ZOBHA, LLC
TERMS OF USE AGREEMENT

IMPORTANT-READ CAREFULLY: This Terms of Use Agreement (the “Agreement”) is a legal agreement between you, an individual or entity, (“You” or “Your”) and Zobha, LLC, a Delaware limited liability company ("Zobha"), pertaining to the Internet-based services provided through the Website (as defined in Section 2 below). This Agreement sets forth the terms and conditions for You to use the Website and any related or successor site(s) thereto operated directly or indirectly by Zobha, including, without limitation, any separate site(s) used by Zobha for or in connection with any chat room, Q&A, bulletin board, featured articles, true stories, testimonials, opinions, or any product, service or other material provided by Zobha.

This Agreement is an ongoing contract between You and Zobha and affects Your rights. You should read it carefully.

1.    MINIMUM AGE REQUIREMENT. You affirm that You are over the age of 18, as the Website is not intended for children under 18. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental and guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

2.    THE WEBSITE. This Agreement sets forth the terms and conditions for You to use www.Zobha.com and any related or successor site(s) thereto operated directly or indirectly by Zobha, including, without limitation, any separate site(s) used by Zobha for any side window, chat room, q & a, bulletin board, or forum post, relating to any product, service, or instruction offered by Zobha, including, without limitation, technical support, or hosting in connection with Zobha's website (singularly and collectively, the “Website”).

When using the Website and related services provided by Zobha, including, without limitation, ordering any Zobha product, You agree to abide by any applicable posted guidelines, which may change from time to time. The products and services available on the Website are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from Zobha. Zobha reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that Zobha believes, in its sole discretion, may result in the violation of this Agreement.

Should You object to any provision of this Agreement, or any subsequent modification thereto, or become dissatisfied with the Website in any way, Your only recourse is to immediately discontinue use of the Website. Zobha hereby grants you a non-exclusive, revocable license to use the Website for Your own personal use as set forth in this Agreement only upon the express condition that You accept each provision of this Agreement and provided that: (i) you will not copy, distribute, or make derivative works of the Website in any medium without Zobha’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Agreement and in accordance with all applicable local, state, and federal laws. By installing any part of, copying, accessing or otherwise using the Website, You acknowledge and accept that You will be legally bound by this Agreement. If You do not agree to any provision of this Agreement, then Zobha is unwilling to grant you this license and You must not install, copy, access or otherwise use the Website.

(a)   Zobha's Products. We attempt to be as accurate as possible when describing our products on the Website. To the extent permitted by applicable law, however, we do not warrant that the product descriptions, images, sizes, colors, information or other content available on the Website is accurate, complete, reliable, current, or error-free. To view policies and procedures related to orders placed through this Website (such as order processing, shipping and handling, returns and exchanges), click here.

(b)   License. The Website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Website and its component parts is licensed, not sold or given, to You by Zobha and Zobha hereby grants and You accept a limited, revocable, non-exclusive, non-transferable license, to use the Website solely for Your personal use and subject to each provision of this Agreement. Zobha reserves the right at any time and for any reason to modify or discontinue any aspect or feature of the Website, including, but not limited to, content or functionality. All rights not expressly granted to You are hereby reserved by Zobha.

(c)   Title and Copyright in the Website. It is hereby understood and agreed that Zobha is the owner of all rights, title and interest, including, without limitation, all copyrights, in and to the Website and any copies thereof, regardless of the media or form in which the Website or copies thereof may exist. Except as expressly provided herein, You do not acquire any rights, title or interest to the Website.

(d)   No Warranties. The Website, including all materials and information thereon, is furnished “as is” and with all faults. Zobha, its technical support / maintenance providers, distributors, contractors, advertisers, and sublicensees, make, and You receive, no warranties, express, implied, statutory, or in any communication with You. To the maximum extent permitted by applicable law, Zobha, its technical support / maintenance providers, distributors, advertisers, and sublicensees disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty that operation of the Website will be uninterrupted or error-free. You expressly assume all risk resulting from support / maintenance services (whether performed in whole, in part, or not at all), or from any virus, downloaded material, harmful component, or through any use resulting from or relating to Your use of the Website or any site or server through which the Website is available, including, without limitation, at www.Zobha.com. You shall be solely responsible for the accuracy and transmission of all data entered, and for any damage that results from or is in connection with use of the Website.

