Last Updated: September 21, 2021
When you use, access, browse or transmit data from or on of our Digital Services including through the Website, click an “I Accept” or similar button, or subscribe to any ZeeBoat content including a newsletter, you represent that (1) you have read, understand, and agree to be bound by the TOU, (2) you are of legal age to form a binding contract with ZeeBoat, and (3) you have the authority to enter into the TOU on behalf of yourself. If any of the foregoing three conditions do not apply or are answered negatively, you may not access, or use, or order/purchase items from, our Digital Services.
Please note that the TOU are subject to change by us in our sole discretion at any time. When changes are made, ZeeBoat will make a new copy of the TOU available on our Digital Services. We will also update the “Last Updated” date at the top of the TOU. If we make any material changes, and you have provided us with your email address, we reserve the right – but do not have the obligation -- to make a reasonable effort to send an email to you at the last email address you provided to us. Any changes to the TOU will be effective immediately.
ZeeBoat may ask you to provide consent to an updated TOU in a specified manner before further use of our Digital Services is permitted, or before making a purchase at or via our Digital Services. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using our Digital Services. Otherwise, your continued use of our Digital Services constitutes your acceptance of such change(s). Please regularly check our Digital Services to view the then-current TOU which will take precedence over all prior versions.
In registering for the Digital Services, including but not limited to subscription to a ZeeBoat newsletter, you agree to (1) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least thirteen (13) years old (or such other older minimum age of requirement as may be applicable in your jurisdiction) and not a person barred from using ZeeBoat IP under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify ZeeBoat immediately of any unauthorized use of your password or any other breach of securityIf you provide any information that is untrue, inaccurate, not current or incomplete, or ZeeBoat has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZeeBoat has the right to suspend or terminate your Account and refuse any and all current or future use of ZeeBoat IP (or any portion thereof). You agree not to create an Account using a third party’s identity without their informed consent or permission, or provide false age or payment information or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. If we terminate your license to use the Digital Service, we may retain enough information to prevent you from signing up for the Digital Service in the future.
We have reasonable and appropriate administrative, technical, and physical security measures to help protect your Personal Data against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, no social media service, and no method of storing electronic information, can be 100% secure. Accordingly, we cannot guarantee the security of your transmissions to us and of the Personal Data that we store. You acknowledge that there are data security and privacy limitations inherent to the Internet, and that the security, integrity, and privacy of any and all information exchanged between you and ZeeBoat may be impacted therin.
If you are a resident or citizen of a country where the GDPR is operative, and you ask us to delete your Account, we will or may, in our discretion, remove certain personally identifying information from our active user database, and then from our records in accordance with our data deletion cycle, except that we may retain personally identifying information where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a user’s request.
In order to access certain features of our Digital Services, you may be required to become a Registered User. For purposes of the TOU, a “Registered User” is a user who creates an account with ZeeBoat (“Account”) by either registering directly with ZeeBoat through our Digital Services or logging into our Digital Services with the user’s social networking service account (“Third-Party Account”). By logging in with your Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to ZeeBoat and/or grant ZeeBoat access to your Third-Party Account (including, but not limited to, for use by ZeeBoat and its designees for the purposes described herein) without breach by you of any of the TOU and conditions that govern your use of the applicable Third-Party Account and without obligatingZeeBoat to pay any fees or incur any liability or making ZeeBoat subject to any usage limitations imposed by such third-party service providers. If you elect to grant ZeeBoat access to any Third-Party Accounts, you affirm that you understand that ZeeBoat may access, make available and store (if applicable) any of your content, information, photographs, and/or other materials (collectively, “Content”) accessible through ZeeBoat that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through ZeeBoatt IP via your Account. Unless otherwise specified in the TOU, all Third-Party Account Content shall be considered to be your Content for all purposes of the TOU including but not limited to licenses to display, use, modify, copy and perform any intellectual property contained or included therein. Subject to the privacy settings that you have set in your Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your Account onZeeBoat IP. Please note that if a Third-Party Account or associated service becomes unavailable, or ZeeBoat's access to such Third-Party Account is terminated by the third-party service provider, then your Account Content may no longer be available on and through the Digital Service. Please note that your relationship with the third-party service provider associated with your Third-Party Account is governed solely by your agreement(s) with such third-party service provider, andZeeBoat disclaims any liability for personally identifiable information that may be provided to it by such third-party service provider in violation of the privacy settings that you have set in such Third-Party Account. ZeeBoat makes no effort to review, and does not warrant or endorse, any Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and ZeeBoat is not responsible for any Third-Party Account Content.
