Welcome to Zinch, an on-line service that allows prospective college students to create profiles, search through universities and ultimately be recruited by institutions of higher education. This page states the "Terms of Use" under which individuals and institutions may use Zinch.com (together with Zinch Inc., “Zinch”). Zinch.com is a not a social networking service. You, the student, will not be able to view other student profiles or any information therein, and likewise, you will be unable to view profiles other than your own. Your profile information is displayed to, but not limited to, universities and colleges that search through the Zinch.com database to recruit students. The services offered by Zinch.com (the “Zinch Services”), are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Zinch Services. By using the Zinch Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse Zinch.com) or you are a "Member" (which means that you have registered with Zinch.com as a student, a college or university, or a Third Party educational nonprofit including, but not limited to educational foundations, and scholarship programs). The term "User" refers to a Visitor or a Member. You are only authorized to use the Zinch Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave Zinch.com and discontinue use of the Zinch Services immediately. If you wish to become a Member, and take advantage of the services and opportunities of Zinch.com, you must read this Agreement and indicate your acceptance during the Registration process.

Zinch may modify this Agreement from time to time and such modifications shall be effective upon posting by Zinch on Zinch.com. You agree to be bound by any changes to this Agreement when you use the Zinch Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Notice of changes will appear as indicated at the top of this page in accordance with the posted “Date of last revision.”

Zinch.com reserves the right, in its sole discretion, to reject, refuse to post or remove any information by you, or to restrict, suspend, or terminate your access to all or any part of the Zinch Services at any time, for any reason, with or without prior notice, and without liability.

These Terms of Use include the Zinch Privacy Policy, which is incorporated into these Terms of Use by reference. By using Zinch.com, you are indicating your agreement to these Terms of Use, including the Zinch Privacy Policy.

Eligibility.

You must be 14 years of age or older to register as a Member with Zinch.com. Zinch.com is reserved for high school students and those seeking higher education, as well as accredited colleges, universities and approved Third Party educational organizations. When educational institutions register with Zinch through our Zinch.com service they gain access to the online database. Educational institutions (“Third Parties”) include accredited colleges and universities, secondary and higher educational institutions, and nonprofit organizations whose purposes advance the mission of Zinch, add value to the admission and/or recruitment process, and increase the educational opportunities of our Users.

By accepting these Terms of Use, you represent and warrant to Zinch that you are 14 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to Zinch that you will use Zinch.com in a manner consistent with any and all applicable laws and regulations. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 14 years of age.

Use of Zinch Content.

Zinch authorizes student members to view and access the content available on or from Zinch.com solely for personal use. Zinch authorizes all other members to view and access the content available on or from Zinch.com solely for professional use. The contents of Zinch.com, and of all other websites under Zinch's control (the “Zinch Sites”), whether partial or otherwise such as text, graphics, images, logos, button icons, software and other Zinch Content (collectively, "Zinch Content"), are protected under both United States and foreign copyright, trademark and other laws. All Zinch Content is the property of Zinch or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Zinch Sites is the exclusive property of Zinch and protected by U.S. and international copyright laws. Unauthorized use of the Zinch Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Zinch Content on any copy you make of the Zinch Content. You may not sell or modify the Zinch Content or reproduce, display, publicly perform, distribute, or otherwise use the Zinch Content in any way for any public or commercial purpose. Unless you are a college or university the use of the Zinch Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that Zinch creates to generate any Zinch Content or the pages making up any Zinch Site that is also protected by Zinch's copyright.

Zinch.com contains User Content (defined below) from other Users and Zinch.com licensors. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on or through the Zinch Services.

Zinch Site Restrictions.

Users may not use Zinch.com in order to transmit, distribute, store or destroy material, including, without limitation, Zinch Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of any Zinch Site, including, without limitation the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Zinch Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Zinch will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses.

The URL posting and profile database features of Zinch.com may be used only for lawful purposes by individuals seeking to be recruited, colleges and universities seeking students and Third Party educational organizations seeking to provide college admission and financial aid opportunities to students.

Registration Information.

When you, the student, register with Zinch.com, you will be asked to provide Zinch with certain information, including, without limitation, a valid email address and mailing address (your "Zinch Account Information"). In addition to the Terms of Use and any privacy policy applicable to any of the Zinch Sites, you understand and agree that Zinch may disclose to Third Parties, certain aggregate information contained in your registration application and to those universities or other educational institutions that access the data. By accepting the “Terms of Use,” you consent to Zinch’s disclosure of any data collected to any Third Party in order for Zinch to comply with applicable laws or in legal proceedings where such information is relevant.

