Thank you for visiting www.zoomiesnyc.com (hereinafter referred to as the “Site”).

Please read this agreement carefully (“Agreement”). This Agreement states the terms and conditions under which you may use the zoomiesnyc.com website (the “Website”). By accessing the Website you agree to the terms of this Agreement and you indicate that you have had an opportunity to review the terms of this Agreement and understand and intend that this Agreement is a legally binding contract. If you do not agree with the terms of this Agreement, please exit the Website.

PROPRIETARY RIGHTS NOTICES

All text, graphics, logos, button icons, images and the selection and arrangement of the content of this Website, as well as the computer programs used to generate web pages and the Website are the exclusive property of Zoomies, LLC, its licensors and or affiliates, (collectively, “Zoomies”) and is protected by U.S. and international copyright, trademark, patent and other laws, and may not be used, copied, modified, distributed, transmitted, displayed, performed, reproduced, published, licensed, derived from, transferred or sold without the express written permission of Zoomies. Zoomies reserves any and all rights, in all media and technologies existing now or later developed, not expressly granted in this Agreement. Access to this Website with the intent to download information for other than personal use will be considered an infringement of copyright and prosecuted accordingly. If you obtain prior written permission from Zoomies to download material, you must retain all copyright and other proprietary notices displayed on the materials. The deletion or alteration of any copyright or other proprietary notices from this Website is strictly forbidden.

The trademarks, service marks, designs, images and logos (collectively, “Trademarks”) displayed on this Website are the registered and unregistered trademarks of Zoomies. Your use of the Trademarks displayed on this Website except as provided in this Agreement, is strictly prohibited. Nothing in this Agreement shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Zoomies. Copyright © 2005 Zoomies, LLC, 434 Hudson Street, New York, NY 10014 U.S.A.

INFRINGEMENT NOTICE

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Zoomies has designated David Perry, Blank Rome LLP, One Logan Square, Philadelphia, PA 19103 U.S.A., (215)669-5767, Copyright Agent of Zoomies to receive notifications of claimed infringement. If you believe that your work has been copied and is accessible on the Website, in a way that constitutes copyright infringement, you may notify Zoomies by providing its Copyright Agent with the following information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (3) Identification of the URL or other specific location on the Website where the allegedly infringing material is located; (4) Your address, telephone number and email address; (5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent to act on behalf of the copyright owner.

TERMS OF USE

In exchange for entering into and complying with this Agreement Zoomies hereby grants you a non-exclusive and non-transferable license to use the Website under the terms of this Agreement. This license is not a sale of any of Zoomies rights. The Website may be used only by you, and you may not rent, lease, lend or sub-license its use or any information or intellectual property of Zoomies on the Website or any of your rights under this Agreement. You agree to use this Website only for personal, non-commercial, lawful purposes. Accordingly, as one of the terms of this Agreement, you represent, warrant and agree that you will not use the Website for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Website complies with this Agreement and to seek prior written permission for any uses not expressly permitted herein.

In connection with your use of the Website, you shall not: (1) post, transmit, link, facilitate distribution of or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable content; (2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another person or entity; (3) upload files that contain software or other material protected by law unless you own or control the rights thereto or have received all necessary consents; (4) upload files that contain corrupted files, viruses or any other similar software files the intent of which is to damage the operation of another’s computer; (5) post or transmit, or cause to be posted or transmitted, chain letters, pyramid schemes, “junk mail,” “spam,” unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, except in those areas that are expressly designated for such a purpose, or collect or harvest screen names of other users; (6) impersonate any person or entity, including, a Zoomies official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (7) falsify the origin or source of software or other material contained in a file that is uploaded; (8) violate any operating rule, policy or guideline of any other interactive service offered by Zoomies, its licensors and or affiliates; (9) intentionally or unintentionally violate any applicable law, rule or regulation having the force of law; (10) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website; (11) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; (12) take any action which imposes an unreasonable or disproportionately large load on this Website’s infrastructure; (13) disclose or share any password for the Website with any third party or using your password for any unauthorized purpose; (14) use or attempt to use any engine, software, tool, agent or other device or mechanism to navigate or search the Website other than the search engine and search agents provided for your use by Zoomies and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); and/or (15) attempt to decipher, decompile, disassemble or reverse engineer any software comprising or in any way making up a part of the Website. The foregoing is not an exclusive list of the activities or conduct prohibited in connection with this Website.

