Terms & Conditions at Zombal
Please Read These Terms Carefully Before Using this Service
The facilities on this website http://www.zombal.com (the "Site") are provided and the Site is operated by Zombal LLC (“Zombal”), a Limited Liability Company with its Registered Office at 40E Main Street Newark, Delaware 19711 USA, as a service to its Users. By using this site, you agree to accept these terms. If you do not accept them, do not use the site or access the service.
1. Acceptance of Terms
This Service is offered to you conditional on your acceptance, without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that are published on this website (the “Site”) by Zombal (collectively, the "Terms"). The following Terms govern your access to and use of the Service. Your use of the Service constitutes your agreement to all such Terms. These Terms may be updated by us from time to time without notice to you. These Terms of Service apply to all users of the Zombal site, including visitors and users who are contributors of content, information, and other materials or services on the site.
The following words in the document will carry the meaning mentioned against them.
- a person who logs onto Zombal or utilizes any function of the Site, whether registered as a Member or not.
- a User who has registered with Zombal by setting up a membership account.
- a unit item or topic relating to research work or experimentation or measurement or design or information provision that will be processed through Zombal.
- a Member acting as a Launcher who posts a Zomb.
- a Member acting as a Catcher who seeks to respond to a Zomb.
- a Catcher who has submitted one or more Bids in response to a Zomb.
- information provided by a Launcher about a Zomb, including a description of its contents, any subsequent amendments, and requirements concerning response to the Zomb.
- the amount sought by a Bidder for carrying out a Zomb, including any additional information entered by the Bidder using the functions provided for this on Zombal.
- Bid Procedure:
- the procedure by which a Catcher offers a Bid to satisfy a Zomb initiated by a Launcher. Launchers have the right to decline any or all Bids or withdraw the Zomb.
- Fees for Use:
- the fees specified for various services extended by Zombal.
- Zombal Space:
- the environment within which Launchers and Catchers operate as users of Zombal.
- the unit or quantum of credit used in Zombal to effect payments. Abbreviation: Q (eg Q55).
- the number of credits a Member currently owns.
- Not to use Zombal for illegal purposes.
- Not to interfere or disrupt networks connected to Zombal.
- To comply with all regulations, policies and procedures of networks connected to Zombal.
- Not to resell or transfer your access to the service to any third party.
- Not to modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service or any part of the Website.
- Not to harvest or collect information about Users of the service without their express consent.
- Not to solicit personal information from anyone under the age of 18.
- Not to upload contents that contain restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
- Not to display unauthorized commercial advertisement on your profile. Zombal requires that any information posted by you regarding your company, job, person, experience, or other entity, is truthful and factual. Zombal may seek documents from Members to confirm the information posted by them. Negative comments and complaints posted by you could be construed as claims about a company or an individual and may be subject to libel laws. Please verify that all information submitted is accurate and factual. The User agrees that they will not post or distribute or facilitate distribution of any content, including but not limited to enquiries, text, communications, software, images, sounds, data, or other information, that: (1) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or provide links to adult contents elsewhere, or otherwise violates Zombal's rules or policies; (2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (3) infringes on any patent, trademark, copyright, right of publicity, or other proprietary right of any party; (4) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of gambling; (5) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (6) impersonates any person or entity, including any of our employees or representatives.
When you register with Zombal, it is mandatory to submit your email address and your working name and select a password. You may submit other optional details such your location, time-zone, real name, biography, qualifications and experience.
When a Launcher posts a zomb or a Catcher intends to apply for the zomb, they will not be able to see the contact details of each other. Members are prohibited from publishing any information (“Contact Data“) in their profile, or pass on contact data to other Members during the bid procedure, other than in the manner specified by Zombal. When the Launcher who has posted a Zomb receives Bids from Catchers, he is able to see the contact information of the Catchers who quoted for this posting. Similarly, Catchers can see the contact information of the specific Launcher only when the Catcher has started the process of examining the specific Zomb.
If you are found to be involved in any of the aforementioned acts of using the service unlawfully, you will be advised to remove the materials immediately. Failure to immediately remove the content will result in a cancellation of your account and may involve forfeiture of any fees or quans held on your behalf by Zombal. Zombal also reserves the right to remove such prohibited material without warning or notification to the User.
