Who we are

Our website address is: https://ezoosk.com.

Using eZOOSK

As a condition of your use of eZOOSK you agree that you will not:

• violate any laws;
• violate the Policies;
• post any threatening, abusive, defamatory, obscene or indecent material;
• post or otherwise communicate any false or misleading material or message of any kind;
• infringe any third-party right;
• distribute spam, chain letters, or promote pyramid schemes;
• distribute viruses or any other technologies that may harm eZOOSK or the interests or property of eZOOSK users;
• impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of eZOOSK;
• copy, modify, or distribute any other person’s content without their consent;
• use any robot spider, scraper or other automated means to access eZOOSK and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• copy, modify or distribute rights or content from eZOOSK or eZOOSK’s copyrights;
• harvest or otherwise collect information about users, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to eZOOSK;
• use any tool that interferes with the normal functioning of eZOOSK, including, without limitation, browser plug-ins (including, but not limited to), extensions, or other software which are designed to supplement, remove or otherwise change any of eZOOSK’s functionalities; or
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to eZOOSK and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of eZOOSK either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on eZOOSK, we may, at our discretion, inform other eZOOSK users that have been in contact with you and recommend that they exercise caution.

Abusing eZOOSK

eZOOSK and the eZOOSK community work together to keep eZOOSK working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off eZOOSK if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the eZOOSK employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off eZOOSK or not, we do not have any obligation to monitor the information transmitted or stored on eZOOSK and we do not accept any liability for unauthorised or unlawful content on eZOOSK or use of eZOOSK by users.

Fees and Services

Using eZOOSK is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in USD, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on eZOOSK. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the eZOOSK fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from eZOOSK in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund eZOOSK users for any fees paid through use of eZOOSK in the following cases:

• If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies;
• If your ads went live with exposure on the eZOOSK sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
• If your ads are placed in the Pets or Massage categories of eZOOSK;
• If your ads are placed into “edit” mode and will go live to site once updated by you;
• If you have removed your ads yourself;
• If you post duplicate ads as defined in our rules regarding duplicate ads;
• If we believe that your ads are in a significantly wrong category;
• Please note that the above list is not exhaustive. See the eZOOSK pages for more details on the cases in which you may, or may not, be entitled to a refund of such fees.

In addition to the eZOOSK services, ancillary goods or services such as insurance or car finance may be advertised on eZOOSK. Although users may offer financial products on their ads, eZOOSK is in no way involved or liable for any loss related to such transactions.

Content

eZOOSK contains content from us, you, and other users. eZOOSK is protected by copyright laws and international treaties. Content displayed on or via eZOOSK is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from eZOOSK without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in eZOOSK. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of eZOOSK (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels. In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the eZOOSK corporate group, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

eZOOSK may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your eZOOSK ad while your ad is on eZOOSK. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at eZOOSK’s sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. eZOOSK is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all eZOOSK policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on eZOOSK by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by eZOOSK.

Reporting an infringement:

In order to participate in the Notice of Infringement Programme, you only need to complete a form and email it to eZOOSK at ezoosk.com@gmail.com. You can use it complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable eZOOSK to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to eZOOSK via the e-mail address provided.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The “Notice of Infringement” is intended to enable rights owners to ensure that products offered by eZOOSK users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, visitors and advertisers can get help using eZOOSK.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on eZOOSK comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use eZOOSK, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 USD.

Release

If you have a dispute with one or more eZOOSK users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any Terms of Use but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent

Visitor comments may be checked through an automated spam detection service.

Data Protection and Privacy

By using eZOOSK, you agree to the collection, transfer, storage and use of your personal information by eZOOSK on servers located in the Netherlands, United States and China as further described in our Privacy.

You and eZOOSK shall process personal data received under and/or in connection with these Terms of Use each as a separate and independent controller. In no event will eZOOSK and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation. You shall process personal data received from eZOOSK exclusively for the purpose(s) you received the personal data under and/or in connection with these Terms of Use. You shall erase the personal data received under these Terms of Use immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.

As part of the services, eZOOSK has access to various information about users, including personal data. This includes information that users submit to eZOOSK as part of the services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the services (such as ratings, sales analysis or communication).

Via eZOOSK and its related websites, services, applications or tools, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your ads, which are partly related to the data of other users of the services (such as number of impressions of an ad, conversion rate or return rate).

eZOOSK only shares information about users with third parties if this is necessary for the provision of the services or if eZOOSK is legally or contractually entitled to do so.

Upon expiry of these Terms of Use, we will delete the information you provided, or which was generated through your use of the services from your eZOOSK account. Regardless, we maintain this information after the expiry of these Terms of Use if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the services (e.g. statistics about ads in a category) upon expiry of these Terms of Use.

For information regarding the processing of personal data by eZOOSK, including sharing such data with third parties and your rights as a data subject, please see our Privacy.

Resolution of disputes

If a dispute arises between you and eZOOSK, we strongly encourage you to first contact us directly to seek a resolution by going to the eZOOSK page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on eZOOSK constitute the entire agreement between eZOOSK and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against eZOOSK, must be resolved by the courts.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the eZOOSK website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

For any help with using eZOOSK please see the eZOOSK page.