WEBSITE SECURITY RULES

You agree not to violate or attempt to violate, the security of this Website, including: (1) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding,” “mailbombing” or “crashing”; or (4) forging any TCP/IP packet header or any part of the header information in any e-mail. Any such unauthorized access is a violation of state and federal law and are strictly prohibited. Violations, and attempted violations, of network security may result in civil and/or criminal liability and will be prosecuted to the fullest extent of the law.

SECURITY OF DATA TRANSMISSION AND STORAGE

Electronic communications with Zoomies may not be encrypted. You acknowledge that there is a risk that data, including email, electronic communications and personal data, may not be secure and may be accessed by unauthorized third parties when communicated between you and Zoomies or between you and other parties. Zoomies is not responsible for, does not control, and disclaims all liability for, the loss of any information, data or other assets resulting from the inadequacy, failure, or mere lack or security of any network or other computer system owned and or operated by you or other parties. Further, Zoomies does not guarantee the security or integrity of the Website or services provided thereby and shall not be liable for the consequences of any breach of security of the Website or any such services. Zoomies strongly recommends to all users that basic security measures such as firewalls, password and registration information protections be maintained at all times, as required by this Agreement, to protect proprietary and sensitive information. If you have any questions regarding implementation of such protections please contact Zoomies. Unless otherwise indicated for a particular Service, any communications or material of any kind that you email, post or otherwise transmit through the Website, including data, questions, comments, or suggestions (“Communications”) will be treated as non-confidential and nonproprietary. You hereby unconditionally authorize Zoomies to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Website or elsewhere with no liability or obligation to you. Zoomies is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.

ADEQUATE HARDWARE, SOFTWARE

You understand that in order for the Website to perform properly, or at all, you are solely responsible for the hardware, software or other technology you use to access the Website. Zoomies will not be responsible for any service difficulties resulting from your failure to possess technology adequate to use the Website.

MONITORING

Zoomies is entitled, but not obligated, to review or retain your activities on the Website including your activities and Communications. Zoomies may monitor your Communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the Website or for other reasons. You agree that such monitoring will not entitle you to any cause of action or other right with respect to the manner in which Zoomies monitors your activities and Communications and enforces or fails to enforce this Agreement or rules and guidelines of any Zoomies service. Zoomies reserves the right to modify, reject or eliminate any information residing on or transmitted to its Website that it, in its sole discretion, believes is unacceptable or in violation of this Agreement. In no event will Zoomies be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of Zoomies monitoring.

REGISTRATION INFORMATION AND PRIVACY

Zoomies is committed to safeguarding customer information. Zoomies will not share nonpublic information about you with third parties without your consent, except as explained in our Privacy Policy, the terms of which are incorporated herein by reference. When you register for services, we may ask you to give us certain identifying information (“Registration”). You agree to provide true, accurate, current and complete information about yourself. By using this Website you represent that you have the requisite authority to enter into a binding legal contract for the services, and make payment for such services, individually or on behalf of any entity, partnership, association or other organization as a partner, officer, director employee or agent with actual authority to so act on behalf of the entity, partnership, association or other organization for whom you have provided Registration information. Do not share your Registration information (including passwords, usernames, and screen names) with any other person. You alone are responsible for all messages posted, statements made, or acts or omissions that occur within the Website through the use of your Registration and access information, whether or not authorized by you. If you believe that someone has used your Registration information to access the Website without your authorization, please contact us immediately at (212)462-4480.

NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES

You agree to accept all communications from Zoomies at the addresses you provide during Registration. Please promptly update any changes to your registration information by using the Update User Information link or by contacting Zoomies. Zoomies is entitled to rely on the most recent information that you have provided. You agree to waive all claims resulting from failure to receive communications because of changes in such information. From time-to-time Zoomies would like to send you information about its products and services. If you register for Zoomies services, you are granting Zoomies permission to communicate with you by email. You can opt not to receive such information in the future by following the instructions below or in any e-mail that we send to you.

CHANGES AND OTHER AGREEMENTS

Zoomies may revise this Agreement at any time, without notice to you, and you agree to be bound by any such revisions. It is your responsibility to visit the Terms and Conditions link at the bottom of the Website periodically to review the most current version of this Agreement. Zoomies may also offer other services that may be governed by different or additional terms and conditions, which are incorporated herein by reference.

VALIDITY AND ENFORCEABILITY

You agree to be bound by this Agreement and any affirmation, assent or agreement you transmit through the Website, including any consent to receipt of communications through electronic transmission. You agree that, when you click on an “I Agree” or other similarly worded buttons or entry fields, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. You agree not to contest the validity or enforceability of such agreement on the grounds that it is not in writing or that it does not contain an original signature. You agree that such agreement, if introduced as evidence on paper in any judicial, arbitration, mediation or administrative proceedings, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. You agree not to contest the admissibility of copies of such agreement under either the business records exception to the hearsay rule or the best evidence rule on the basis that the agreement was not originated or maintained in documentary form.

TERMINATION OF ACCESS OR SERVICES

Zoomies reserves the right to modify, discontinue, or terminate your access to this Website or any portion of it, in its sole discretion, without notice and without limitation, for any reason whatsoever. Zoomies and the third party service providers shall have no liability to you for terminating your access to the Website; provided, however, that if such termination is without cause, Zoomies will refund the pro rata portion of any fee you may have paid for the portion of any service not furnished to you as of the date of termination. You agree that Zoomies will not be liable to you or to any third party for any modification, suspension or discontinuance of any service.

NO WARRANTY; DISCLAIMER OF LIABILITY; LIMITATION OF LIABILITY AND DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL ZOOMIES BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE (OR ANY LINKED, HOSTED OR CO-LOCATED WEBSITES), OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ZOOMIES LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ZOOMIES DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE, EXCEPT AS EXPRESSLY PROVIDED HEREIN. THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS OR OUT-OF-DATE INFORMATION. NEITHER ZOOMIES NOR THIRD PARTY SERVICE PROVIDERS GUARANTEE THE ACCURACY, QUALITY, TIMELINESS, AND COMPLETENESS OR CORRECT SEQUENCING OF THE INFORMATION OR WARRANT ANY RESULTS FROM USE OF THE INFORMATION. YOU ACKNOWLEDGE THAT NEITHER ZOOMIES NOR THIRD PARTY SERVICE PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY ACTION OR INACTION WITH RESPECT TO INFORMATION, CONTENT, OR CHANGES IN THE WEBSITE.