Zobha and its managers, members, officers, employees, contractors, distributors, advertisers, sublicensees, and agents shall not be liable for damages or losses of any kind arising out of or in connection with the use or performance of information, including without limitation, damages or losses caused by reliance upon the accuracy or timeliness of any such information, or damages incurred from the viewing, distributing, or copying of those materials. IN NO EVENT SHALL ZOBHA OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE, ITS CONTENTS, OR ANY PRODUCTS OR SERVICES OFFERED THEREFROM, BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE.

(e)   Substance of Content: Waiver of Rights. You acknowledge and understand that when using the Website, you may be exposed to Content (as defined in Section 3(c) below) from a variety of sources, and that Zobha is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further acknowledge and understand that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Zobha with respect thereto.

3.    WEBSITE USERS. If You are over thirteen (18) years of age, You may create an account at our Website. You may not and should not register if you are not over eighteen (18) years of age. If you are over eighteen (18) years of age and do register, you will have a username and password or your account.

(a)   Account Information Security, Identity, and Data Storage. Your username and password are for Your use only. You are responsible for maintaining the confidentiality of Your username, password, and other personal information (collectively, “Account Information”) submitted by You to create an account, and for restricting access to Your computer or mobile device. If You disclose Your password to anyone or share Your account or Account Information with another person or persons, You take full responsibility for their actions. Zobha cannot guarantee the security of Your Account Information and shall not be liable in any way for any compromise of Your Account Information. Zobha will not be liable for Your losses caused by any unauthorized use of Your account, and You may be liable for the losses of Zobha or others due to such unauthorized use.

(b)   Zobha Community Standards. While using the Website, You are a part of Zobha’s community, which may, without limitation, include bulletin boards, forums, chat rooms and pages created by Website users that may allow You and other Website users to post information, provide feedback, and interact in real-time. You agree to respect the rights of other Website users as described in this Agreement.

(c)   Content. As used in this Agreement, “Content” means any and all postings, messages, text, files, images, photos, video, sounds, hyperlinks, programs, and similar materials. To “Post” means to post on, transmit through, link from, upload, transfer, disseminate, distribute, facilitate distribution, and/or make available through, the Website.

(i)   Responsibility for Posted Content. You understand and agree that all Posted Content is the sole responsibility of the person(s) who Posted such Content and that such Posted Content is non-confidential. You are entirely responsible for all Content that You Post. You understand that Zobha does not control, and is not responsible for, Posted Content. You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website and Content may contain links to and comments on other websites that are completely independent of the Website. Zobha makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained in any such site. You link to or comment on any other websites at Your own risk. You agree that You must evaluate and bear all risks associated with the use of any Content, and that under no circumstances will Zobha be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Posted Content.

(ii)   Transmission of Harmful Content. You shall use the Website for lawful and permitted purposes only. Transmission of any Content in violation of any municipal, state, federal, foreign or other applicable regulation or law is prohibited. You shall not Post Content that: (1) infringes any proprietary rights of any third party; (2) violates any law or regulation; (3) is defamatory or trade libelous; (4) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, intimidating, profane, pornographic, hateful, racially, ethnically or sexually discriminatory or otherwise objectionable in any way or that otherwise violates any right of another; (5) encourages conduct that would violate any conduct prohibited by this Agreement; (6) restricts or inhibits any other user from using the Website, or from purchasing any product or service sold by Zobha or through any of its advertisers; (7) is or amounts to an unsolicited advertisement, promotion, or other form of solicitation; (8) misrepresents the source of anything you post, contains falsehoods or misrepresentations that could damage Zobha or any third party, or impersonates any person or entity whether through digital or manual signature or otherwise or that directly or indirectly attempts to gain unauthorized access to any portion of the Website or any computer, software, or data of any person, organization or entity that uses or accesses the Website; (9) provides or create links to external sites that violate the Agreement; (10) is intended to harm, exploit, solicit, or collect personally identifiable information of, any individual, including, without limitation, any individual under the age of 18 (“Minor”) in any way; (11) invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their foreknowledge and willing consent or distributes or contains viruses or any other technologies that may harm the Website, Zobha, or any of its Website users, customers, or advertisers; (12) is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Zobha all of the license rights granted herein; or (13) contains or promotes an illegal or unauthorized copy of another person’s copyrighted work.

