- Acceptance of these Terms
The services offered by AR NETWORKS ("AR NETWORKS ", "ZOOMGROUPS",
"ZOOMBLOG", "EGRUPOS" or "ZOOMTAGS") are provided to registered members ("You", "User",
or "Client") in agreement with the Terms of Service
(the" Service "or the" Services") described in this page.
The term "registered member" is defined as any electronic mail
address and associated data that has either registered with
ZOOMGROUPS or subscribed to any of
the groups or blogs hosted at ZOOMGROUPS, even if such registration
was made without prior formal registration.
The use, direct or indirect of the services offered by
ZOOMGROUPS implies the acceptance of these terms. This
Agreement will remain in full force and effect as long as you use
the service site and/or are a registered member.
All commercial services offered by AR NETWORKS will be governed
by the Terms of the Service described during the contract of the Service.
In the absence of such Terms, the Terms of the Service described here will
- Unsolicited Email
2.1 . -
It is strictly prohibited to use the Services offered by
AR NETWORKS for the creation of distribution lists (groups) in order to send
unsolicited email of any type. To this effect, it is understood by unsolicited
email or unsolicited messages, any email message sent to any person who has not explicitly expressed
they would like to receive such messages, by means of a confirmation
process (commonly denominated "confirmation opt-in" or "double opt-in").
Any action in violation of this clause is considered unauthorized access
to our network systems and resources.
2.2 . -
It is also prohibited the promotion of groups or content hosted at ZOOMGROUPS by
means of the delivery of unsolicited messages. This
includes advertising messages, unsolicited invitations and other
2.3 . -
The delivery of unsolicited advertising
messages to members or groups hosted at ZOOMGROUPS is also prohibited. To that
effect, sending unsolicited email to ZOOMGROUPS is considered unauthorized access
to our network systems and resources. The only exception is when the group
administrator of a particular group has clearly specified in advance
that such messages are allowed in that particular group.
2.4 . -
It is strictly forbidden to use techniques or tricks
to evade technical and social anti-spam protection systems,
including but not limiting to the acts of subscribing to a
group, sending an advertising message and unsubscribe
afterwards; changing the email address in order to circumvent
an email block; the massive subscription to groups with the main purpose of
sending one or several messages to such groups, or the mass-delivery
of messages to one or more groups, among others.
As in clauses 2.1 and 2.3, any action in violation of this clause is
considered unauthorized access to our computer systems and resources.
2.5 . -
CAN-SPAM Act. -
When someone sends a message to a group hosted at ZOOMGROUPS,
such message delivery is meant to be used for redistributing the message
to the members of the group.
That is, ZOOMGROUPS servers act as relay or retransmission servers of email
messages, not as mail servers for individual email accounts.
Since, per these terms of services, the sending of unsolicited email
as defined in clauses 2.1 to 2.4 of these Terms is not authorized,
any unsolicited email message sent to any group hosted at ZOOMGROUPS
is in direct violation of Sections 104(a)(2) and
105(b)(3) of the S.877 CAN-SPAM Act of 2003, and ZOOMGROUPS will, at its own
discretion pursue civil liability charges against the initial sender of the
electronic mail advertisement and recover damages as specified
in Section 107(f)(1), 107(f)(2) and 107(f)(3) of the S.877
CAN-SPAM Act of 2003.
2.6 . - Using the services offered by
AR NETWORKS for the purposes of retaliation, revenge or punishment,
including the act of forcefully having someone receive email
messages sent by AR NETWORKS without the person's consent, among others,
2.7 . -
It is strictly prohibited to use the name, brand names, email
addresses, titles or positions of AR NETWORKS in messages or
not managed directly by AR NETOWKRS, especially if the use of such names could
be interpreted as if AR NETWORKS was the original
author of such publications. If the distribution of the content is
carried out by an organization other than AR NETWORKS,
it is also prohibited using the name, brand names, email addresses,
titles or positions of AR NETWORKS if such use could
be interpreted as if AR NETWORKS is the originator of such
- General Responsibilities
3.1 . -
THE OPINIONS OF AR NETWORKS DO NOT HAVE TO AGREE WITH
THE OPINIONS EXPRESSED BY THE MEMBERS IN THE GROUPS, BLOGS OR
PAGES HOSTED AT ZOOMGROUPS. AR NETWORKS IS NOT REPONSIBLE IN ANY WAY OF
THE CONTENT PUBLISHED ON THESE GROUPS, BLOGS OR PAGES.
