Please Read These Terms and Conditions Carefully Before Using This Site
1 . Use of the Service
2. Use of Zingle Materials
By uploading, emailing, posting, publishing, transmitting or submitting any ideas, content or information (collectively (and excluding, for the avoidance of doubt, text messages sent using the Subscription Service, including on a free-trial basis, “Content”) on or through the Service, You automatically grant Zingle a perpetual, royalty-free, irrevocable, nonexclusive, worldwide right and license to use, reproduce, modify, adapt, publish, transmit, publicly perform, publicly display and distribute such Content on or in any form, medium, or technology now known or later developed, but solely for the purpose of providing you with the Service.
4. Third Party Website, Content, Products and Services
The Service may provide links to third party websites and access to content, products and services from third parties, including users, advertisers, affiliates, and sponsors of the Service. You agree that Zingle is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before You use them. You agree that Zingle is not responsible for third party content accessible through the Service, including opinions, advice, statements, and advertisements, and understand that You bear all risks associated with the use of such content. If You choose to purchase any products or services from a third party, Your relationship is directly with the third party. You agree that Zingle is not responsible for: (a) the quality of third party products or services; and/or (b) fulfilling any of the terms of Your agreements with the sellers, including delivery of products or services and warranty obligations related to purchased products or services. You further agree that Zingle is not responsible for any loss or damage of any sort You may incur from dealing with any third party.
6. Account Registration and Eligibility.
7. U.S. Government Restricted Rights
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, AND THE INFORMATION, DOCUMENTS AND MATERIALS ON THE SERVICE, ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, ZINGLE , ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, “ZINGLE PARTIES”) HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND WITH RESPECT TO THE INFORMATION, DOCUMENTS AND MATERIALS ON THE SERVICE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ZINGLE PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF. THE ZINGLE PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, ZINGLE PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ZINGLE PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZINGLE, OR ITS AFFILIATES, DISTRIBUTORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR COVER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF PERSONAL PROPERTY (INCLUDING DATA), OR ANY OTHER SIMILAR DAMAGES OR LOSS, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SERVICE, THE INFORMATION AND MATERIALS ON THE SERVICE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF ZINGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZINGLE’S MAXIMUM LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THE SERVICE WILL BE $50.
10. Indemnification And Release
11. Export Controls/Legal Compliance
None of the materials or technology available on the Service may be downloaded or otherwise exported or re-exported in violation of the laws and administrative regulations of the United States or any other applicable jurisdiction; or to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals.
12. Term; Termination of Use
14. Copyright Complaints
We respect the intellectual property of others, and we ask You to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others. Zingle’s intellectual property policy is to (i) remove or disable access to material that Zingle believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service, and (ii) remove any Content uploaded to the Service by “repeat infringers.” Zingle considers a “repeat infringer” to be any user that has uploaded Content to or through the Service and for whom Zingle has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such Content. Zingle has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Zingle’s own determination. If You believe that Your work or content has been copied in a way that constitutes copyright infringement, please contact us at email@example.com and provide the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed; (ii) identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works; (iii) identification of the specific 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 Zingle to locate the material; (iv) information reasonably sufficient to permit Zingle to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted; (v) a statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and; 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 owner of an exclusive right that is allegedly infringed. Our agent for notice of claims of copyright infringement on this Service can be reached using the contact information above.
15. Dispute Resolution
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). Zingle’s address for Notice is: 2270 Camino Vida Roble, Suite K, Carlsbad, CA 92011or firstname.lastname@example.org. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, You or Zingle may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by You or Zingle must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in Your favor with a monetary award that exceeds the last written settlement amount offered by Zingle prior to selection of an arbitrator, Zingle will pay You the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Zingle in settlement of the dispute prior to the arbitrator’s award; or (iii) $15,000.
f. No Class Actions. YOU AND ZINGLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Zingle agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g. Modifications to this Arbitration Provision. If Zingle makes any future change to this arbitration provision, other than a change to Zingle’s address for Notice, You may reject the change by sending us written notice within 30 days of the change to Zingle’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes You rejected, will continue to govern any disputes between You and Zingle.
h. Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Dispute Resolution Section is found to be unenforceable, then the entirety of this Dispute Resolution Section will be null.
16. International Users and Choice of Law
This Service is controlled, operated and administered by Zingle from its offices within the United States of America. Zingle makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If You access this Service from a location outside of the United States, You are responsible for compliance with all local laws.
Use of this Service or any information or materials made available by Zingle through this Service is governed by the laws of the State of California, United States, without reference to conflict of laws provisions or the United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto. For any dispute not subject to the Dispute Resolution Section above, You hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in San Diego County, California. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule. Any rights not expressly granted herein are reserved. To the fullest extent permitted by law, any cause of action You may have with respect to Your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
17. Trademark Information
Zingle and the Zingle logo are trademarks of Zingle Inc. Other trademarks and trade names may be used in this document to refer to either the entities claiming the marks and names or their products. Zingle disclaims any proprietary interest in the marks and names of others.
18. Contact Information
If You have any questions or concerns about these Terms or Use or the Service, please send us a thorough description by email to email@example.com, or write to us at: Zingle, 2270 Camino Vida Roble, Suite K, Carlsbad, CA 92011.
19. Entire Agreement