Policies

PRIVACY POLICY

Zambooie, Inc. (“Zambooie”), owner of www.zambooie.com (this “Site”), has created this website privacy policy (“Privacy Policy”) in order to demonstrate and inform you, the user, together with any company or other business entity you are representing, if any (collectively “You” or “Your”) of our firm commitment to fair information practices and the protection of Your privacy. This Privacy Policy applies only to information collected through this Site and not to information collected offline.

1. Types of Information Collected.
   1. 1.1 Traffic Data Collected.
      Zambooie automatically tracks and collects aggregate data and information when You visit this Site, including but not limited to, Your (i) IP address; (ii) domain server; (iii) type of computer; and (iv) type of web browser (collectively, “Traffic Data”). Traffic Data is anonymous broad demographic information that does not personally identify You, but is helpful for administering our Site and improving Your experience on the Site. Zambooie may share such non-personally identifiable Traffic Data with existing and prospective business partners and advertisers. As is the case with most web sites, Zambooie also uses “cookies” to customize content specific Your interests.
   2. 1.2 Personal Information Collected.
      In order for You to access and use certain services Zambooie offers via this Site, Zambooie may require You to provide information that personally identifies You (“Personal Information”). Personal Information may include: (i) Your email address and basic contact information; (ii) Your account, credit card number or other financial information; and (iii) demographic data, such as Your zip code and gender; (iv) computer sign-on data, statistics on page views, traffic to and from the Site and ad data (all through cookies - You can take steps to disable cookies on Your browser, however this is likely to affect Your ability to use the Site); (v) desired user name; (vi) discussion board posts and other messages, including correspondence between Zambooie and You; (vii) general information regarding your purchasing and shopping. If You communicate with Zambooie by e-mail or otherwise complete an on-line form or survey, any information provided in such communication may be collected as Personal Information.
   3. 1.3 Data and Reports Compiled or Generated Through the Site Services.
      As a part of certain services, Zambooie compiles and stores data and information and generates reports related to Your access to and use of such services (“Service Data and Reports”).
2. Use of Personal Information Collected.
   We use Your Personal Information to:
   • provide Zambooie Services and products;
   • resolve disputes, calculate and collect fees, and troubleshoot problems;
   • verify users’ identity and the information users provide;
   • encourage safe online experience and enforce our policies;
   • customize users’ experience, analyze site usage, improve and measure interest in our services, and inform users about services and updates;
   • communicate administrative announcements when we need to provide users with information that may affect their use of Indie Labs Services and products;
   • communicate marketing and promotional offers to our users;
   • provide customer service; and
   • perform other business activities as described when we collect the information.
   During the course of the business, we may use Your Personal Information to deliver to You information that is targeted to Your interests. Upon receipt of the first communication of this type, You will have the opportunity to opt-out of future communications by clicking on the unsubscribe link or by following unsubscribe instructions described within the communication. From time to time, we may implement solutions designed to more efficiently capture Your communications preferences. In any such event, we will strive to reflect any previously stated communicated preferences within such solutions. As part of your use of the Site, You agree that You may receive certain administrative communications from Zambooie, such as administrative announcements and customer service messages regarding Zambooie services and products, and You will not be able to opt out of receiving such administrative communications.
3. Confidentiality and Security of Personal Information.
   Except as otherwise provided in this Privacy Policy, Zambooie will keep Your Personal Information and Service Data and Reports private and will not share any of it with third parties, unless such disclosure is necessary to: (a) comply with a court order, legal process or as otherwise required by law; (b) protect Zambooie or Your rights or property; (c) protect against misuse of the Site and to identify persons who may be violating law or the rights of third parties; (d) cooperate with the investigations of possibly unlawful activities; (e) enforce our terms of service; (f) coordinate with our corporate affiliates the Services we provide to You; (g) deliver our Services to You. Please note that Zambooie may not provide You notice prior to disclosure in such cases. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Zambooie has put in place industry standard physical, electronic, and managerial procedures to safeguard and secure the information Zambooie collects on-line that is under Zambooie’s control. For example, Your Personal Information is stored on secure servers. Zambooie provides You with the capability to transmit Your Personal Information via secured and encrypted channels if You use a similarly equipped web browser. However, no data transmission can be guaranteed to be completely secure, and Zambooie does not warrant the security of information transmitted by you over the Internet to Zambooie.
4. Other Limits to Your Privacy.
   This Site provides links to various web sites or sponsors, which we do not control, for your convenience. When you click on one of these links, you will be transferred out of our Site and connected to the web site of the organization or company that you selected. We are not responsible for the nature, quality or accuracy of the content or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for quality, accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply or express an approval or endorsement of the linked web site by Zambooie, or of any of the content, opinions, products or services provided on these web sites. Even if an affiliation exists between our Site and a third-party web site, Zambooie exercises no control over linked sites. Each of these linked sites maintains its own independent privacy and data collection policies and procedures. While Zambooie expects its partners, advertisers and affiliates to respect Your privacy, Zambooie cannot be responsible for the actions of third parties. If You visit a web site that is linked to from our Site, we encourage You to consult that web site’s privacy policy before providing any Personal Information and whenever interacting with any web site.
5. Disclosure of Customer Information through Business Transfers.
   As Zambooie continues to develop its business, Zambooie may buy, merge or partner with other companies or businesses, and in so doing, acquire customer information. In such transactions, Your Personal Information may be among the transferred assets. Similarly, in the unlikely event that a portion or substantially all of Zambooie assets are sold or transferred to a third party, Personal Information likely would be one of the transferred business assets.
6. Consent to Privacy Statement.
   This Site is controlled, operated and administered entirely within the United States. By using this Site, you signify your agreement to the terms of our Privacy Policy. If you do not agree with this Policy, please do not disclose any Personal Information through this Site, or please refrain from accessing the Site. This Privacy Policy and the use of this Site are governed by Tennessee law. Any claim related to the Site or this Privacy Policy shall be brought pursuant to the Dispute Section found within the Merchant User Agreement. This Privacy Policy and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.
7. Updates and Changes to Privacy Policy; Account Revisions, Revoking and Deleting Personal Information.
   Zambooie reserves the right to add to, change, update or modify this Privacy Policy by posting such change, update or modification on the Site. Any such change, update, or modification will be effective immediately upon posting on the Site.
   
