Zappenin Terms of Service
We offer you the web sites, applications, services and content on Zappenin.com and its affiliated sites and services (“Zappenin”) on the condition that you agree to the following terms.
EACH TIME YOU ACCESS, USE OR REGISTER FOR Zappenin®, YOU ARE SIGNIFYING YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS (either the “Terms of Service” or “Agreement”).
You may not use Zappenin® if you do not agree to these Terms of Service.
Here is a Brief Summary of Our Terms
About These Terms
In this Agreement, (a) the term “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms of Service; (b) the term “Content” means any data, information, text, images, audio, video, profiles and all other forms of data and communications on Zappenin that is provided by us, our Contributors, affiliates and users; and (c) the term “Contributors” means our users, third party providers, licensors and businesses, Agencies (defined below), Clients (defined below) and proprietors that post Content, which include any profiles and listings, on Zappenin. These Terms of Service serve as a binding contract between you and us and govern your relationship with us.
Additional terms may apply to certain subscriptions, purchases, products and services, and content offered by Zappenin or a Contributor.
We will give you the opportunity to review any supplemental terms if you elect to use such products and services. You agree to abide by the supplemental terms.Google, Inc. provides the map features on Zappenin. When you access and use the map features, you agree to be bound by Google Maps Terms of Service located at http://www.google.com/help/terms_maps.html.
Changes to These Terms
We may make changes to the terms of this Agreement at any time. All modifications will be posted on Zappenin properties and such modifications take effect after we post them. You assume the responsibility to review this Agreement on a regular basis to keep yourself informed of any modifications. If you disagree with any material changes to this Agreement, you must discontinue your use of Zappenin. Your ongoing use of Zappenin after the changes take effect signifies your agreement to the new terms.
Changes to the Services
We may change, update or discontinue any offering, feature or Content on Zappenin at any time and without notice.
Registration and Eligibility
Registration is optional; however, you will need to register with us to use all of our features and services. We will open an individual member profile account when you register on Zappenin, which we will refer to as a “profile” in this Agreement. In order to register with Zappenin, you must meet the following qualifications:
If you are registering on behalf of a business or entity, you must have authority to act on behalf of such business or entity.
We are not responsible if we are unable to communicate with you because you have not kept your registration information up to date. By accessing and/or registering for the use of Zappenin, you represent and warrant that (a) you have the authority and legal capacity to enter into the Agreement and follow its obligations, (b) you have the authority to bind your principal or employer company if you are applying on behalf of a business, and (c) you are providing true, complete and current information.
Our Contributors, licensors and we own all rights in the Zappenin site, Content, aggregate user review ratings, data, text, designs, pages, print screens, the organization and structure of our data and Web sites, trademarks, logos, trade names, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on Zappenin. We (or as applicable, our licensors) own all intellectual property rights in our databases’ code, indexes, algorithms, organization and structure, and compilation of data. Except for the limited license we grant to you below, you obtain no other rights nothing in this Agreement grants you any other rights in Zappenin or its Content.
License and Authorized Uses
We grant you a non-exclusive, non-transferable, limited license to access and use Zappenin and the Content subject to the terms and limitations of this Agreement. All Content is licensed and not sold. Any use beyond this limited license is prohibited. You may create a profile only on your own behalf or on behalf of your business. Unless otherwise provided in any supplemental terms, you may download and temporarily store Content that you purchase to one computing device under your exclusive control. You may use such Content only (1) to display internally such Content for your internal business and research needs and (2) to quote and excerpt from such Content. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. Any other access and use of Zappenin is not authorized.
Unauthorized Access and Use of Zappenin
You may not directly, indirectly or through any intermediary:
You are responsible for all activities under your profile, including all legal liability incurred from the use of your profile by you or others. You may not give access to your profile, or disclose your password to others. You may not harvest Content for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your profile information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents’ and representatives’) changes, edits, modifications or additions to the information and/or data you receive through Zappenin. We are not responsible if your profile or account is compromised if any of your devices containing your profile (such as a mobile device) is lost or stolen. You are responsible for notifying us immediately if your profile has been compromised.