Usage Limitations and Site Errors
GLITCHES CAN HAPPEN
We may change, withdraw, or discontinue the Digital Services or any portions thereof at any time and at our sole discretion. We make no representations or warranties of any kind as to the accuracy or completeness of any content or material made available through the Digital Services (collectively, the “Content”). IF YOU RELY ON THE SERVICES OR CONTENT, YOU DO SO AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAY MAKE IN RELIANCE ON THE SERVICES AND CONTENT. THE SERVICES ARE NOT INTENDED TO BE, AND SHOULD NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. Any information regarding allergies that you may provide to us is not subject to the Health Insurance Portability and Accountability Act (“HIPAA”). Accordingly, our services may not meet HIPAA’s requirements regarding the security of protected health information, and we make no representations or warranties with respect to the security of the Digital Services.
We are not responsible for the privacy, confidentiality, data security, availability, accuracy or any other practices of any third parties, and we disclaim any and all responsibility for them and their practices. You use of such third-party devices and applications including browsers and social media apps is at your sole risk and expense.
The information and content contained on our Digital Services may contain typographical or other errors or inaccuracies, all of which are inadvertent. We reserve the right to update, amend, replace and/or correct any data, information and content we see fit at any time without prior notice or liability. Please note that such errors may relate to product information, pricing and availability, in which case we reserve the right, without liability, to cancel or terminate any orders/purchases placed in connection with such erroneous/inaccurate information, subject to refunding any monies paid, as your/the User’s sole remedy. We apologize for any inconvenience that may be caused by any errors or inaccuracies, or by our correction of them.
If you have a specific allergy or sensitivity to our ZEEBoat products, do not use or ingest the ZeeBoat products.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ZEEBOAT BE LIABLE FOR ANY PERSONAL INJURY TO OR DEATH OF YOU OR ANY USER OF THE ZEEBOAT PRODUCTS, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE ZEEBOAT SERVICES AND OTHER SERVICES, OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE ZEEBOAT OFFERINGS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ZEEBOAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ZeeBoat strives to create an interactive relationship with the users of its Website and Digital Services. A “Submission” is defined as manually entered comments, feedback, suggestions, ideas, usernames and other submissions on or to our Digital Services in any media that now exists or may hereinafter be created. If you send, distribute, share or post a Submission on, to or at any page or site hosted, managed or controlled by ZeeBoat including our Digital Services, and any of ZeeBoat's Facebook pages, or if you directly communicate with ZeeBoat via email, a comment form, Twitter, or on Instagram, Amazon, tumblr or another online service including by tagging ZeeBoatt with the @ or # symbol or in any other recognizable manner, you hereby affirm that you have the right to do so, and grant ZeeBoat a non-exclusive, free-of-charge/royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the universe in any media that currently exists and/or shall later be created (the “Submissions License”). You also grant ZeeBoat the right to include and/or use the user name that you submit with your Submission, if any, in connection with such Submission, whether on the Digital Service or in any other media, and that no additional compensation, consideration or credit needs to be provided to you by ZeeBoat and/or any sublicensee thereof. Users are welcome and encouraged to submit and post content, including photographs and videos, to ZeeBoat’s social media platforms where the content meets the standards articulated in this TOU. If You believe that a user has violated the terms of these TOU, it is not your responsibility to call them out on it publicly; instead, please contact ZeeBoat. ZeeBoat shall have the sole right (but not the obligation) and sole discretion to delete, refuse and/or move any Submission and/or block access by the public to any Submission that violates the TOU or is otherwise deemed objectionable for any reason in ZeeBoat's sole discretion, while maintaining copies of said Submission for archival and legal purposes. Although we try to maintain a safe environment on our social media platforms and the Digital Services, we are not responsible for the posts of any user and disclaim any and all liability for such posts. You acknowledge that we are not obligated to pre-screen user submissions (including your Submission) and may not review user submissions (including your Submissions) for purposes of compliance with the TOU or any other policy or otherwise. Furthermore, ZeeBoat shall be under no obligation to: (1) maintain in confidence any of your Submissions that are shared publicly by you; (2) pay to users, including you, any compensation for any Submissions; or (3) respond to any user Submissions.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, SUBMISSIONS) POSTED ON OUR DIGITAL SERVICES AND ANY OF ZeeBoat's SOCIAL MEDIA PLATFORMS.