AS A CONDITION TO ACCESSING AND USING THIS WEBSITE AND/OR SERVICES, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST ZOOMIES , ANY THIRD PARTY PROVIDERS OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION OR PROVIDING ANY SERVICES ON THE WEBSITE OR THROUGH ZOOMIES. ZOOMIES, ANY THIRD PARTY PROVIDERS, AND ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION THROUGH THE WEBSITE WILL NOT BE LIABLE FOR ANY LOSS THAT RESULTS FROM A CAUSE OVER WHICH THAT ENTITY DOES NOT HAVE DIRECT CONTROL, INCLUDING THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES; TELEPHONE OR OTHER INTERCONNECT PROBLEMS; BUGS, ERRORS, CONFIGURATION PROBLEMS OR THE INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE; THE FAILURE OR UNAVAILABILITY OF INTERNET ACCESS; PROBLEMS WITH INTERNET SERVICE PROVIDERS OR OTHER EQUIPMENT OR SERVICES RELATING TO YOUR COMPUTER OR NETWORK; PROBLEMS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES; PROBLEMS WITH DATA TRANSMISSION FACILITIES OR YOUR TELEPHONE, CABLE OR WIRELESS SERVICE; OR UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OTHER NATURAL DISASTERS OR LABOR DISPUTES. IN ADDITION, ZOOMIES IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE, WIRELESS DEVICE OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THE WEBSITE OR OUR SERVICES.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Zoomies, Third Party Providers, and each of their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney fees that arise from your use of the Website or Services. Zoomies reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. In such event, you shall have no further obligation to provide indemnification for such matter. You agree that no joint venture, partnership, employment or agency relationship exists between you and Zoomies as a result of this Agreement or your use of the Website or the Services.

LINKS

Zoomies may provide links to other websites as part of our Services. Zoomies does not control these other websites, is not responsible for them, and makes no representations as to their availability, accuracy, content, quality, nature and copyright compliance or any viruses accessed through them. The fact that Zoomies provides any such links is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Zoomies cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU HOLD ZOOMIES LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OTHER WEBSITES. In addition, you may not link this Website or any of its web pages, services, information, content, Third Party Information, or web pages of any Third Party Provider, or licensors or affiliates of Zoomies, to your website or any website of any other party.

OTHER PROVISIONS

This Agreement represents the entire binding agreement between us, and our respective successors and assigns, and supersedes any and all prior understandings, statements or representations, whether electronic, oral or written, regarding Zoomies the Website or the information thereon. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. You acknowledge that, in providing you with access to the Website and Services, Zoomies has relied upon your consent to be bound by the terms of this Agreement and any user or license agreement(s) related to or accompanying the Website and Services. You further acknowledge that you have read, understand and agree to be bound by the terms of this Agreement or any other agreement with Zoomies that applies to your use of the Website and our Services, as currently in effect and as amended from time to time. This Agreement, and all future agreements you shall enter into with Zoomies, unless otherwise indicated, shall be governed by the laws of the state of New York, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Zoomies in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within Kings County, New York. This Website is controlled, operated and administered from the United States of America. Zoomies makes no representation that the information on the Website or services is appropriate, available or legal for use outside the United States. You may not use the Website or our Services or export the same from or through this Website in violation of U.S. export laws and regulations. If you access this Website from a location outside the United States, you are solely responsible for compliance with local laws. Any provision of this Agreement that is determined to be invalid or unenforceable will be ineffective to the extent of such determination without invalidating the remaining provision of this Agreement or affecting the validity or enforceability of such remaining provisions. Zoomies shall not be liable for any failure to perform its obligations in connection with any services or access to the Website, where such failure results from any act of God or other cause beyond its’ reasonable control (including, without limitation, any mechanical, electronic or communications failure) which prevents such party from transmitting or receiving any documents, accessing information, Services or the Website. Headings or titles of the provisions hereof are for convenience only and shall have no effect on the provisions of this Agreement.

CONSENT TO E-MAIL COMMUNICATIONS AND OPTING OUT

By accessing the Website or services, you are consenting to the receipt of electronic mail (“e-mail”) from Zoomies. Zoomies may send you e-mail about services, products it believes may be of interest to you, your account, including regulatory communications and or legal notices. You may opt-out of future email communication regarding products and services by clicking Unsubscribe.

CONSENT

By accessing and using this Website or any services provided by Zoomies, you consent to the collection and use of Information (defined below) by Zoomies and any use of such Information, in accordance with this Privacy Policy, as amended from time to time, and the Terms and Conditions of Use of this Website. For more information see “Privacy Policy Changes” below.