Zinch reserves the right to offer Third Party services and products to you based on the preferences that you, the student, identify in your registration and at any time thereafter; such offers may be made by Zinch or by Third Parties. Please see Zinch's Privacy Policy for further details regarding your Zinch Account Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Zinch does not provide or make any representation as to the quality or nature of any of the Third Party products or services made available through Zinch.com, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider. If you cancel your Zinch.com account, all your Zinch Account Information will be deleted from Zinch.com, but will be maintained in our database. However, if you remove your profile from Zinch.com, colleges, universities and Third Parties who have gained access to the data previously may have already saved a copy of your Zinch Profile. Zinch is not responsible for the retention, use of, or privacy of Zinch Profiles in this situation, or while Zinch Profiles are stored in our database.

After graduation from high school, student users can continue to log in and update both the profile and personal URL to maintain eligibility for scholarships, showcase themselves to future employers, or others with whom they need to show resumes.

User Content and Submissions.

You, the student, are solely responsible for your Zinch Account Information, Zinch Profile, content, videos, messages or other information ("User Content") submitted, published or displayed (hereinafter, "post") on Zinch.com or transmit to other Users. By posting User Content to Zinch.com, you automatically grant, and you represent and warrant that you have the right to grant, to Zinch an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.

By posting User Content to any public area of Zinch.com, including the Flavor, message boards, forums, contests and chat rooms, you grant Zinch and its affiliates a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further warrant that you own any User Content posted by you on Zinch.com and that the posting of your User Content on Zinch.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you on Zinch.com.

You, the student, agree that all posting done in your Zinch Profile that is your original work including, but not limited to, music, essays, art work is not available for public use or sale by Zinch.com. You maintain full rights and ownership of your personal work as stated in our Privacy Policy.

Zinch acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Zinch may review and delete any User Content that, in the sole judgment of Zinch, violates these Terms of Use, violates applicable law, rules or regulations, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of any Zinch Site. Zinch reserves the right to expel Users and prevent their further access to Zinch.com for violating the Terms of Use or applicable law, rules or regulations and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. Zinch may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Zinch or may cause Zinch to lose (in whole or in part) the services of its ISPs or other suppliers.

Zinch does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Zinch expressly disclaims any and all liability in connection with User Content. Zinch does not permit copyright infringing activities and infringement of intellectual property rights on Zinch.com, and Zinch will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. Zinch reserves the right to remove User Content without prior notice.

The following is a partial list of User Content that is prohibited on Zinch.com. The list below is for illustration only and is not a complete list of all prohibited User Content. Prohibited content includes, but is not limited to, content that:

• is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses, incites harassment or advocates harassment of another group or individual;
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protected devices, or providing or making available pirated music or other media or links to pirated music or other media files;
• contains restricted or password only access pages, or hidden pages or images;
• displays or links to pornographic, indecent or sexually explicit material of any kind;
• provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
• provides instructional information about illegal activities or other activities prohibited by these Terms of Use, including without limitation, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or pirating any media; or solicits passwords or personal identifying information from other Users.

Any Zinch Profile you, the student, submit must describe you, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Zinch Profiles that purport to represent an animal, place, inanimate object, group, organization, fictional character, or real individual that is not you. You may include in your Zinch Profile any telephone numbers, street addresses, last names, URLs, email addresses or other means of contacting you.

Your Zinch Profile does not take the place of any college entrance application. It does not guarantee the admittance into college and Zinch does not make any guarantees, representations or promises that such will assist you in getting admitted into college. Zinch.com members are the sole creators of their profiles and Zinch does not independently verify the information provided by Members or the identity of Members.

Zinch reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from Zinch.com and/or terminating the offending User's ability to access Zinch.com and/or use the Zinch Services. Zinch may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Zinch or may cause Zinch to lose (in whole or in part) the services of its ISPs or other suppliers.

Zinch does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. Any reliance on material posted by other Users will be at your own risk.

Zinch has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, Zinch may, in its sole discretion, investigate the allegation and determine whether to take any other actions, whether to remove or request the removal of the User Content. Zinch has no liability or responsibility to Users for performance or nonperformance of such activities.

We appreciate hearing from our Users and welcome your comments regarding our services and Zinch.com. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Zinch. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Zinch shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.

Assumption of Risk.

You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, agree to release, indemnify and hold harmless Zinch, its officers, directors, employees, officials and agents (the “Releasees”), from any and all claims, demands, losses, and liability arising out of or related to any injury, disability or death you may suffer, or loss or damage to person or property to the fullest extent permitted by law, that occur during the creation of or are in any way related to the User Content. You further KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, and assume full responsibility for your User Content, any actions related to the creation of such, and your participation in the Flavor, Zinch.com, or any related service offered or related to Zinch.

Registration and Password.

You are responsible for maintaining the confidentiality of your Zinch Account and passwords. You shall be responsible for all uses of your registrations and passwords, whether or not authorized by you. You agree to immediately notify Zinch of any unauthorized use of your Zinch Account or passwords.

Consent to Electronic Communications and Email Solicitation.

