintains a strict "no-spam" policy. ZAFOOBA.COM
fully complies with CAN-SPAM regulations. If you register at
ZAFOOBA.COM, you will receive the Companys e-mail
newsletter and special offers via SMS, unless you have
requested otherwise at the time of registration or as set
forth below.
You may unsubscribe from the
Companys electronic newsletters at any time by following the
instructions contained at the end of every newsletter. While
all efforts are made to insure this information is viewable in
all email browsers, there may be cases where certain email
browsers do not display the unsubscribe information correctly.
If you are having problems unsubscribing please forward the
entire newsletter to unsubscribe@ZAFOOBA.COM, with
the word UNSUBSCRIBE in the Subject line and you will be
removed within 7 business days. Please note that direct
replies to any newsletter are processed by computer and are
not viewed by a human.
COOKIES
"Cookies"
are alphanumeric identifiers in the form of text files that
are inserted and stored by your web browser on your computers
hard drive. the Company and third party advertisers may set
and access cookies on your computer to track and store
preferential information about you. the Company and third
party advertisers gather anonymous information about its users
through cookie technology on an aggregate level only. Such
aggregated information is used within the Companys internal
organization and is shared with third party
advertisers.
SECURITY
Personal
information you submit to the Company is password protected
for your privacy and security. In certain areas, the Company
uses industry-standards SSL-encryption to protect data
transmissions. In the unlikely event that an unauthorized
third party compromises the Companys security measures, the
Company will not be responsible for any damages directly or
indirectly caused by an unauthorized third partys ability to
view, use or disseminate such information.
LINKS
TO OTHER WEBSITES
ZAFOOBA.COM may
include links to third party websites. Such links are not an
endorsement by the Company of those websites and/or the
products or services offered there. Third party websites may
have different privacy policies, and the Company is not
responsible for the privacy practices of those third party
websites. If you click on a link to a third party website, the
Company encourages you to check the privacy policy of that
website, as it may differ substantially from that of this
Privacy Policy. The Company makes no representations or
warranties, nor is the Company responsible for, the privacy
policies of any websites outside ZAFOOBA.COM. If
you decide to access any third party links appearing on
ZAFOOBA.COM, you do so at your own
risk.
TRANSMISSIONS, SUBMISSIONS AND POSTINGS TO
ZAFOOBA.COM
The Company welcomes the
submission of comments, information or feedback through this
site. However, as set forth in detail in the Terms of Use, the
Company does not want to receive certain kinds of information
from you, including any confidential or proprietary
information, without prior written consent of the Company.
Although the Company does not regularly review your
transmissions, submissions or postings, the Company reserves
the right (but not the obligation), at its sole discretion and
at any time, to edit, refuse to post or remove your
transmissions, submissions or postings. You hereby acknowledge
and agree that the Company may review transmissions,
submissions or postings made by you to determine, in its sole
discretion, your compliance with this Privacy Policy and the
Terms of Use, and that the Company shall have the unrestricted
right to use such information for any purpose and without
compensation to you.
CHANGES TO THIS PRIVACY
POLICY
The Company reserves the right to update,
amend and/or change this Privacy Policy at any time in its
sole discretion and without notice. Updates to this Privacy
Policy will be posted here. Any information the Company
collects from you online is subject only to the Companys most
current Privacy Policy. You are encouraged to revisit this
Privacy Policy from time to time in order to review any
changes that have been made. The Companys last update was
June 1, 2006. Your continued access and use of
ZAFOOBA.COM following the posting of any such
changes shall automatically be deemed your acceptance of the
same.
QUESTIONS OR CONCERNS
If you
have questions, comments, concerns or feedback regarding this
Privacy Policy, send an email to
care@ZAFOOBA.COM.
GOVERNING LAW:
Arbitration
This Privacy Policy is to be governed
by and construed in accordance with the internal laws of the
State of Florida, without regard for principles of conflicts
of laws. Any civil action, claim, dispute or proceeding
arising out of, or relating to, this Privacy Policy shall be
referred to final and binding arbitration, before a single
arbitrator, under the commercial arbitration rules of the
American Arbitration Association in Miami Dade County,
Florida. The arbitrator shall be selected by you and the
Company, and if you and the Company are unable to reach
agreement on selection of the arbitrator within thirty (30)
days after the notice of arbitration is served, then the
arbitrator shall be selected by the Company. Arbitration shall
not commence until the party requesting it has deposited One
Thousand Dollars ($1,000.00) with the arbitrator as a retainer
for the arbitrator's fees and costs. The party requesting
arbitration shall advance such sums as are required from time
to time by the arbitrator to pay the arbitrator's fees and
costs until the prevailing party is determined or the parties
have agreed in writing to an alternate allocation of fees and
costs.
Judgment upon any award rendered by the
arbitrator shall be final, binding and conclusive upon you and
the Company, and your and the Companys respective
administrators, executors, legal representatives, successors
and assigns, and may be entered in any court of competent
jurisdiction. Notwithstanding the previous sentence, in no
event shall either you or the Company be entitled to punitive,
special, indirect or consequential damages, and both you and
the Company hereby waive your rights to any punitive, special,
indirect or consequential damages, including, but not limited
to, damages for any loss of profit, revenue or business. The
jurisdiction and venue for any action brought for purposes of
compelling arbitration or enforcing an arbitration award
arising from, under or connected with this Privacy Policy
shall be exclusively in the state and/or federal courts in and
for Miami-Dade County, Florida, and each party hereby waives
any objection to such jurisdiction and venue based upon forum
non conveniens or otherwise.
The application of
the United Nations Convention on Contracts for the
International Sale of Goods is expressly
excluded.
MISCELLANEOUS
If any
portion of this Privacy Policy is deemed unlawful, void or
unenforceable by any arbitrator, this Privacy Policy as a
whole shall not be deemed unlawful, void or unenforceable, but
only that portion of this Privacy Policy that is unlawful,
void or unenforceable shall be stricken from this Privacy
Policy.
The headings contained in this Privacy
Policy are for convenience of reference only, are not to be
considered a part of this Privacy Policy, and shall not limit
or otherwise affect in any way the meaning or interpretation
of this Privacy Policy.
All covenants,
agreements, representations and warranties made in this
Privacy Policy, as may be amended by the Company from time to
time, shall survive your acceptance of this Privacy Policy and
the termination of this Privacy Policy.
This
Privacy Policy, the Terms of Use and any additional Service
terms and conditions made available to you by the Company,
each as amended from time to time, represent the entire
understanding and agreement between you and the Company
regarding the subject matter of the same, and supersede all
other previous agreements, understandings and/or
representations regarding the same.
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