If you encounter such prohibited material on the Site, you waive your right to any damages related to such exposure. Such material should be immediately reported to "mail to: info@Zombal”: info@Zombal.com. In case of any violation of these Terms, Zombal reserves the right to seek all remedies available by law and in equity for such violations.
The words "use" or "using" in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from Zombal services, transmit, receive or exchange data or communicate with Zombal or other Zombal users, or in any way utilizes, benefits, takes advantage of, or interacts with any function, service or feature of Zombal services, for any purpose whatsoever. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current services, including the release of new Zombal resources and services.
3. The Service and Conditions
The Zombal website is intended to be useful to Members acting in two ways. As a Launcher, they may assemble a Zomb (a unit item or topic) relating to desired research work or experimentation or measurement or design or information provision that is intended for processing through Zombal (within Zombal Space). As a Catcher, they may use the facilities provided by Zombal to identify Zombs which they have the expertise to respond to, and, if they wish, bid on some of these Zombs. A Launcher is not prohibited from offering the substance of a Zomb elsewhere.
4. Eligibility and Registration
Some aspects of Zombal Space are open to the public, but launching or catching of a Zomb can only be done by Members. You can apply to register as a Member if you are over 18 years old, are an individual (in legal terms, a ‘real person’), and can pay applicable fees. Only one Zombal membership can be held by any person, and identification may be required to comply with national financial rules.
For the registration process you need a valid email address, and you can choose a Working Name and a Password. The Password chosen by you is known only to you. You are entirely responsible for maintaining the confidentiality of your password.
Your Working Name will not be generally disclosed on the Site except as needed for the processing of Zombs or for other use authorized by you. Your legal name, if different to your Working Name, may be required for security purposes such as for payments to be made to you, but will never be disclosed to others.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Zombal has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Zombal has the right to suspend or terminate your Membership and refuse any or all current or future use of any or all Membership services or privileges.
5. Role of Service Contracts and the Role of Zombal
If a Launcher accepts a Catcher's Bid for a Contract, a services contract is formed directly between the Launcher and the Catcher. Zombal is not a party to such a contract, except in that Zombal provides mechanisms and rules for the fulfillment of the contract, and is entitled to stated fees for facilitating the contract. Zombal makes no representations or warranties or enters into any contracts with respect to fulfillment of Zombs.
Zombal is not a party to any Service Contract between Launchers and Catchers, and Zombal itself does not deliver any Contracts or Work Product, nor does Zombal make any representations regarding the quality thereof, except as may be otherwise explicitly set forth by Zombal. Any agreement or attempted agreement between a Launcher and a Catcher, in connection with a Service Contract, requiring that payment be made outside of the Zombal Platform, is forbidden and shall constitute a material breach of this Agreement.
6. Modifications to the Service
7. General User Obligations
Zombal has created a marketplace to connect Launchers and Catchers of Zombs using its systems and resources. Zombal is not a service company and does not in any manner manage individual Catchers or Launchers or their work. Posting a Zomb is only a request from the Launcher, who is not bound to accept a bid or engage one or more of the Catchers who submit their bids on Zombal.
A registered Member may post enquiries, offer bids, award a Zomb to a particular Catcher or Catchers, and rate job performances by Catchers. In the performance of a Zomb you may submit images, video, text and links, and you may send messages and establish contact with other Members through Zombal.
Communications between Members regarding particular Zombs are normally not open to others, except that subject headings and classifications may be used by Zombal indexing procedures. Nevertheless, Zombal does not guarantee any confidentiality, and it is the responsibility of Members to ensure that material they regard as confidential is suitably protected in transmission. Zombal also reserves the right to use the general characteristics of Zomb traffic in its promotion or marketing procedures or in improving the efficiency of its services.
Zombal does not endorse any traffic content that may appear on or through the Site and makes no warranties, express or implied, as to its accuracy and reliability. Zombal expressly disclaims any and all liability in connection with any and all traffic content.
8a. Submission of Bids
When a Zomb is launched, it includes a specific time for which it may remain in Zombal Space for response by Catchers (the “Validity Period”, normally a specific number of days). If bids have not been made or accepted by the expiration of this Validity Period, the Zomb is automatically withdrawn. A Launcher may also manually withdraw their Zomb to replace it with a new version or for any other reason.