3.2 . -
AR NETWORKS IS NOT REPONSIBLE, DIRECTLY OR
INDIRECTLY, OF COMPLAINTS, LEGAL, MORAL OR ANY OTHER KIND OF
DISPUTES OR PROBLEMS, ARISED AS A RESULT OF THE USE OF THE SERVICE
OR DUE TO ANY CONTENT AVAILABLE AT ANY TIME ON THE WEB SITE.
3.3 . -
THE MEMBER USES THE SERVICES PROVIDED BY AR NETWORKS
UNDER HIS OWN RESPONSIBILITY. AR NETWORKS DOES NOT TAKE RESPONSIBILITY OF
THE CONTENTS, MATERIALS OR DATA OBTAINED BY MEANS OF USING THE
SERVICES OFFERED BY AR NETWORKS, NOR OF THE DAMAGES THAT CAN BE CAUSED
TO THE MEMBER AS A RESULT OF THE USE OF THE SERVICES.
3.4 . -
YOU AS A MEMBER MEMBER ARE SOLELY RESPONSIBLE FOR YOUR
INTERACTIONS WITH OTHER MEMBERS OF ZOOMGROUPS.
AR NETWORKS RESERVES THE RIGHT, WITHOUT OBLIGATION, TO MONITOR
DISPUTES BETWEEN MEMBERS.
3.5 . -
AR NETWORKS IS NOT RESPONSIBLE IN ANY WAY FOR ANY CORRECT, INCORRECT,
ACCURATE OR INACCURATE CONTENT POSTED ON THE WEB SITE OR IN CONNECTION
WITH THE SERVICE. AR NETWORKS IS NOT RESPONSIBLE FOR THE CONDUCT,
ONLINE OR OFFLINE OF ANY USER OR MEMBER OF ZOOMGROUPS. THIS SERVICE IS
PROVIDED "AS IS", AND AR NETWORKS DISCLAIMS ANY WARRANTY OR FITNESS FOR
ANY PARTICULAR PURPOSE
3.6 . -
YOU AGREE TO INDEMNIFY AND HOLD AR NETWORKS, ITS SUBSIDIARIES, AFFILIATES,
AGENTS, OFFICERS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY,
CLAIM OR DEMAND, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY
AS A RESULT OF YOUR USE OF THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT,
YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542.
- Use of the Service
4.1 . -
You must be eighteen or over to register as a member of ZOOMGROUPS or use any of
the services offerer by AR NETWORKS. Membership is void where
prohibited. By using any of AR NETWORKS services, you represent and warrant that you
have the right, authority, and capacity to enter into this Agreement and to
abide by all of the terms and conditions of this Agreement.
4.2 . - The member agrees not to transmit, spread,
publish, distribute, exchange, sell or make available
to third parties through ZOOMGROUPS content, elements, images, texts,
announcements, messages, or any other product that in any way can be
considered (i) illegal, offensive, abusive, or in any case
questionable, (ii) racist, profane or libel, or that
promotes terrorism, physical, moral or material damage to one
or other individuals or groups, (iii) that discloses or makes
available illegal or clandestine activities, (iv) that
attempts against fundamental rights and public liberties, (v)
that induces, urges or promotes criminal activities,
libel, slander or violent attitudes or discriminative comments
because of sex, race, religion, beliefs, age or
condition (vi) criminal activities or in general, against the law
or the public order, and in particular those that could attempt
against the rights of minors, (vii) that are protected by
copy, intellectual or industrial property rights without
having obtained the proper and legal authorization,
(viii) forging the identity or information of the
sender or recipient. In the event that you become exposed to any
of such prohibited content, you waive your right to any damages
related to or caused by such exposure.
4.3 . - The member agrees not to encrypt or
cipher contents distributed through ZOOMGROUPS by means of
algorithms or formulas that cannot easily be deciphered by AR NETWORKS or
by law enforcement agencies.
4.4 . -
The member agrees not to use the services
offered by AR NETWORKS for the purchase, sale or exchange of
questionable articles or whose commerce could be controlled or prohibitted,
including among others the purchase, sale or exchange of alcohol,
live animals, firearms, impounded property, illegal TV decoders,
drugs and utensils for their use, fake or counterfeit stamps or currency,
credit cards, human organs, plants, stolen articles or tobacco. It is
permitted the offering of domestic pets for adoption as long as such
offering does not involve payment for the animal and is done for
AR NETWORKS will be in no case responsible, neither in civil
nor criminal terms, by any damages derived directly or indirectly from
the breach by the member of the obligations herein.