No Submission shall include any material which is deemed by ZeeBoat, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party privacy, moral copyrights, trademarks or other intellectual property rights, or which violates any regulation or law, or which is deemed by ZeeBoat in its sole discretion to be advertising or "spam". You acknowledge that by using the Digital Service, you may be exposed to material that is offensive, indecent or objectionable and that ZeeBoat is not liable for this.
You recognize that some Content on this Website, including all Submissions submitted by any user, represents the opinions of the individual who has created such Content, and is not endorsed by this Website or ZeeBoat in any way. ZeeBoat does not represent or endorse the accuracy or reliability of any advice, opinion, statement, Content, Submission, or other information or materials displayed, uploaded, or distributed through our Digital Services by any third party and you are responsible to verify this on your own. You acknowledge that except as otherwise provided herein regarding pricing, as limited herein, any material you download, view, or otherwise access through our Digital Services is at your own sole risk, and you will be solely responsible for any damage and/or loss or corruption of data that results from the download of any such material. You understand that the technical processing and transmission of our Digital Services, including your Content contained therein, may involve transmissions over various networks, and may require changes to your Content in order to conform and adapt to the technical requirements of connecting networks or devices. Without limiting the scope of the Submissions License or any present or future grant of rights, consents, agreements, assignments, and waivers you have made or may make with respect to Submissions, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you.
Use of Intellectual Property
The content and information available through our Digital Services, including but not limited to any future release, update or later-created Content (“collectively “ZeeBoat IP”) are protected by copyright laws throughout the world. Subject to the TOU, ZeeBoat grants you a limited license to reproduce portions of the ZeeBoat IP for the sole purpose of using our Digital Services for your personal purposes, or in connection with a hotel, restaurant and/or catering business, unless otherwise specified by ZeeBoat in a separate written license from Us to you.
You consent to transact with us electronically and receive all legal notices, warranty notices, product releases, and other communications electronically, by e-mail, postal mail, and/or by notices posted on or via the Digital Services. For this and other purposes, you agree to provide us with a valid, working email address and to notify us of any changes to your e-mail address. You are responsible for maintaining either or both an Internet browser and computing equipment, or a smartphone, app and Internet access capable of accessing the Digital Services.
Customers placing orders for products or subscriptions will receive email, pop-up and/or text alerts about each order placed on or via our Digital Services. Additionally, you may receive additional emails following receipt of an order soliciting feedback relating to that order, or recommending products or services to you, including subscription renewals, firmware updates and/or device-charging reminders, based on prior orders and other interactions with ZeeBoat, and you consent to the receipt of same.
The limited rights granted to you in the TOU are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, commercially reproduce, distribute, host or otherwise commercially exploit ZeeBoat IP or any portion of ZeeBoat; (b) you shall not use any metatags, keywords, advertisement tags or other “hidden text” using ZeeBoat's name, trademarks or other intellectual property for any commercial purpose; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of ZeeBoat IP except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in our Digital Services (except that we grant the operators of public search engines revocable limited permission to use spiders to copy materials from our Digital Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials; (e) you shall not access ZeeBoat IP in order to build a similar or competitive Website, application, product or service; (f) you shall not access aspects, elements or parts of the Digital Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Digital Services; (g) you shall not engage in or assist any other in taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or involves use of automated means to compile information; and (h) except as expressly stated herein, no part of ZeeBoat IP may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means for any purpose. ZeeBoat, its suppliers and service providers reserve all rights not granted in the TOU. Any unauthorized use by or for you of ZeeBoat IP will automatically and immediately terminate the limited license granted to you by ZeeBoat pursuant to the TOU without the need for any further notice or action on our part.
You affirm and agree that you shall not upload to, email to, distribute or otherwise publish through, or share with or through our Digital Services any Content, Submissions or materials deemed by ZeeBoat, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party privacy, moral, copyrights, trademarks or other intellectual property rights, or which violates any regulation or law, or which is deemed by ZeeBoat in its sole discretion to be advertising or "spam".
