Terms and Conditions
Welcome to http://www.gozinnia.com. The http://www.gozinnia.com website (the "Site") is comprised of various web pages operated by Zinnia Marketplace, LLC. ("Zinnia"). http://www.gozinnia.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://www.gozinnia.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting http://www.gozinnia.com or sending emails to Zinnia constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Zinnia does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.gozinnia.com only with permission of a parent or guardian.
Links to third party sites/Third party services
http://www.gozinnia.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Zinnia and Zinnia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Zinnia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Zinnia of the site or any association with its operators.
Certain services made available via http://www.gozinnia.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.gozinnia.com domain, you hereby acknowledge and consent that Zinnia may share such information and data with any third party with whom Zinnia has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.gozinnia.com users and customers.
Zinnia uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available athttps://www.braintreepayments.com/legal/cea-wells. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Zinnia or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Zinnia content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Zinnia and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Zinnia or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Zinnia account to third party accounts. By connecting your Zinnia account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Zinnia from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Zinnia Content accessed through http://www.gozinnia.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Zinnia, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Zinnia reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Zinnia in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Zinnia, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ZINNIA MARKETPLACE, LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ZINNIA MARKETPLACE, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Zinnia reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Zinnia as a result of this agreement or use of the Site. Zinnia's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Zinnia's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Zinnia with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Zinnia with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Zinnia with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Zinnia reserves the right, in its sole discretion, to change the Terms under which http://www.gozinnia.com is offered. The most current version of the Terms will supersede all previous versions. Zinnia encourages you to periodically review the Terms to stay informed of our updates
Zinnia welcomes your questions or comments regarding the Terms:
Zinnia Marketplace, LLC.
1905 Harney St.
Omaha, NE 68102
Email Address: firstname.lastname@example.org
Telephone number: (402) 235-6735
July 28th, 2015
Collection of Your Personal Information
Zinnia may collect personally identifiable information, such as your name. If you purchase Zinnia's products and services, we collect billing and credit card information as well recipient shipping information. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by Zinnia. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Zinnia website.
Zinnia encourages you to review the privacy statements of websites you choose to link to from Zinnia so that you can understand how those websites collect, use and share your information. Zinnia is not responsible for the privacy statements or other content on websites outside of the Zinnia website.
Use of Your Personal Information
Zinnia collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Zinnia may also use your personally identifiable information to inform you of other products or services available from Zinnia and its affiliates. Zinnia may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Zinnia does not sell, rent or lease its customer lists to third parties.
Zinnia may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Zinnia, and they are required to maintain the confidentiality of your information.
Zinnia may keep track of the websites and pages our users visit within Zinnia Marketplace, in order to determine what Zinnia Marketplace services are the most popular. This data is used to deliver customized content and advertising within Zinnia Marketplace to customers whose behavior indicates that they are interested in a particular subject area.
Zinnia may disclose your personal information without notice in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
Zinnia will disclose your personal information without notice if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Zinnia or the site; (b) protect and defend the rights or property of Zinnia; and, (c) act under exigent circumstances to protect the personal safety of users of Zinnia, or the public.
The Zinnia website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Zinnia pages, or register with Zinnia site or services, a cookie helps Zinnia to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Zinnia website, the information you previously provided can be retrieved, so you can easily use the Zinnia features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Zinnia services or websites you visit.
Security of Your Personal Information
Zinnia secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Children Under Thirteen
Zinnia does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out and Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Zinnia by contacting us by email at email@example.com or calling (402) 235-6735.
Changes to This Statement
Zinnia will occasionally update this Statement of Privacy to reflect company and customer feedback. Zinnia encourages you to periodically review this Statement to be informed of how Zinnia is protecting your information.