Use of Content, Forums, Comment Areas and Message Boards
Zappenin PROVIDES THE CONTENT “AS IS” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY ARE YOUR OWN RISK. We offer the Content for general information, general discussion, education, and entertainment purposes only. Do not construe that all of the Content is either endorsed or verified by our Contributors or us. Zappenin is not intended to provide personalized investment or other regulated professional advice. Nothing contained on Zappenin may be provided or should be construed as providing (a) a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments or (b) a recommendation to any specific individual or business that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. Our contributors and we are not liable to you or any third party for the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any Content posted or otherwise transmitted by any users. We do not endorse opinions expressed by any users. We reserve the right, but we shall have no obligation or responsibility to you or any third party, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content on Zappenin that violates this Agreement, as we determine in our sole discretion.
You acknowledge that we may, but we have no obligation to you or any third party, to investigate and take appropriate technical, legal and equitable action against anyone who, in our sole discretion, violates this Agreement, including but not limited to, terminating their user profile and/or reporting such Content, conduct, or activity to law enforcement authorities. We may access, preserve or disclose information you provide, including user Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend our and our Contributors legal rights or property, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of Zappenin or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with application laws or other legal process.
Important Terms About the Content You Post on Zappenin
Zappenin offers features where Contributors may post Content such as business listings, ratings and comments on forums and discussion boards.
Except for the Content licensed by our Contributors or us to you, we do not claim ownership of any Content posted by you or our other users.
However, by submitting Content to Zappenin:
You grant us, our affiliates, and distributors a perpetual, worldwide and royalty free right to use, copy, store, display, perform, distribute, redistribute, syndicate, transmit, adapt and promote your Content, and any information contained within such Content, in any medium including, without limitation, the use of your user name and alias associated with your Content;
You grant other users of Zappenin free permission to view and use your Content; and We own all rights in any compilation and collective works of Content as organized and presented on Zappenin and retained in our databases. If you participate in any feature on Zappenin that allows users to share, modify, or combine user Content with other Content, you grant us and our users an irrevocable, royalty free, fully paid up, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute and perform your Content on Zappenin. Any suggestions or ideas that you submit to us become our property and can be used by us for any purpose. We will not pay you for your submissions. We may refuse to publish, and may remove the Content from Zappenin at any time and for any reason. You represent and warrant to us that you have all rights necessary for you to grant the permissions in this section.
In addition to the restrictions specified above, you may not use Zappenin to submit Content or engage in any conduct that:
In order to help you comply with these Terms of Service, you agree to review the information made available to the public by the Security Exchange Commission regarding the prohibitions against insider trading at http://www.sec.gov/answers/insider.htm.
You acknowledge that posting Content that violate the terms of this Agreement, the rights of others, or any applicable law or regulation, may result in civil or criminal liability. You represent and warrant to us that your conduct on Zappenin will at all times comply with the terms of this Agreement.
You are solely responsible for backing up any Content that you store on any customizable area on Zappenin. We are not responsible for the loss of any data or Content you elect to store on Zappenin.
By submitting Content on Zappenin, (a) you represent and warrant that your Content is true, accurate, current, complete and that you own or have express permission to post the materials on Zappenin; (b) that you have the authority to post such Content and that such submission will not violate any trade secrets, confidential information, or violate any securities laws; (c) in the event your Content contains the name, image, video, audio or participation by individuals, performers or entities other than you, that you have obtained such parties consent to their appearance or use of their contribution in the Content that you upload; and (d) you agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any Content posted or published by you that are in breach of this section.
Zappenin may offer from time-time additional, optional services on the website for business owners and marketing organizations.
Fees and Payment – Optional Services and Content
You agree to pay the applicable fees and charges for purchases that you make from us. We may limit the number of promotions for which you may be eligible in a given period. Your payment and renewal terms at the time you make a purchase from Zappenin are disclosed in these Terms of Service or in the shopping cart; you can also review your payment terms from time to time by visiting the “My Account” area on Zappenin.