4.5 . -
The member agrees to always act in good faith when using the trading, auctions,
classified and advertising
services of AR NETWORKS. The member agrees to describe accurately
any advertising posted by the member, and to honor any offer made when
purchasing goods or services offered by other ZOOMGROUPS members.
4.6 . -
The member agrees to enter only truthful information in his/her
profile pages, and to not ever enter information representing an
animal, inanimate object, fictional character or a real person other
than yourself. The violation of this clause might result in account
termination and when applicable, reporting to the authorities for
5.1 . - Group administrators may include
advertising in their messages and charge the advertisers for such service, at their
discretion. AR NETWORKS does not guarantee this Service to be a source of
income of any type.
5.2 . - AR NETWORKS may occasionally send
information about other services or products to those
registered members who have specified in their profile that they
wish to receive such messages.
This profile information is accessible by each member, who can modify it at any time.
The use by AR NETWORKS of such data is protected under these
prohibits the sale, publication or delivery of such data to third parties without
previous member consent.
- Service Resale
6.1 . - Reselling or charging for the use of this service or parts
of it to third parties is prohibited without previous authorization from AR NETWORKS.
If you are interested in reselling this Service or charging a fee to your subscribers,
please contact us: http://www.zoomgroups.net/contact-services.html.
- Intellectual property and Copyrights
7.1 . - The content, past, present or
future generated through the Services offered by AR NETWORKS it is
defined as collective work, property of the person who
publishes and originates such contents.
7.2 . - In the case of content generated through email groups,
the natural or legal person in charge of
content coordination is the group owner or creator of the group. This person
also holds the rights on the collective work.
7.3 . - The natural or legal person in charge of content
coordination grants AR NETWORKS the right to decide whether
the content has to be broadcasted or delivered and in what forms.
In any case, AR NETWORKS will
respect this right as long as the member accepts the
implicit distribution and delivery channels of the Service.
7.4 . - The member grants AR NETWORKS nonexclusive,
free, permanent and irrevocable rights of reproduction,
distribution and public communication to use, distribute, copy,
reproduce and show any material, partial or complete, delivered
through ZOOMGROUPS, and exempts AR NETWORKS and their successors
of any type of responsibility from exercising these rights.
Otherwise, AR NETWORKS would
not have legal rights to publish or to distribute the group messages,
among other things.
7.5 . - The member will be able
to contract or use, without expressed authorization
from AR NETWORKS, similar services,
or to stop using the Services, with or without reason, and with or
without previous warning.
7.6 . -
Members agree not to post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such
7.7 . - PRIVATE GROUPS. In the case of private groups,
AR NETWORKS is committed not to disclose the existence of such groups
through any means and not to disclose their content
through any public channel out of the natural environment
imposed by the mechanics of the group.
- Jurisdiction of responsibilities and contents
8.1 . - The natural or legal person described in clauses 7.1
and 7.2 assumes all the responsibility in making sure the published content
or derivative content do not include material
that violates any of the clauses of these Terms.
If the content or derivative contents of a group
include material not appropriated for minors or incurs a civil or criminal
liability in certain regions for certain audience, the natural or
legal person described in clauses 7.1 and 7.2 assumes all the responsibility in
moderating the subscription, and in making sure that all group members
can legally have access to such content.
- Database Registry
9.1 . -
The database for the services offered by ZOOMGROUPS
is managed by AR NETWORKS, their only proprietor,
under the jurisdiction of the State of California in the United States of America.
- Other limitations
10.1 . -
who creates, manages or moderates groups or blogs hosted at ZOOMGROUPS or
publishes content anywhere on the site,
must truthfully describe the purpose or real
intention of such groups, blogs or content, not being able to describe, announce,
publish or promote it with incorrect data or attempt of deception. In
particular, AR NETWORKS prohibits the false description of a group, advertising
or any other content in order to hide the real purpose of such group, advertising
- Cancellation of the Service
AR NETWORKS reserves the right to
cancel this Service at any time.
- Edition of Content
AR NETWORKS does not usually reviews, moderates or
modifies the content published by members of the service, however AR NETWORKS reserves
the right to review or to eliminate any content, group or account, with
or without warning, especially if
AR NETWORKS considers that these Terms have not been honored.
- Modification of these terms
AR NETWORKS reserves the right to modify these Terms at anytime in the future.
Once a member accepts these Terms of Service,
the member accepts all whichever updates are done in the future by AR NETWORKS.