(iii)   Copyrighted Material. You hereby warrant that You own or have legal permission to use (including, without limitation, the right to Post) all Content that You Post. You shall respect the copyrights of others and only Post Content that You own or have legal permission to use (including, without limitation, the right to Post). Zobha will ban repeat offenders and reserves the right to terminate any account and ban use of the Website by any user after a single violation.

(iv)   Ownership; License to Zobha. You retain ownership in any Content that You Post. You hereby grant to Zobha an irrevocable, perpetual, transferable, non-exclusive license to be exercised by Zobha at its sole and absolute discretion throughout the Universe on or through any media and using any technologies, whether now known or later devised, including the right to grant sublicenses, to edit, copy, publicly display, publicly perform, publish, broadcast, retransmit, distribute, create derivative works of and otherwise to exercise and exploit, whether commercially or otherwise, any and all proprietary rights in and to any Content You Post.

(v)   Viruses. You shall not knowingly or negligently Post any Content that contains viruses or other computer programming defects. Each computer You use to access the Website shall have updated anti-virus software protecting it.

(vi)   Spamming. You shall not directly or indirectly use Zobha or the Website for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. "Spam" or "Spamming" means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including, but not limited to, any advertisements.

(vii)   Reuse of Content. Any collection, aggregation, copying, harvesting, duplication, display or derivative use of the Website or Posted Content, or any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose is prohibited unless expressly permitted by Zobha in writing.

Notwithstanding the foregoing, Zobha grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials. Zobha reserves the right to revoke these exceptions generally or in specific cases.

(viii)   Screening and Removal of Content. You acknowledge that, although Zobha may or may not screen Content, Zobha has the right (though not the obligation) in its sole and absolute discretion to screen, refuse to Post, reject, edit, remove or otherwise filter any Content including, without limitation, any Content that Zobha believes violates any term of this Agreement or for any other reason.

(ix)   Compliance With Local Laws / Government Approval. The Website, and any related product sold or service offered by Zobha are controlled and offered by Zobha from its facilities in the United States of America. Zobha makes no representation that any part of the foregoing is appropriate or available for use in other locations. You hereby warrant that You shall comply with all applicable laws and regulations in each city, region, province, state, country or other jurisdiction in which You act under this Agreement and that You will obtain any government approvals required pertaining to Your use of each of the Website and/or any service covered by this Agreement.

(x)   Indemnity. You agree to indemnify and hold Zobha, its officers, members, managers, subsidiaries, affiliates, successors, assigns, agents, service providers, advertisers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, expert witness fees, and court costs, made by any third party due to or arising out of Content You Post, Your use of the Website, Your violation of this Agreement, Your breach of any of the representations and warranties herein, or Your violation of any rights of another.

(d)   Parental Control Protections. Zobha hereby informs You of the availability of commercial parental control protections such as computer hardware, software and filtering services that may assist You in limiting access to Content that is harmful to Minors.

4.    PROHIBITING WEBSITE ACCESS, COMPLAINTS, AND INVESTIGATION. Zobha reserves the right to prohibit use of the Website or the purchase of any product and/or service from the Website by any user who, in Zobha’s sole and absolute discretion, violates any provision of this Agreement. Such prohibition may occur without notice to the user. If You believe a user is violating this Agreement, please contact us at custcare@zobha.com. Zobha reserves the right to investigate any suspected violation of this Agreement and may gather information from the user(s) and/or complaining party, if any, and examine any Posted Content. In addition to Zobha’s foregoing investigation rights, You hereby expressly authorize Zobha to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at other Internet service providers, network or computing facilities and/or any other third party in order to enforce this Agreement or comply with any applicable law. Such cooperation may include, without limitation, Zobha providing Your Account Information, IP address, or other identifying information.

