This agreement ("Agreement") is a binding legal contract between you and SMIZONE.ME, covering your use of the website yzone.me and other related websites ("Sites") and any of our services, including without limitation, our cross-platform social analytics and intelligence software platform ("Services"). If you do not agree with these terms, please stop using this website and refrain from using our data.
You may access and use the Sites and/or Services only if you are 18 years or older and capable of forming a binding contract with SMIZONE.ME and are not barred from accessing and using the Sites and/or Services under applicable law. If you are accessing and using the Sites or Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, “you” and "your" will refer to that company or other legal entity.
Some features of the Sites and some Services can only be accessed with an account ("Account"). You can create an Account via the Sites. You are responsible for everything done through your Account.
Post anything that could be considered defamatory, libelous or criminal. If your account was terminated for any reason, you should not attempt to create another account and use our Sites or services. Share your credentials with other users or business. Spam our users, distribute spyware or viruses, collect personal information without disclosing and abiding by your privacy policy, or attempt to reverse engineer or hack into our systems. Bypass any technical protections or throttling that we institute, or access, use or scrape the Sites or the Services by any automated means unless you are a search engine crawling the Sites for the sole purpose of creating a publicly accessible search index.
We are strongly committed to respecting intellectual property and other rights. To report infringement, please email us right away at privacy@smizone.me.
Content and Content Rights: For purposes of this Agreement: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Sites or Services; and (ii) "User Content" means any Content that users (including you) provide to be made available through the Sites or Services. Content includes without limitation User Content.
Content Ownership and Responsibility: SMIZONE.ME does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, SMIZONE.ME and its licensors exclusively own all right, title and interest in and to the Sites and Services and Content, and all underlying software, technology and processes and any enhancements or modifications thereto, including all associated intellectual property rights therein. You acknowledge that the Sites, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sites, Services or Content.
Content from YouTube: SMIZONE.ME accesses public Content from third-party social networking services, such as YouTube. SMIZONE.ME uses YouTube Data APIs, and by using YouTube Content within SMIZONE.ME's Sites and Services you are agreeing to be bound to YouTube's Terms of Service, which can be found at https://www.youtube.com/t/terms and Google’s Privacy Policy, which can be found at https://policies.google.com/privacy. Third-party social networking services, such as Google and YouTube, may update their Terms of Service and Privacy Policies from time to time, and SMIZONE.ME is not responsible for your review of any changes or updates to these. We recommend that you review YouTube’s Terms of Service and Google’s Privacy Policy regularly.
Content from Authenticated Social Networking Accounts: If you have an Account, you may choose to link your Account with third-party social networking services (such as Facebook, Instagram, Google, Twitter, or YouTube) by providing a single-sign-on or O-AUTH or access via api keys to your Third Party Account through the Sites or Services as is permitted under the applicable terms and conditions that govern your use of each Third Party Account in the manner described by the social networking service provider. By granting SMIZONE.ME access to any Third Party Accounts, you understand that SMIZONE.ME may access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“Third Party Account Content”) so that it is available through the Sites and/or Services (as further described in our Privacy Policy). Unless otherwise specified in this Agreement, all Third Party Account Content, if any, will be considered to be User Content for all purposes of this Agreement. Please note that if a Third Party Account or associated service becomes unavailable or SMIZONE.ME’ access to such Third Party Account is terminated by the third party service provider, then the Third Party Account Content that was available from such Third Party Account will no longer be available through the Sites or Services. You have the ability to disable the access between your Account and your Third Party Accounts, at any time, through the Sites and/or Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. SMIZONE.ME makes no effort to review any Third Party Account Content for any purpose, including without limitation for accuracy, legality or non-infringement and SMIZONE.ME is not responsible for any Third Party Account Content.
SMIZONE.ME’s Privacy Policy (https://ytzone.me/privacy.html) is located here. You will not use the Services to collect any personally identifiable information and you will not associate any data gathered through any Service from your website(s) with any personally identifying information from any source. You will post and abide by a privacy policy that meets or exceeds good industry practices and you will comply with all applicable laws covering collection of user information. If you use our analytics Services, your privacy policy must disclose that you use a third party service that collects anonymous information about users and user behavior on your website(s) and/or related to your advertising.
You will indemnify, defend, and hold harmless SMIZONE.ME, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the "Covered Entities") against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) ("Liabilities") incurred by any Covered Entity in any way arising out of or relating to this Agreement, your violation of this Agreement, your User Content, or your use of the Sites and/or our Services. SMIZONE.ME reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE COVERED ENTITIES DO NOT MAKE ANY REPRESENTATION AS TO THE POTENTIAL REVENUES OR OTHER BENEFITS YOU MAY REALIZE BY USING THE SERVICES. THE SITES AND THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. WE DO NOT REPRESENT THAT THE SITES OR THE SERVICES WILL BE CONTINUOUSLY AVAILABLE, ERROR FREE, OR FREE OF VIRUSES, OR THAT PROBLEMS WILL BE CORRECTED. Like all Internet businesses, our Sites and Services are vulnerable to down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located. We cannot guarantee complete accuracy in the information we report.
THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, SOFTWARE OR ANYTHING ELSE. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED ENTITIES SHALL NOT BE LIABLE FOR DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITES OR ANY SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITS OF LIABILITY FOR SOME DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
We reserve the right to suspend or terminate your access to the Sites and the Services and/or your Account at any time for any or no reason. This is not our exclusive remedy under any circumstances. No refunds or credits for subscription plan charges or other fees or payments will be provided to you if you elect to terminate your Services plan or cancel your Account prior to the end of your then effective billing cycle. Following the termination or cancellation of your subscription to the Services and/or Account, SMIZONE.ME reserves the right to close your Account and delete any associated data in the normal course of operation. If you close your Account voluntarily, we may retain your Account information and use it in accord with our Privacy Policy. This Agreement will survive termination or suspension of your access to the Sites and/or Services and/or closure of your Account.
The Agreement incorporates all SMIZONE.ME policies, which can be found on the Sites. We reserve the right to change the Agreement and our policies at any time. When we make such changes, we will post them to our websites and you will be able to access them through the same link you used before. Your use of the Sites and/or the Services after such changes constitutes acceptance of the new terms and/or policies. SMIZONE.ME will be entitled to recover any legal fees and other costs associated with enforcing the Agreement.