When you, the student, register for the Zinch Services, you agree that we may provide you with information and other materials regarding products, services, and other offers from time to time as described in our Privacy Policy. Such solicitations may take the form of materials mailed to you, telephone calls, email messages or other forms. Solicitations will be made to the addresses and numbers provided to us in the registration process.

If, at any time, you wish to opt out of receiving such Services, you must email info@zinch.com with your request

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement.

If you believe that your copyrighted work has been uploaded, posted or copied to any Zinch Site and is accessible on such Zinch Site in a way that constitutes copyright infringement, please notify us at support@zinch.com, by providing our designated copyright agent with the following information:

1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work You claim has been infringed, and a description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on the Zinch Site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number and, if you have one, your e-mail address;
5. A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

Zinch's Liability.

Zinch.com acts as a venue for universities and colleges to recruit and for students to post profiles/resumes and does not screen or censor the data offered. Zinch is not liable for the accuracy of information posted by Users on Zinch.com. Zinch’s intention is to give access to the database only approved, registered colleges, universities and Third Parties in compliance with the terms of the Letter of Understanding signed at registration, but cannot guarantee that others will not, without our consent, access this data. Though you may remove your profile from our database at any time, recruiters and others who have gained access to the data may have already saved a copy of the Users profile. We are not responsible for the retention, use or privacy of profiles in this situation, or while profiles are stored in our database.

Because user authentication on the Internet is difficult, Zinch cannot and does not confirm that each User is who he or she claims to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Zinch Site, in the event that you have a dispute with one or more Users, you release Zinch (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If you are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Zinch.com and the Zinch Content may contain inaccuracies or typographical errors. Zinch makes no representations about the accuracy, reliability, completeness, or timeliness of any Zinch Site or the Zinch Content. The use of all Zinch Sites and the Zinch Content is at your own risk. Changes are periodically made to Zinch Sites and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any profile information or material contained therein placed by you on the Zinch Sites. Zinch is not to be considered to be an employer with respect to your use of any Zinch Site and Zinch shall not be responsible for any higher education decisions, for whatever reason made, made by any person or entity posting a profile on any Zinch Site.

Zinch cannot guarantee and does not promise any specific results from use of Zinch.com or any other Zinch Site. No advice or information, whether oral or written, obtained by a User from Zinch or through or from Zinch.com or any other Zinch Site shall create any warranty not expressly stated herein.

Disclaimer of Warranty.

ZINCH DOES NOT WARRANT THAT ANY ZINCH SITE WILL OPERATE ERROR-FREE OR THAT ANY ZINCH SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY ZINCH SITE OR THE ZINCH CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ZINCH IS NOT RESPONSIBLE FOR THOSE COSTS. THE ZINCH SITES AND ZINCH CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ZINCH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZINCH MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE ZINCH CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages.

IN NO EVENT SHALL ZINCH, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY ZINCH SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY ZINCH SITE AND THE ZINCH CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZINCH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability.

ZINCH’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY ZINCH SITE OR YOUR USE OF THE ZINCH CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

Links to Other Sites.

Zinch.com and certain other Zinch Sites contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Zinch of the contents on such third-party web sites. Zinch is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any Zinch Site.

Indemnity.

You agree to defend, indemnify, and hold harmless Zinch, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to any Zinch Site, (ii) your use of any Zinch Content, or (iii) your breach of the terms of these Terms of Use. Zinch shall provide notice to you promptly of any such claim, suit, or proceeding.

General.

Access to the Zinch Content may not be legal by certain persons or in certain countries. If you access a Zinch.com or other U.S.-based Zinch Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

Except as expressly provided in an additional agreement, additional terms of use for areas of Zinch.com, a particular "Legal Notice," or software license or material on particular web pages, these Terms of Use constitute the entire agreement between you and Zinch with respect to your use of Zinch.com. No changes to these Terms of Use shall be made except by a revised posting on this page.

Governing Law and Disputes.

If there is any dispute about or involving the Zinch Services, you agree that the dispute shall be governed by the laws of the State of Utah, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Utah, City of Salt Lake City. Either Zinch.com or you may demand that any dispute between Zinch.com and you about or involving the Zinch Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association in Salt Lake City, Utah, USA, provided that the foregoing shall not prevent Zinch.com from seeking injunctive relief in a court of competent jurisdiction.

Additional Terms of Use.

Certain areas of Zinch.com and the other Zinch Sites are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Term and Termination.

These Terms of Use will remain in full force and effect while you are a User of Zinch.com at any level. Zinch reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, deletion of your User Content from Zinch.com and the other Zinch Sites and immediate termination of your registration with or ability to access Zinch.com and the other Zinch Sites and/or any other services provided to you by Zinch, upon any breach by you of these Terms of Use or if Zinch is unable to verify or authenticate any information you submit to Zinch.com or other Zinch Site registration. Even after you are no longer a User of Zinch.com, certain provisions of these Terms of Use will remain in effect.