A bidder is bound by the terms of the bid and on acceptance of the bid has to undertake the Zomb unless it is withdrawn as stipulated in this agreement. If a Zomb is withdrawn before any bid is accepted, all claims for compensation for expenditure or damages which may exist are invalid, regardless of the party against whom they are directed. Enquiries and bids which have been withdrawn may be listed in a Member’s profile.
8b. Rating System
Both Launcher and Catcher have the opportunity to rate various parameters of performance of each other after the work is completed. The objective of the rating system is to build a meaningful profile of both Members based on their skills, reliability, communication, quality of performance, etc. To achieve this objective and help the Members, the Members should rate the performance in an objective and unbiased manner. There should be no unnecessary, irrelevant or insulting statements. Any such statements may result in complete or partial deletion of the rating, suspension of the Member, termination of the Membership Agreement and/or other appropriate measures.
9. The Zombal Payment System
Launchers or Catchers give or receive recompense for the actions in a Zomb by exchanging credit units. One Credit is worth about US $1, its exact value on a given day depends on exchange rates.
The Credit has some similarity to a currency, but is more like the points tally in a frequent-flyer scheme or the tokens used in some transport systems. So a Credit has no intrinsic or fixed value, except as a token in an activity system. Members may buy Credits from Zombal through commercial financial services such as credit cards or PayPal, earn them from other Members through completion of Zombs, or cash out them through Zombal in certain currencies.
Credits are the units in which a Bid is stated. Fractions of one Credit are not allowed. The number of Credits standing to a Member’s account is called their Stash. Stashes are not allowed to go into negative territory, and minimum amounts may be required to be held in a Stash to meet upcoming costs, such as an annual Membership fee.
The rate at which Credits may be bought or cashed out is called the Quotation Rate, and is listed at all times on the Site. The Quotation Rate is based on a basket of commonly-traded currencies in a scheme designed to reduce the effects of variations in individual currencies, but the value of one Credit will normally be close to the value of one US dollar.
Members may buy Credits through Zombal to increase their Stashes. The buying rate is the same as the Quotation Rate, but does not include charges made by financial institutions to effect the purchase.
Members holding Credits above their requirements may cash some or all of them out through Zombal. The redemption rate is 90% of the Quotation Rate, that is, Zombal charges a Fee of 10% of the value of Credits redeemed. Financial institutions effecting the cashout may also impose their own charges.
Credits held in a Member’s Stash do not attract interest or holding charges. Credits held by Members may only be transferred to other Members through the operation of bidded-for or completed Zombs. Private transfers of Quans outside the Zombal system are forbidden.
9.2 Mechanisms of Credit transfers.
When a Launcher accepts a Bid, the Launcher commits themself to transfer of the amount of Credits in the accepted Bid. For smaller amounts which will not cause concern to the Launcher, the Zombal software will deduct the bid amount from the Launcher’s Stash and transfer that amount to the Catcher’s Stash.
9.3 Disagreements on satisfactory completion of work.
Launchers and Catchers are expected to make every effort to sort out disagreements themselves and find remedies for points of complaint. If agreement cannot be reached between the parties, they may call upon an Adjustment Agent or Agents. Adjustment Agents are themselves Members who are willing to try and resolve differences between Launchers and Catchers. They can be called upon through an Adjustment Zomb, where one or both parties launch Zombs stating the adjustment work needed, and call for Bids for this work. The Launcher and the Catcher may share an Adjustment Agent, or accept separate Bids. Adjustment Agents can only be called upon if the Bid amount for the disputed work is being held in the Stakeholding Stash.
Members are expected to make every effort to achieve resolution of their problems and to accept compromises or remedies suggested by their Adjustment Agents. If Members show unreasonable attitudes or behaviour in these matters, it may affect their profiles and cause other Members to have reservations in dealing with them.
If Adjustment Agents are unable to resolve the dispute, the final resort is to call upon a Zombal Arbitrator. A Zombal Arbitrator is appointed by Zombal, rather than being found by the Members, and will only agree to act if both sides are willing to accept his fee rates and both agree to accept his arbitration judgement as binding. Members agree to accept the above dispute settlement mechanisms as a condition of use of the Zombal Platform, and no further resort to civil law is permitted.
In the case of a dispute, amounts being held in the Stakeholding Stash remain there until the dispute is settled.