   At any time, You may revoke your consent, cease further use of Your email address to send You updates, and direct Zambooie to delete the information You have supplied. Although it is not always possible to remove or modify information in the databases, Zambooie will make reasonable efforts to do so.

Zambooie welcomes your comments and questions. You may contact us using the following address and contact information:
E-mail: privacy@merchmo.com
Telephone: 615.316.9074

ZAMBOOIE ACCEPTABLE USE POLICY

Zambooie, Inc. (“Zambooie”) maintains this Acceptable Use Policy (“AUP”) to provide users (“You” or “Your”) of Zambooie’s services, systems and network (the “Services”) with information relating to Your use of our site at www.zambooie.com (the “Site"), and restrictions on the types of information and material You will be permitted to post or advertise (“Post,” “Posting(s),” “Posted”) on the Site.

Zambooie may amend this Acceptable Use Policy at any time by posting the amended AUP on the Site. All amended terms shall automatically be effective immediately after they are Posted on the Site. Your continued use of the Site will constitute Your acceptance of any changes or additions to this Acceptable Use Policy.

Scope and Application of AUP

Your compliance with, and cooperation in Zambooie’s enforcement of, this AUP is an important condition to Your continued use of the Site. This AUP is not intended to address all possible unacceptable Postings on the Site. As a result, Zambooie reserves complete discretion to determine what constitutes an unacceptable Posting and reserves the right to suspend or terminate Your ability to Post, or take such other action as Zambooie deems appropriate in its sole and exclusive discretion.

Lawful Purpose

You may Post on the Site only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not Post to facilitate, or otherwise assist others in, the violation of any law or regulation.

Prohibited Activities

The following list is illustrative, but not exhaustive, of the Posting activities that Zambooie, in its sole discretion, may prohibit You from engaging in on the Site. You agree that without express consent from Zambooie, Your Posting on the Site shall not:

• violate the list of Prohibited and Restricted Items Policy that is incorporated herein;
• be false, inaccurate or misleading;
• be fraudulent or involve the sale of counterfeit or stolen items;
• infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
• be obscene or contain child pornography;
• contain hate speech, directed at any individual, group or entity;
• contain immoral, scandalous, vulgar, tasteless, indelicate, crude or profane material;
• contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• involve the transmission of any unsolicited commercial or bulk email (known as “spamming”) or serve as/provide a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes;
• be harmful or potentially harmful to the Zambooie Server structure as determined in Zambooie’s sole discretion, including without limitation overloading the Zambooie technical infrastructure;
• create liability for Zambooie and its subcontractors or expose them to undue risk or otherwise engage in activities that Zambooie, in its sole discretion, determines to be harmful to Zambooie’s affiliates, operations, reputation, or goodwill;
• link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation.

