|Zing L.L.C / Zing Networks Inc.
Terms of Service
|By accessing, viewing, using or by downloading materials from this website, Zing 's database, or using other Zing services (collectively the "Services"), you agree to be bound by the following terms and conditions (the "Terms of Service"). You further acknowledge that these Terms of Service are binding between you and us, the owner of Zing , and set forth the rights and obligations regarding the use of the Services. We may revise these Terms of Service at any time by posting revised terms on this website. Unless we expressly state otherwise, such revised terms take immediate effect. Please note that it is your responsibility to check these Terms of Service before each use of the Services. If you do not agree to be bound by these Terms of Service, do not access or use the Services, and please exit our website.
YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
In order to use the Services, you may be required to register on our website and agree to provide truthful information when requested. You are responsible to maintain the confidentiality of your password and you are responsible for all uses of the Services via your registration materials and/or login information, whether authorized or unauthorized by you. You agree to notify us immediately of any improper or unauthorized use of your registration materials and/or login information. Failure to immediately notify us of any improper or unauthorized use of your registration materials and/or login information is considered a breach of these Terms of Service and, at our discretion, may preclude you from any future use of the Services.
PERSONAL USE ONLY
The Services are made available for your personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. For example, you may not take the results from a Zing search and reformat and display them, or mirror the Zing home page or results pages on your website. You may not disseminate our database information, or dissect or decompile our database of any files associated with the Services. If you want to make commercial use of the Services, you must enter into a separate agreement with us to do so in advance. Please contact us for more information. If you are interested in adding a Zing search box to your website or your company's website, we encourage you to do so, provided that any such search box links to our home page only.
CONTENT LINKED TO BY Zing
The websites displayed in the search results or linked to by Zing are in many cases developed and operated by individuals or entities over whom we exercise no control. The search results generated through Zing ’s categories are indexed by Zing ’s automated database programs and computers, and although we make every reasonable effort to screen websites, we cannot and do not screen each website before including them in their respective categories. A search using the Services may produce search results and links to websites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Zing search will not locate unintended or objectionable content and we assume no responsibility for the content of any website included in any search results or otherwise linked to by the Services. In the event you have a dispute with the owners of such websites, you release us, the owners of Zing (and our parent, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders) from claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.
RESPONSIBILITY FOR CONTENT
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided and accessible through our website, shall be the sole responsibility of the person providing the Content or the person whose user account is used to deliver Content to our website. You understand and agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission pertaining to such Content.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Without limiting this general obligation, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
By providing any Content to our website:
(a) You agree to grant us a worldwide, royalty-free, perpetual, non-exclusive right and license to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, and translate such Content, and to create derivative works and compilations, in whole or in part from such Content. Such license will apply with respect to any form, media or technology for the display of Content now known or later developed;
(b) You warrant and represent that you have all legal rights that may be necessary to grant us the license set forth in subsection (a);
(c) You acknowledge and agree that we shall have the right (but not the obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide to our website at any time and for any reason, with or without notice;
(d) You warrant and represent that you have all rights necessary to publish, post or otherwise use the information you request to be posted to the Zing website;
(e) You agree that we shall be free to use any ideas, concepts, know-how or techniques contained in your Content for any purpose whatsoever including, without limitation, publication on the website, or other Zing publications/broadcasts, and developing, manufacturing, and marketing products using such information, and we shall have no obligation to compensate you for such use in any manner;
(f) You agree that we exclusively reserve the right to and may, at any time and without notice and any liability to you, modify or discontinue this website and the Services or delete the Content you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information provided through or associated in any way with us or associated entities;
(g) You explicitly agree, in using the Services, that you shall not:
(i) provide any Content or engage in any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(ii) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(iii) collect or harvest any data about other users; or
(iv) provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent.
REQUESTS FOR REMOVAL OF LINKS OR CACHED MATERIALS
We may receive requests from people to remove links from its search categories. Although we reserve the right to address such requests individually, the general approach that we take reflects the following principles:
Zing ’s search categories consist of information that has been identified, indexed and compiled through a combination of automated processes with minimal or no advance review by human beings. Given the volume of information (web or otherwise) that may be added, deleted, and changed on a regular basis, we cannot and do not screen all information made available through Zing 's search categories. The information reflected in any Zing search category may be unavailable, if either (a) a business or website owner restricts access to their information or website, or (b) a business closes or their website is taken down from the web. Upon receipt of a request by the business/website owner experiencing (b) above, we would consider on a case-by-case basis requests to remove the link to that website from its search categories. However, if the operator of the business or website does not take steps to prevent it, the facilities used by us to create search categories are likely to find that website or business and index it again in a relatively short period of time.