9.4 Legal notes.
Zombal provides the Payment Service and requires you to use it to make all payments to Zombal and to make and accept payments from other Users in the purchase and sale of Services through the Zombal Platform. Amounts transferred or stored in the Payment Service are not insured deposits. Solely for purposes of the Payment Service and not for any other Services available through the Zombal Platform, Zombal acts as your agent and not as a trustee or fiduciary with respect to such funds or payments. However, you understand and agree that Zombal will not hold funds delivered as payments to Zombal from Members in a separate account, but may commingle and deposit such funds with other funds to be paid to other Members and with funds of Zombal. In addition, you understand that such commingled funds could be used to pay other Users and by Zombal for general corporate purposes or otherwise.
Zombal offers a payment system that allows Launchers and Catchers to pay with or receive funds through their Credit Card, Paypal or other Money Brokers (the "Payment System"). If you make use of this service, Zombal will collect your financial institution information and will use that information to to perform billing operations, including but not limited to the use and disclosure of such information to third parties as necessary to complete such billing operations.
Zombal shall have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable. Instead, Members shall be solely responsible for providing any documents required by applicable law, and remitting any taxes or charges for which they are liable to the appropriate authorities, and indemnifying Zombal against any requirement to pay any withholding amount to the appropriate authorities.
Members agree that Zombal shall be paid a fee (the "Zombal Fee") for services and technology including but not limited to maintaining the Zombal Platform, providing online management resources, and/or managing payment between Users. Zombal charges 10% of the value being cashed out. All fees are non-refundable, whether or not Contracts were satisfactorily completed. No modification or amendment to this pricing shall be binding upon either party unless included in a written instrument signed by a duly authorized representative of each party.
11. User Conduct and Lawful Use
The User agrees that use of the site is subject to all applicable International, National, Federal, state, and local laws and regulations. The User agrees to abide by these laws and is solely responsible for the contents of their communications through the Service. The User agrees to use Zombal for lawful purposes only. Users agree to comply with the statutory and other regulations which govern both the provision of and remuneration for services in certain sectors.
As a User, you agree:
12. Acknowledgment by users of Zombal's role
The User expressly acknowledges, agrees and understands that: (i) the Zombal Platform is merely a venue where Members may act as Launchers or Catchers; (ii) Zombal is not a party to any Service Contracts between Launchers and Catchers; (iii) The Member recognizes, acknowledges and agrees that they are not an employee of Zombal and that Zombal does not, in any way, supervise, direct, or control Member work or Services; (iv) Zombal shall not have any liability or obligations under or related to Service Contracts or any acts or omissions by Users; (v) Zombal has no control over Catchers or over the Services promised or rendered by Catchers; and, (vi) Zombal makes no representations as to the reliability, capability, or qualifications of any Catcher or the quality, security, or legality of any Service, and Zombal disclaims any and all liability relating thereto.
14. Limitation of Liability
As a condition of use of the Service, and in consideration of the services provided by Zombal, the User agrees that neither Zombal, nor any Member, officer, affiliate, director, shareholder, agent, or employee of Zombal will be liable to the the User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from or otherwise arising in connection with the Service, Site or Content.
You specifically acknowledge that Zombal shall not be liable for User submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Site is administered by Zombal from its various facilities. Zombal makes no representations that the Zombal Site is appropriate or available for use everywhere. Those who access or use the Zombal Site from their individual jurisdictions do so at their own volition and are responsible for compliance with local law.
Zombal shall not be liable for any damages resulting from the use or the inability to use Zombal services, or any delay in performing, or any failure to perform, any of our obligations in relation to Zombal or any of its features, if the delay or failure was due to an act of God, war, terrorism, failure of power or internet service provision, or any other cause beyond our reasonable control; or for cost of procurement of substitute services or resulting from any products or services purchased or obtained; or transactions entered into through the site or resulting from unauthorized access to, deletion or alteration of user's transmissions or data or failure of the site to store user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if Zombal has been advised of the possibility of such damages.
To enable us to deal with any complaint that may arise relating to Zombal or any of its features, the User must provide full details of any complaint within fourteen days of the supply of the relevant services by us.