Prohibited Items

The following list is illustrative, but not exhaustive, of the material that You are prohibited from Posting on the Site:

• Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)
• Obscene Material, Child Pornography and Pornography
• Offensive Material or Hate Speech
• Material that infringes on another’s intellectual property rights

Privacy

As set forth in Zambooie’s Privacy Policy, which is incorporated herein and set forth in a separate policy on the Site, Zambooie is concerned with the privacy of on-line communications and websites. The Internet is no more secure than other means of communications. You should assume that all on-line communications are insecure. Zambooie is not responsible for the security of any information transmitted to and from the Site.

Spamming and Related Activities

Zambooie strictly prohibits Your use of the Site to transmit SPAM or to advertise via SPAM. “SPAM” is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium. Activities that violate this AUP may also subject You to civil liability to third parties and to criminal penalties.

Prohibited Uses

YOUR USE OF THE SITE MAY NOT VIOLATE ANY OF THE PROVISIONS IN THIS AUP. ZAMBOOIE MAY SUSPEND OR TERMINATE YOUR SERVICES, OR ALTERNATIVELY REMOVE (TO THE EXTENT POSSIBLE) ANY MATERIALS, IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP.

You violate this AUP when You or any third party acting on Your behalf engage in any activity, directly or indirectly, or attempt to engage in an activity, whether successfully or otherwise, contrary to the terms of this AUP.

Zambooie will not intervene or become involved in any disputes between You and a third party. Consequently, Zambooie reserves the right, in its sole and exclusive discretion, to suspend or terminate Your Postings upon its receipt of any third party complaint that You have engaged in any activity that violates this AUP, that may otherwise subject Zambooie to liability for any reason, or that may cause Zambooie to incur legal fees or other expenses.

Zambooie may suspend and terminate Your Postings without notice to You for breach of this AUP. Zambooie may also report Your activities to federal and/or state law enforcement agencies.

Monitoring of Services; Cooperation with Law Enforcement; Legal Documents

You are solely responsible for ensuring that materials that You Post on the Site comply with this AUP and all applicable laws and regulations. Zambooie is not responsible for reviewing, editing or taking responsibility for any information You may Post.

Zambooie may disclose information, including information that You may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. Zambooie assumes no obligation to inform You that such information has been provided and, in some cases, Zambooie may be prohibited by law from providing You with notice.

Contact Information

It is Your responsibility to provide and check the contact information, including a required valid e-mail address, that You provide to Zambooie. It is Your responsibility to inform Zambooie promptly of any changes to Your contact information. Zambooie has no responsibility for communications that are misdirected as a result of Your failure to provide Zambooie with updated contact information.

COPYRIGHT CLAIMS POLICY

Zambooie, Inc. (“Zambooie”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Zambooie’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

Upon proper notification of a claimed infringement, Zambooie will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

1. Procedure for Reporting Copyright Infringements:
   If you believe that material or content residing on or accessible through the Zambooie websites infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
   1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
   2. Identification of works or materials being infringed;
   3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Zambooie is capable of finding and verifying its existence;
   4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
   5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
   6. A statement made under penalty of perjury that the information provided in the notification is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
   It is Zambooie’s policy:
   1. to remove or disable access to the infringing material;
   2. to notify the user that Zambooie has removed or disabled access to the material; and
   3. that repeat offenders will have the infringing material removed from the system, their account(s) will be terminated, and they will no longer be able to use Zambooie services.
3. Procedure to Supply a Counter-Notice to the Designated Agent:
   If the Zambooie user believes that the material that was removed or to which access was disabled is either not infringing, or the user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user, must send a counter-notice containing the following information to the Designated Agent listed below:
   1. A physical or electronic signature of the user;
   2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
   3. A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
   4. User's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user's address is located, or if the user's address is located outside the United States, for any judicial district in which Zambooie is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

CAUTION: PURSUANT TO TITLE 17, SECTION 512(F) OF THE UNITED STATES CODE, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING, OR THAT MATERIAL OR ACTIVITY WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING COSTS AND ATTORNEYS' FEES, INCURRED BY THE ALLEGED INFRINGER, BY ANY COPYRIGHT OWNER OR COPYRIGHT OWNER'S AUTHORIZED LICENSEE, OR BY A SERVICE PROVIDER, WHO IS INJURED BY SUCH MISREPRESENTATION, AS THE RESULT OF THE SERVICE PROVIDER RELYING UPON SUCH MISREPRESENTATION IN REMOVING OR DISABLING ACCESS TO THE MATERIAL OR ACTIVITY CLAIMED TO BE INFRINGING, OR IN REPLACING THE REMOVED MATERIAL OR CEASING TO DISABLE ACCESS TO IT.

Please contact Zambooie's Designated Agent at the following address:

Michael Lewis
1008 Old Tree Court
Nashville, TN 37210
Phone: 615.316.9074
Fax: 615.250.8717
E-mail: copyrights@merchmo.com