Continued on next column...
THIRD PARTY OFFERINGS
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding goods and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties or for any loss or damage of any sort incurred as the result of the presence of such advertisements on the Zing website.
ACCESS AND INTERFERENCE
Much of the information on the Zing website is updated on a real time basis and is proprietary or is licensed to us by third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our website; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Content from the Zing website without our prior expressed written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Services; or (iv) bypass any measures we may use to prevent or restrict access to the Services.
You agree to indemnify, defend, and hold us, the owner of Zing (and our parent, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders) harmless, from financial liabilities associated with any and all claims or demands, including reasonable attorney's fees, that may be made by any third party, that arises from or relates to your use of this website or the Services, your provision of Content, or your violation of these Terms of Service.
You acknowledge and agree that our website, the Services, and the Content provided by us and our licensors is protected by proprietary rights throughout the world, including but not limited to copyrights, trademarks, trade secrets, service marks or patents (called "Intellectual Property Rights"). These Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later. All right, title and interest in and to our website, the Services, and such Content, including but not limited to all Intellectual Property Rights, belong solely and exclusively to the owners of Zing or its licensors.
Copyright law limits your right to reproduce, use, sell, transmit, publish, broadcast, or otherwise disseminate or distribute Content from this website to anyone, including but not limited to others in the same company or other organization, whether or not for a charge or other consideration, including but not limited to use in connection with the sale, retransmission, distribution, publication, broadcasting, circulation or other dissemination, for any purpose, whether commercial or otherwise, without the express prior written permission of the copyright owner or the owners of Zing . You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content or the Services, in whole or in part, without the express prior written permission of the copyright owner or the owners of Zing .
All product or company names, or other marks appearing on this website are the trademarks of their respective owners. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the express prior written permission of the trademark owners or the owners of Zing .
All controversies and claims arising out of or relating in any way to these Terms of Service, or any breach thereof, shall be settled solely by arbitration held in Wayne County, Michigan, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except we may seek injunctive relief from a state court located in Wayne County, Michigan, or federal court in the Eastern District of Michigan, to enforce provisions of these Terms of Service relating to confidential information or protection of its intellectual property rights. Judgment upon any arbitration award may be entered and enforced in any court having proper jurisdiction. No demand for arbitration hereunder may be filed by you as a claim or counterclaim if you have not given timely written notice of such claim to us or if more than one year has expired from the date of the cause of action accrued, as provided in these Terms of Service.
The arbitrator(s) shall be bound by the terms of these Terms of Service, shall not apply principles of equity or allow any claims not permitted by the Terms of Service, may only award or grant to the parties such remedies as a court of competent jurisdiction could award or grant within the locality where the arbitration takes place and which are authorized (and not excluded or otherwise limited under these Terms of Service), and may not award consequential or punitive damages. The arbitrator(s) may include the arbitration fees in an award.
DISCLAIMER OF WARRANTIES
We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Zing search results. We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from uploading, downloading or accessing any information or material on the Internet through the Services.
The Services, and all materials, information, products and services included in the Services are provided “as is,” with no warranties whatsoever. We, the owners of Zing , and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. We, the owners of Zing , and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of the Services. We, the owners of Zing , and its licensors disclaim any and all warranties pertaining to the completeness or accuracy of information or advice obtained through the Services.
LIMITATION OF LIABILITY
Under no circumstances shall we, the owners of Zing , or our licensors be liable to any user on account of the use or misuse of, or reliance on the Services. This limitation of liability prevents recovery of direct, indirect, incidental, consequential, special exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise. Such limitation of liability shall apply to claims based on the inability to use the Services, or from the interruption, suspension, or termination of the Services (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Services or received through any links provided in the Services, as well as by reason of any information or advice received through or advertised on the Services or received through any links provided in the Services. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to its conflict of laws provisions or your actual state or country of residence. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website is located. If, for any reason, an arbitrator or a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if such waiver is in writing and signed by one of our authorized representatives. Our waiver of any provision of these Terms of Service or of a breach by you of any provision of these Terms of Service shall not be deemed a waiver of future compliance with these Terms of Service and such provision, as well as all other provisions of these Terms of Service, shall remain in full force and effect.
Please report any violations of the Terms of Service to: firstname.lastname@example.org