The materials on this Site are copyrighted and any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. A Registered Member may download one copy of the information ("Materials") found on the Zombal website onto a single computer for their personal, non-commercial, internal use only, unless specifically licensed to do otherwise by Zombal in writing or as allowed by any license terms which are acquired by Zombal or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions. You may not:
16. Disclaimer/No Warranty
Zombal service is provided on an "as is" basis without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Zombal be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials; any unauthorized access to or use of our secure servers; any and all personal information and/or financial information stored therein; any bugs, viruses, trojan horses, or the like which may be transmitted to or through our site by any user or other third party; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Zombal site.
Zombal does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Zombal site or any hyperlinked site or featured in any banner or other advertising, and Zombal will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of finance or products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate. Zombal is not responsible for the quality of a job, performance of a Catcher, or timeliness of the service provided by a Catcher selected by the Member, and is not liable to compensate for any damage on account of such service. As a provider of interactive services, Zombal is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other interactive area.
Zombal further does not warrant that its service will be secure or uninterrupted; or that the information, text, graphics, links or other items contained within these materials will be accurate and complete. Zombal may make changes to these materials at any time without notice. Zombal makes no commitment to update the Materials. No oral advice or written information given by Zombal, its employees, licensors or the like, will create a warranty.
Zombal is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or on any of the Zombal Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Zombal Services.
Zombal may give notice to you by electronic mail or by conventional mail, or by SMS text message, using the contact data furnished by you. Notice by Zombal shall be deemed to have been delivered and effective on the date that Zombal makes a good faith effort to reach you. You shall give notice to Zombal at the address on the Site, stating your contact details. Notice by you shall be effective on the date that Zombal actually receives the notice.
19. Intellectual Property Rights
When you provide Submissions to Zombal, you still retain all of your rights of ownership in your Submissions. The copyright of original material produced by a Catcher through fulfillment of a Zomb shall become the property of the Launcher on receipt of payment by the Catcher. The User acknowledges that content, including but not limited to policy information, text, software, music, sound, images, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Service ("Content"), may be protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and the User is only permitted to use the Content as permitted by law. The User agrees not to use or divulge to others any information designated by Zombal as proprietary or confidential.
20. Term and Termination
The term of this Agreement commences on the Effective Date and continues in effect until for a period of one year unless terminated earlier.
You agree that we may terminate your right to use our Services if the information that you provided initially to register for our Services, or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material. Additionally, Zombal has the right to deny an order and/or renewal of service. Any attempt to undermine or cause harm to a Zombal server or its Members is strictly prohibited and will be subject to automatic account termination. This includes spamming, transmission of malware, viruses, or Trojan horses. Zombal may terminate the user’s account and forfeit any fee at any time without prior notice, if you are in breach of the terms of this Agreement. Zombal will be the sole arbiter as to what constitutes a violation of the Agreement.
A Member may issue a termination notice at any time or cancel their Membership. On receipt of such notice the membership will be cancelled without asking any question. In such an event, the Zombs posted which are not placed, and bids received but not yet accepted, will be deleted without any liability on our part, and related fees will not be refunded.
User may not assign this Agreement, or any of its rights or obligations hereunder, without Zombal's prior written consent in the form of a written instrument signed by a duly authorized representative of each party (and, for the purposes of this Section, a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles). Zombal may freely assign this Agreement without consent of the User. For the purposes of this Agreement an assignment will be deemed a "Change of Control." Any attempted assignment or transfer in violation of this Section will be null and void. A "Change of Control" means (a) the direct or indirect acquisition of either (i) the majority of voting stock of such party or (ii) all or substantially all of the assets of such party, by another entity in a single transaction or a series of transactions; or (b) the merger of such party with another entity. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.
22. No Third Party Beneficiary Rights
This Agreement shall: (a) create rights and obligations only between Zombal and each individual User who accepts this Agreement; and (b) not create any rights for any other parties. For the avoidance of doubt, without any limitation, no user shall be entitled to enforce the terms of this Agreement as they apply between Zombal and another user.
23. Entire Agreement/Severability
This Agreement sets forth the entire agreement between you and Zombal in respect of this site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Zombal’s failure to act with respect to a breach by a User or others does not waive its right to act with respect to subsequent or similar breaches.
24. Governing Law.
These Terms shall be governed by and construed in accordance with applicable local laws without giving effect to any principles of conflicts of laws. In the event of any conflict between competing jurisdictions, the laws, rules, and regulations of Delaware, USA, shall govern.