These Terms of Use ("Terms") govern your access to and use of the website located at zumidian.com and any related pages or subdomains (collectively, the "Site"), which is operated by Zumidian Corporation ("Zumidian," "we," "us," or "our").
By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Site.
Scope. These Terms apply only to your use of the Site. They do not govern the provision of Zumidian's managed game-operations services or any other professional services (the "Services"). Any Services are provided solely under a separate written agreement (such as a master services agreement and statement of work) signed by Zumidian and the client. If there is any conflict between these Terms and a signed services agreement with respect to the Services, the signed agreement controls.
1. Who We Are and How to Contact Us
- Legal entity: Zumidian Corporation
- Mailing address: 7700 N Kendall Drive, Suite 406, Miami, Florida 33156
- General contact email: hello@zumidian.com
2. Eligibility
The Site is intended for businesses and the professionals who represent them. By using the Site, you represent that you are at least 18 years old and that, if you are using the Site on behalf of a company or other organization, you have the authority to bind that organization to these Terms. The Site is not directed to children.
3. License to Use the Site
Subject to your compliance with these Terms, Zumidian grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal business purposes and to evaluate our Services. This license does not include any right to resell, redistribute, or commercially exploit the Site or its content.
4. Intellectual Property
The Site and all of its content — including text, graphics, logos, images, layouts, designs, software, and other materials — are owned by Zumidian or its licensors and are protected by copyright, trademark, and other intellectual property laws. "Zumidian," our logos, and our product and service names are trademarks of Zumidian Corporation. Nothing in these Terms grants you any right to use any Zumidian trademark without our prior written consent.
Except as expressly permitted by these Terms, you may not copy, reproduce, modify, distribute, publish, display, create derivative works from, or otherwise use any part of the Site without our prior written permission.
5. Acceptable Use
You agree not to, and not to permit any third party to:
- Use the Site for any unlawful purpose or in violation of any applicable law or regulation;
- Access or attempt to access any portion of the Site or its systems that you are not authorized to access;
- Probe, scan, or test the vulnerability of the Site, or breach or circumvent any security or authentication measures;
- Use any automated means (such as bots, scrapers, or crawlers) to access, collect, or harvest data from the Site, except as permitted by our robots.txt or with our written consent;
- Introduce viruses, malware, or other harmful code, or otherwise interfere with or disrupt the integrity or performance of the Site;
- Reverse engineer, decompile, or disassemble any part of the Site, except to the extent such restriction is prohibited by law;
- Frame, mirror, or otherwise incorporate any part of the Site into another website or service without our written consent; or
- Use the Site to transmit unsolicited communications, infringe the rights of others, or post unlawful, defamatory, or harmful content.
We may investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including suspending or terminating access to the Site.
6. Your Submissions
If you submit information to us through the Site (for example, through a contact form or a request to schedule a Game Operations Review), you are responsible for the accuracy of that information and you confirm you have the right to provide it. You grant Zumidian a non-exclusive, worldwide, royalty-free license to use the information you submit for the purpose of responding to you, providing and improving the Site and the Services, and as otherwise described in our Privacy Policy.
Please do not submit any confidential or proprietary information through the Site that you do not wish to disclose to us, and do not submit sensitive personal information.
7. Third-Party Links and Content
The Site may contain links to third-party websites, services, or resources that we do not own or control. We provide these links for convenience only and do not endorse and are not responsible for the content, products, or practices of any third party. Your use of third-party websites and services is at your own risk and subject to their terms.
8. No Professional Advice; Informational Purposes
Content on the Site — including descriptions of our Services, cost comparisons, business-case materials, calculators, and similar information — is provided for general informational purposes only. It does not constitute professional, legal, financial, or other advice, and it does not constitute a binding offer or commitment by Zumidian. Any estimates, figures, or projected savings shown on the Site are illustrative and may not reflect your actual circumstances. You should not rely on Site content as a substitute for professional advice or for the specific terms of a signed services agreement.
9. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, ZUMIDIAN DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE ACCURATE OR RELIABLE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZUMIDIAN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ZUMIDIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ZUMIDIAN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
These limitations apply only to your use of the Site. Liability arising from the Services is addressed in the applicable signed services agreement.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless Zumidian and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your misuse of the Site, your violation of these Terms, or your violation of any applicable law or the rights of any third party.
12. Privacy
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and disclose information. By using the Site, you acknowledge that you have reviewed the Privacy Policy.
13. Changes to the Site and to These Terms
We may modify, suspend, or discontinue all or any part of the Site at any time without notice. We may also update these Terms from time to time. When we do, we will revise the "Last updated" date above. Material changes will take effect when posted, and your continued use of the Site after changes take effect constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.
14. Suspension and Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Sections that by their nature should survive termination — including Intellectual Property, Your Submissions, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law — will survive.
15. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. You agree that any legal action or proceeding arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction and venue of those courts.
16. General
- Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Zumidian regarding your use of the Site and supersede any prior agreements on that subject.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
- No agency. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and Zumidian.
17. Contact Us
If you have any questions about these Terms, please contact us:
Zumidian Corporation 7700 N Kendall Drive, Suite 406, Miami, Florida 33156 Email: hello@zumidian.com