INFORMATION GATHERED

Zoomies will be collecting and tracking information about your activities on the Website on an aggregate and or individual basis and will know and keep track of precisely who you are (the “Information”). This is done to process transactions and payments, to keep track of what users may be interested in and to facilitate our marketing and servicing efforts. Zoomies does not share personally identifiable information with third parties. However, Zoomies may use such Information to contact you again either by e-mail or by regular mail or telephone in accordance with the Terms and Conditions of this Website. The information that Zoomies may collect and/or track includes: (1) the home server domain names, e-mail addresses, and type of web browser of visitors to the Website; (2) the e-mail addresses of visitors that communicate with Zoomies via e-mails; (3) information knowingly provided by users in online forms or otherwise, registration forms (i.e. name, address, phone, comments, etc.), and (4) aggregate and user-specific information on which pages visitors access.

USE OF INFORMATION GATHERED

Zoomies uses the Information to analyze what its users like and don’t like about the Website or its services so that it can design better products and services. Information about what you are searching for also helps focus the advertisements, products and services presented to you, in an effort to make them more valuable to you. However, Zoomies will not sell or disclose any personally identifiable Information without your express written consent, unless compelled to do so by law and as described further below. Zoomies may disclose personal information about you when required to do so by law and when it has a good-faith belief that such action is necessary to comply with an appropriate law enforcement investigation, current judicial proceeding or court order. Zoomies may partner with third parties to provide specific services. When the user signs up for these particular services, Zoomies may share names, or other contact information necessary for the third party to provide these services. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services.

THIRD PARTY INTERMEDIARIES

Zoomies may use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

SPECIAL POLICY WITH REGARDS TO INFORMATION FROM CHILDREN

In accordance with the Federal Children’s Online Privacy Protection Act (COPPA), Zoomies will never knowingly request personally identifiable information from anyone under the age of 13 without parental consent.

E-MAIL COMMUNICATIONS AND OPTING OUT

E-mail is an important communication channel between Zoomies, its users and prospective customers. E-mail sent to Zoomies from within our Website (after you have logged on with your account number and password) is secured with the same Secure Socket Layer (SSL) technology used to transmit private account information. So please remember that any e-mail you send to Zoomies identifying your account should originate from within our Website. Zoomies reserves the right to use your e-mail address to send you important regulatory information or legal notices relating to your account. You may opt out of receiving email regarding products, Services and information from Zoomies at any time by sending an email to info@zoomiesnyc.com indicating your desire to not receive any further email communications regarding products, Services and information from Zoomies.

COOKIES

Zoomies places Internet cookies on the hard drive of your computer. Internet cookies save a visitor’s name, password, user-name, screen preferences, the pages of the Website viewed by the visitor and the advertisements, if any, viewed or clicked by the visitor. When the visitor returns to the Website, Zoomies will recognize the visitor by the Internet cookie and customize the visitor’s experience accordingly. In addition, in order to access certain services Zoomies may require that you provide certain additional identifying information. You never have to answer these questions although refusing to do so may limit what services are available to you. This information may include your subscriber name or “screen name,” areas of interest, password used to access such Services, method of payment if required, and, if applicable, your credit card number. If you are comfortable providing the requested information, such Services are available to you that are impossible for us to offer to anonymous users. If you prefer, you may set your computer to refuse cookies. However, you may not be able to take full advantage of the Website if you do so. Zoomies reserves the right to request any additional information necessary to establish and maintain your use of our Services.

CONFIDENTIALITY

Any Information that is collected, tracked or screened by Zoomies is the property of Zoomies, subject to and protected by the Electronic Communications Privacy Act. ANY INFORMATION POSTED, STORED OR OTHERWISE TRANSMITTED TO NON-PUBLIC PORTIONS OF THE WEBSITE WILL BE TREATED AS CONFIDENTIAL AND PROPRIETARY INFORMATION AND WILL NOT BE DISCLOSED TO ANY THIRD PARTY WITHOUT YOUR EXPRESS WRITTEN CONSENT, OR AS OTHERWISE PROVIDED HEREIN. However, under certain circumstances Zoomies may be required to or may choose to provide information about you to third parties without your consent, as permitted by law, including, to respond to a subpoena or court order, judicial process or regulatory authorities, to consumer reporting agencies, in connection with a proposed or actual sale, merger, or transfer of all or a portion of a business or an operating unit, and to protect against fraud. In addition, Zoomies may provide information about you to our service providers to help process your registration or provide services.

