Zingku Terms of Use

Welcome to Zingku! By using the Zingku web site, a service of Zingku Inc., located at www.Zingku.com, you agree to be bound by the following "Terms of Use":

Description of Service

Zingku is an application from Zingku (the "Service"). You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the Zingku Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Zingku disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Zingku also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.  While the service is currently offered for free, Zingku reserves the right to charge for the service at its discretion.

General terms

• You represent that you are 13 years or older.
• You accept sole responsibility for all of your activities on the site, including your conduct on the site and any and all content you may submit, post or share via Zingku.
• You accept sole responsibility for keeping your password secure.
• You will not upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or hateful;
• You will not harass, threaten, abuse or harm other Zingku users in any way.
• You will not use the Zingku service for any unauthorized or illegal purpose.
• You will be responsible for ensuring that you do not violate any laws of your jurisdiction (this includes international users), including but not limited to copyright laws.
• You will not upload or transmit viruses, worms or any other destructive code.

Your submissions

• While Zingku is not responsible for and does not review the images, graphics, video, audio files, messages, text or other content or materials (collectively "Submissions") provided by Zingku users, Zingku reserves the right to delete Submissions that Zingku deems, in its sole discretion, unacceptable for any reason.
• Zingku does not claim any intellectual property rights over the Submissions you submit on Zingku, with the exception of a limited right, granted by you, consisting of a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. Your physical or electronic sharing of your Submissions with others constitutes permission for reprinting by the recipient. With respect to Submissions you submit or make available for inclusion on publicly accessible areas of the Zingku web site, constitutes the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on such publicly accessible areas of the Zingku web site and Service.
• You certify that your Submissions do not fall into any of the following categories:
• Threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
• Material that could infringe rights of privacy, publicity, copyrights or any other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable.
• Material that promotes bigotry, racism, hatred, or harm against any individual or group.
• Zingku makes no representation that it can protect its users from exposure to offensive material. Zingku will not be liable for the content of any user Submission and expressly disclaims all liability relating thereto.
• Zingku respects the intellectual property of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act. If you believe that your work has been copied in a way that infringes your copyrights, please email us at support@Zingku.com and provide all relevant details.
• Zingku may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Zingku Privacy Policy. Personal information collected by Zingku may be stored and processed in the United States or any other country in which Zingku Inc. or its agents maintain facilities. By using Zingku, you consent to any such transfer of information outside of your country.

Zingku Content

• All images, graphics, video, audio files, text, software and other materials provided by or accessed through Zingku web site are protected by copyright and other laws of the United States and foreign countries. You may not copy or distribute such content without the copyright owner's consent and license. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not violate the terms of such copyright owner's consent and license to you or remove any copyright or other proprietary rights notices contained in the materials.
• Zingku reserves all right, title and interest in and to the Zingku web site and Service is and will remain the exclusive property of Zingku and its licensors. This web site and Service are subject to the copyright, trademark and other laws of the United States and foreign countries. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Zingku Rights include rights to (i) the Service developed and provided by Zingku; and (ii) all software associated with the Service. The Zingku Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service.

Mobile Message Charges

• When you send or receive text messages or picture messages to/from Zingku your mobile service provider (e.g. Verizon, Cingular) CHARGES YOU A STANDARD RATE for the message on the basis of your existing text and multimedia messaging plans. Zingku messages are billed at standard text and multimedia messaging rates. They are no more or less expensive than any other text or multimedia messages exchanged with friends. Before using Zingku you should thoroughly understand the terms of your existing text and multimedia messaging plans. By agreeing to these terms of use you are agreeing to be fully responsible for any charges you incur from your mobile service provider in relation to your use of the Zingku service.

Links to Third Party Sites

• Zingku may link the Zingku web site to, or third parties may provide, links to third party web sites and materials. Zingku has no control over such sites and materials. You acknowledge and agree that Zingku is not responsible for the availability of such external sites or materials, and does not endorse and is not responsible or liable for any content, software, advertising, products or other materials on or available from such sites or materials. You further acknowledge and agree that Zingku shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such images, content, software, goods or services or other material available on or through such third party web sites and materials.

Indemnification

• You agree to indemnify, defend and hold Zingku, our officers, directors, employees, agents, licensors, suppliers and any third-party information service providers to the Zingku service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (i) any violation of these Terms of Service, or any activity related to access to or use of your account (including negligent and wrongful conduct) by you or any other person accessing the service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.

Disclaimer of Warranties

Zingku disclaims any and all responsibility or liability for the content, legality, reliability, or operability or availability of information or material displayed in the Zingku service. Zingku disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any photos, contents, information or other material. Zingku disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Zingku service.

THE ZINGKU SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE ZINGKU SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Zingku 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. ZINGKU AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ZINGKU SERVICE. ZINGKU AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE ZINGKU SERVICE. ZINGKU AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ZINGKU SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE ZINGKU SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE ZINGKU SERVICE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE ZINGKU SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ZINGKU OR ITS LICENSORS BE LIABLE TO ANY USER DUE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ZINGKU OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ZINGKU SERVICE, FROM INABILITY TO USE THE ZINGKU SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE ZINGKU SERVICE (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 ZINGKU SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE ZINGKU SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE ZINGKU SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE ZINGKU SERVICE. 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 FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE ZINGKU SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE ZINGKU SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Zingku or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Termination and/or Modification of Service

• Violation of the Terms of Service will result in the termination of your Zingku account.
• Zingku reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time. You acknowledge that Zingku may from time to time upon prior written notice to you change the services offered, including, without limitation, establish general practices and limits concerning use of the Service the maximum number of days or maximum amount of Submissions will be retained by the Service, the amount and frequency that Submissions may be sent from or received by an account on the Service, the maximum size of any Submissions that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Zingku's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, and charge for services that Zingku may have previously offered without charge. You agree that Zingku has no responsibility or liability for the deletion or failure to store any Submissions and other content or materials maintained or transmitted by the Service. You further acknowledge that Zingku reserves the right to modify these general practices and limits from time to time.

Other Terms

• Zingku reserves the right to update, alter or modify these "Terms of Service" at any time. Although you may be notified via email of any material change (as determined by Zingku) in the terms of service, you should visit this page periodically to review the terms.
• These Terms of Service constitute the entire agreement between you and Zingku and governs your use of the Zingku service, superseding any prior agreements between you and Zingku with respect to the Zingku service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Zingku services, affiliate services, third-party content or third-party software.
• These Terms of Service and the relationship between you and Zingku shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Zingku agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Middlesex, Massachusetts.
• If for any reason 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.