Third Party Interactions.
To improve our Digital Services and ZeeBoat products, ZeeBoat may use Content and Submissions in an aggregate and/or de-personalized manner, on our own and in collaboration with third parties.
We may from time to time link to content created by third parties and hosted on websites other than ZEEBoat’s websites. However, even if the third party is affiliated with or related to ZeeBoat, ZeeBoat does not control these services and we make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, the content, goods or services any such third parties. Outside sites linked from our site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
Usage Outside the United States
ZeeBoat is located in the United States, but we understand that some of our customers, users and their family members are citizens of or residents of other countries, including European Community countries. If you access our Digital Services from a country other than the United States, the various communications you send and receive may result in the transfer of information across international boundaries. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where you may have fewer or different legal rights in relation to your information.
We will collect and retain your information in connection with our Digital Services as necessary to provide you with the products that you order from us, as well as our Digital Services, and at least as long as required by operation local, state and federal laws and regulations. If you wish to unsubscribe from any of our emailed newsletters or marketing materials, please use the links on such email, but please note that you cannot unsubscribe from emails regarding product safety and/or warranties, as they are necessary for us to perform our services and business operations involving safety of our products and our legitimate interests.
Message us if you wish to make a request or ask a question regarding your personal information as set forth in the bullet points below; we reserve to charge a reasonable fee for requests of lists of the Personal Data we have collected about you if such request is made more than once in any 365-day time period.
If you believe that any information that we have is incorrect
If you wish to obtain a copy of the personal information you have provided to us in a structured, commonly used and machine-readable form; we reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion
If you wish to ask us to remove information that we have collected from or about you.
If you are a California resident, you have the following rights, subject to certain exceptions as set forth in the CCPA:
Right to access personal information. You have the right to receive the specific pieces of your personal information we have collected about you in the 12 months preceding your request.
Right to data portability. You have the right to receive a copy of your electronic personal information in a readily-usable format.
Right to know. You have the right to receive information from us regarding the categories of personal information we collected, the sources from which we collect personal information, the purposes for which we collected and shared personal information, the categories of any personal information we sold as well as the categories of third parties to whom such personal information was sold, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your "right to know" request.
Right to request deletion. You have the right to request the deletion of the personal information that you provided to us. Please note that in certain instances we may not be able to process your request, such as (i) due to the existence of a legal obligation, (ii) to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities, or (iii) in order to complete a transaction for which your personal information was collected.
Right to non-discrimination. You have the right to be free from discrimination by us as a result of you exercising your rights under the CCPA.
If you are a resident of California, you may request that we provide you with the information that we have shared with third parties for electronic/online direct marketing purposes, if such sharing has occurred; such information can be provided to you once a year free of charge, and will cover information shared during the past twelve (12) months. Information will be provided within thirty (30) days of your request, or we will inform you that we need additional time to fulfill your request.
If you are a California resident and wish to make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing to us at via the INSERT URL HERE/ciaoform . Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this address.
Information shared for purposes other than direct marketing will not necessarily be included in our response to such request. We reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion. Please note that we cannot delete information in connection with orders of merchandise or gift certificates, and other paid services or goods, for at least seven years as we must retain it for accounting and legal purposes; we reserve the right to retain such Personal Data for accounting and business purposes.
Note that certain of the rights set forth above do not apply until at least January 1, 2022 for job applicants, employees, partners, and contractors, and when personal information is transmitted in business-to-business written or verbal communications or transactions relating to due diligence, or providing or receiving a product or service to or from another business, and the personal information concerns an employee, owner, director, officer or contractor of that business.
By use of this Website, you agree to indemnify and hold ZeeBoat (and its shareholders, members, officers, directors, agents, affiliates, subsidiaries, related entities, partners, joint venturers, licensees, contractors and employees) harmless from and against each and every claim or demand, as well as losses, expenses, damages and costs (including attorney fees and court costs), resulting from any violation by you of these TOU or any activity of yours related to your Account (including, but not limited to, criminal, negligent or wrongful conduct, copyright infringement, trademark infringement or misuse of our Digital Services).