5.    CHANGES TO THE AGREEMENT. Zobha reserves the right to change, modify or otherwise alter the terms and conditions of this Agreement after providing written notice to the Website users of such amendment by posting notice of the amendment on the Website home page or by providing such other notice as Zobha deems appropriate. Website users shall have the right to accept or reject the amended Agreement, provided that if a user rejects the amended Agreement, such user shall no longer have any right to use the Website or purchase any Zobha product or service through the Website. The most recent version of this Agreement may be accessed at any time at the Website.

6.    PRIVACY POLICY. Zobha has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is explicitly incorporated into this Agreement.

The Privacy Policy is located at: http://www.zobha.com/t-privacy.aspx

For information about our data protection practices, please see our Privacy Policy. By using the Website or purchasing any Zobha products or services, you acknowledge and agree that Zobha may access, preserve, and disclose your Account Information and any Posted Content associated with that Account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including the investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Zobha, its users and the public. Zobha will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

You acknowledge and understand that the technical processing and transmission of the Website, including your Posted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7.    COPYRIGHT INFRINGEMENT TAKE DOWN PROCEDURE. Pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”), Zobha has established policies for dealing with alleged and actual copyright infringement. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please send the following information to our Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail): (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the allegedly infringed material is located on the Website; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (iv) your address, telephone number, and email address so that Zobha is able to contact you; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf . A statement by you comprised of the foregoing points is referred to herein as the “Notice.”

Zobha’s designated Copyright Agent to receive Notice of claimed infringement is: Steven K. Lee c/o Donahue Gallagher Woods LLP, 591 Redwood Highway, Suite 1200, Mill Valley, California 94941, email: steve@Donahue.com, telephone: 510-451-0544, fax: 510-832-1486. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Zobha customer service at custcare@zobha.com.

You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. Zobha will remove any infringing material, subject to the counter-notice and put-back procedures outlined in the DMCA. Notwithstanding Zobha’s instructions above, you are solely responsible for ensuring that any Notice you provide to Zobha complies with the provisions of the DMCA.

8.    TERM. This Agreement shall continue for as long as You use the Website, or until terminated by Zobha, whichever occurs first.

9.    LIMITATION OF LIABILITIES. The limitation of liability is to the maximum extent permitted by applicable law. In no event shall Zobha, its officers, members, managers, affiliates, subsidiaries, agents, attorneys, technical support / maintenance providers, distributors, advertisers, licensors, sublicensees, or assigns be liable for any damages, whether arising in contract, tort or otherwise and including, without limit, any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss or corruption of business information or other data, cost of cover, or any other pecuniary loss) arising out of the use of or inability to use the Website, or the failure to provide full or adequate support services, even if Zobha has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability, the above limitation may not apply to You.

10.    GOVERNING LAW/JURISDICTION. This Agreement shall be exclusively interpreted, construed and enforced in all respects in accordance with the laws of the State of California (U.S.A.) without reference to its choice of law rules. You and Zobha agree that venue for any and all disputes hereunder, or action on any obligation hereunder, will be exclusively brought in an appropriate state court in Marin County, California or in the United States District Court for the Northern District of California in San Francisco, California (U.S.A.), and You and Zobha irrevocably consent to the jurisdiction of such courts for any dispute hereunder or action on any obligation hereunder.

Notwithstanding the foregoing, no action brought by either Party against the other for breach of this Agreement shall be limited to breach of contract remedies and either Party may bring any additional cause(s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code. You hereby expressly and specifically waive any objection You may have, pursuant to the Eleventh Amendment to the United States Constitution or otherwise, to the jurisdiction of, or any award that could be granted by, the United States Federal Courts.

11.    GENERAL. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges and supersedes all prior agreements, writings, commitments, discussions and understandings between them. Except as provided in Section 5 above, no modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party hereto. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. Zobha’s failure to act with respect to a breach or breaches by You or any third party does not waive Zobha’s right to act with respect to a subsequent or similar breach or breaches. This Agreement shall be construed within its fair meaning and no inference shall be drawn against the drafting Party in interpreting this Agreement.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY IT.