Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the websites and services (the “Services”) provided by ZangZing, Inc. (“Company”) or any of its affiliate websites or internet properties, and any information, text, photographs, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Content and Services are conditioned on your acceptance of and compliance with these Terms, which we may modify or update from time to time, and which will be effective upon posting on any of the Company websites. By accessing or using the Content or Services you agree to be bound by these Terms.
Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
The Services are not intended for and is not designed to attract children under 13 years of age. You may use the Services only if you can form a legal, binding contract with Company and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Company provides are always evolving and the form and nature of the Services that Company provides may change from time to time without prior notice to you. In addition, Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits or charge fees on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Company with the Services are subject to change. In consideration for Company granting you access to and use of the Services, you agree that Company and its third party providers and partners may place such advertising using the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Privacy
Any information that you provide to Company, including in connection with making any purchases through the Services, is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Company. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
User Accounts and Passwords
You agree: (i) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (“User Data”) and that you will not create a user account impersonating another individual, group, organization, association or business, (ii) to maintain and promptly update the User Data to keep it accurate and current and (iii) if you are under the age of 13, to have an adult at least 18 years of age or older create the account on your behalf and supervise your use of the Services. If you provide any information that is inaccurate or not current, or we have reasonable grounds to suspect that such information is inaccurate or not current, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your user account, user name or password. It is your sole responsibility to authorize, monitor and control access to and use of your user name, password and user account by third parties. We do not warrant or represent that your user account will be protected against, loss, misuse or alteration by third parties.
We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.
You may not engage in username squatting. Some of the factors that we take into account when determining what conduct is considered to be username squatting are the number of accounts created, creating accounts for the purpose of preventing others from using those account names, creating accounts for the purpose of selling those accounts or using feeds of third-party content to update and maintain accounts under the names of those third parties.
Accounts that are inactive for more than 3 months may also be removed without further notice.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
You must not post to the Service any Content that, as reasonably determined by Company, is or appears to be the following: unlawful, untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable. In addition, you may not upload, post, display or transmit any Content that (i) you do not have a right to make available under any law or are prohibited by a contractual relationship; (ii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iii) is harmful to minors in any way, including, but not limited to explicit sexual content or nudity that would be unacceptable in a public museum where minors visit; (iv) is advertising or promotional materials, junk mail, spam, chain letters or other forms of similar solicitation; (v) is posted in any manner that does, or intends to, encourage or induce the commission of any criminal offense; (vi) impersonate others through the Services in a manner that does or is intended to mislead, confuse, or deceive others; or (vii) publish or post other people’s private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers; or (viii) publish or post direct, specific threats of violence against others; or (ix) use our service for any unlawful purposes or for promotion of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
You understand and acknowledge that any Content contained in public postings, including any galleries that are not designated as unlisted, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others including, without limitation, appearing on other web sites and in search engine results. Therefore, you should be careful about the nature of the Content you post. We will not be responsible or liable for any third party access to or use of the Content you post in connection with your use of the Services. We provide options and settings with respect to security and your use and provision of Content, and you should read and understand them.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Your Rights
You retain all your rights and ownership to any and all Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license with the right to sublicense to use, copy, process, publish, display and distribute such Content in any and all media or distribution methods in order for us to provide the Services and only to provide the Services. You agree that this license includes the right for Company to make such Content available to other companies, organizations or individuals who provide services on behalf of Company to provide its Services(for example, Amazon.com provides storage and web hosting services) subject to our terms and conditions for such Content use.
Making Purchases
If you wish to purchase any products or services that we make available to you through the Service, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Service. We make reasonable efforts to accurately display the attributes of our products, but we cannot guarantee that your computer will accurately display these attributes. The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Third Party Service Providers
Product and service offerings made available for purchase by you on the Services may also be made and offered by one of our third party service providers. When purchasing any product or service offering through the Services that will be provided by a third party service provider, we will inform you of such at the time of purchase, and you acknowledge that you are contracting directly with the applicable third party service provider and not with us. Portions of the Services are intended to facilitate your transactions with third party service providers. Although we are interested in receiving feedback regarding our third party service providers and their products and services, and may from time to time assist you in your dealings with such third party service providers, we are not responsible in any manner for the performance or non-performance of any third party service provider.
Such additional uses by Company, or other companies, organizations or individuals who partner with Company, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by us or any of our third party partners as may be necessary in providing the Services, and if you do not have the right to submit Content for such use, it may subject you to liability. Company will not be responsible or liable for any use of your Content by Company in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Company as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Company, in the manner permitted by these Terms. You may only use the Services for your personal use, and you may not use the Services as part of any products or services that you provide to third parties for consideration (monetary or otherwise). The license does not give you the right to copy, modify or create any derivative works of any of the Services, and you may not decompile, reverse engineer or attempt to derive the source code of any software that is part of the Services.
Company Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Company and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Company name or any of the Company’ trademarks, logos, domain names and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Company or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to review, remove or refuse to distribute any Content on the Services and to terminate any user or reclaim usernames. We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Company, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Company’ computer systems, or the technical delivery systems of Company’ providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Company (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Company (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Company is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Termination
In addition to other rights we have to terminate your account or access to the Services, we may also terminate your account or access to the Services (i) in the event you are in breach or violation of any of the terms contained in the Terms or of any applicable law, rule or regulation; (ii) at your request; or (iii) if the Services experience any unexpected technical or security issues or problems. Further, you agree that all terminations for cause will be made in our sole discretion and that we will not be liable to you or any third party for any termination of your account or access to the Services.
Copyright Policy
Company respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Company will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
ZangZing, LLC
Attn: Copyright Office
39 Mesa Street, Suite 102-A
San Francisco, CA 94129
copyright@zangzing.com
The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, COMPANY AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Company will not be responsible or liable for any harm to your computer system, loss of data or other harm that results from your access to or use of the Services or any Content. You also agree that Company has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from Company or through the Services, will create any warranty not expressly made herein.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COMPANY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between Company and you regarding the Services (excluding any services for which you have a separate agreement with Company that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Company and you regarding the Services.
We may revise these Terms from time to time; the most current version will always be posted on the applicable Company website. If the revision, in our sole discretion, is material we will notify you via an update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by ZangZing, LLC, 39 Mesa Street, The Presidio, Suite 102-A, San Francisco, CA 94129 If you have any questions about these Terms, please contact us.
Effective: March 1st 2011