NO LIABILITY FOR ACTS OF THIRD PARTIES

Although Zoomies will use commercially reasonable efforts to safeguard the confidentiality of Information, transmissions made by means of the Internet cannot be made absolutely secure. Zoomies shall have no liability for disclosure or access to Information due to errors in transmission, unauthorized access, or other acts of third parties, as further described in Terms and Conditions.

LINKS

Zoomies may provide links to other websites or allow other website to link to this Website. Zoomies does not control these other websites, Zoomies is not responsible for them, and Zoomies makes no representations as to their information collection practices. Zoomies encourages you to review and understand the privacy policies on these websites before providing any information to them. Any complaints regarding this Website should be submitted to Zoomies at 434 Hudson Street, New York, NY 10014 or info@zoomiesnyc.com. The fact that Zoomies provides any such links is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its privacy and or security policies, its owners, or its providers. You agree that under no circumstances will you hold Zoomies liable for any loss or damage caused by use of or reliance on the information collection practices of any other website.

SECURITY

Zoomies has taken commercially reasonable security measures to help protect against the loss, misuse and alteration of the information under its control. All information is stored in a secure operating environment. When sending sensitive information across the Internet – including your username, password, and purchasing information such as credit cards – Zoomies uses encryption software to encrypt all information sent or received so that it cannot be intercepted and used by a foreign party. Once your information is received, it is stored on a secure server, and access to your data is restricted to you and authorized personnel. Zoomies also restricts access to the personal and account information of customers to those employees and third parties who need to know that information in the course of their job responsibilities and as required for Zoomies to provide Services to customers.

Any personal information you send us is encrypted by Secure Socket Layers (SSL), which protects information you submit or receive through this Website. In addition, any sensitive personal information that you send to our Website (such as social security number or mother’s maiden name) is held in a secured environment, protected by tools such as firewalls and/or database field encryption. Zoomies uses firewalls to help limit entry by anyone without proper authorization. A firewall is a security mechanism that (1) regulates the data going in and out of a network,(2) it is a commonly used, specialized computer which acts as a shield against data going in or out of a network, and (3) It checks to make sure that communications only occur between approved individuals and that the communication is in the proper protocol.

No representation is made, however, regarding the unconditional security of such submissions. Zoomies requires that your browser support SSL, and does not allow information to be stored on your hard drive unless you specifically download it and save it on your computer. For security reasons, access to this site is limited to SSL-capable browsers like Netscape Navigator 6.2 or higher or Microsoft’s Internet Explorer 6.0 or higher. These browsers will activate SSL automatically whenever you sign on to your Zoomies account. Under no circumstances should you use any software, program, application, or any other device to access or log-in to the website, or to automate the process of obtaining, downloading, transferring, or transmitting any content to or from Zoomies computer systems, website, or proprietary software.

You can tell if you are visiting a secure area within a website by looking at the symbol on the bottom of your browser screen. If you are using Netscape Navigator or Internet Explorer, you will see either a lock or a key. When the symbol appears unbroken or the padlock is in the locked position, your session connection is taking place via a secure server. If you need a strong encryption browser, you can go to the Netscape website or the Microsoft website to download the latest Navigator or Internet Explorer browser. Zoomies does not recommend the use of beta browser versions.

CREDIT CARD PROCESSING

Zoomies has partnered with Elavon (elavon.com) and Merchantconnect.com for all online credit card transactions.

Zoomies® is a registered trademark of Zoomies, LLC