If you are obtaining an optional service from Zappenin, you must give us accurate billing and payment information and keep this information up-to-date. Every time you make a purchase or obtain a service from Zappenin, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your profile for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your profile made by you or anyone who uses your account associated with your profile. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on Zappenin.
You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.
You must provide at your own expense the equipment and Internet connections that you will need to access and use Zappenin. Those costs are in addition to any purchases you make from Zappenin. If you are accessing a Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location.
Mobile and Wireless Services
We may offer from time-to-time mobile applications and services. If you access Zappenin through mobile and/or wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. If you register for any services from Zappenin.com that are delivered by text messages or short messaging service, you authorize delivery of such messaging services to the wireless unit and number designated by you, you acknowledge that you are responsible for determining any standard text messaging fees that you may incur from your carrier while using the service, and you authorize us to deliver the messaging service to you until you elect to opt out of such messaging service.
You may withdraw this consent at any time by going to the location services setting on your device and turn off the global location service settings and/or the other location settings on your device.
Due to the type of the information and services being sold, we unfortunately cannot accept returns of articles, profiles, lists or reports once they have been delivered. We cannot and do not warrant that the information available through this service is accurate, complete or updated but rather is provided to the user ‘as is’.
Please be sure to read all available information about a report before you place your order.
Billing Problems and Disputes
You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.
Terms for Agencies, Agents and Representatives
If you establish a Zappenin account or profile on behalf of a company, organization, entity or brand as a representative or agent (such as a marketing or advertising agency, the “Agency”): (a) the terms “you” and “your”, as used throughout the Agreement apply to both Agency and Agency’s client (the “Client”), as applicable and (b) Agency agrees to abide by all the terms of this Agreement and the following supplemental terms.
You understand and agree that (a) Agency is acting as agent for a disclosed principal (i.e., the Client) and (b) Agency will act as agent for taking responsibility and making payment on all amounts due for purchases made from Zappenin. Agency shall provide a payment method for purchases as described in this Agreement. Client and Agency shall be jointly and severally liable for the payment of sums due hereunder, but we agree to look initially to Agency for the payment of sums due hereunder. Nothing in this Agreement relating to the payment of transacted amounts by Agency shall be construed so as to relieve Client for breach of its obligations under this Agreement.
Agency represents and warrants that Agency is the duly authorized agent of Client with full power to act on Client’s behalf with respect to this Agreement, and Agency has the power to enter into, deliver and perform, this Agreement on behalf of Client and Agency. The individual(s) executing this Agreement on Agency’s behalf is/are authorized to execute and deliver this Agreement. Agency agrees that this Agreement is the legal, valid and binding obligation of Agency and/or Client, and shall be enforceable against Agency and/or Client in accordance with its terms.
We may from time to time offer special promotions and promotional pricing for Agencies on behalf of their Clients. Such promotions will be subject to additional terms that supplement this Agreement that you agree is binding on Agency and Client (“Promotions”). We reserve the right to cancel Promotions early or to extend offers without notice.
Disclaimer of Warranties
We provide Zappenin “as is”, “with all faults” and “as available.” YOUR USE OF Zappenin IS AT YOUR OWN RISK. Our Contributors and we make no express warranties or guarantees about Zappenin and its Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT Zappenin AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING.
WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF Zappenin. WE DO NOT GUARANTEE THAT Zappenin WILL MEET YOUR REQUIREMENTS.
WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE Zappenin AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability
OUR PARENT, OUR CONTRIBUTORS, OUR DISTRIBUTORS AND WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF Zappenin. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR SUPPLIER’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE, AND YOU WILL REQUIRE THAT ANY THIRD PARTY WHO INDIRECTLY USES THE CONTENT PROVIDED BY YOU (“THIRD PARTY USER”) TO AGREE, THAT IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR THE RESULTS OF ANY THIRD PARTY USER’S USE OR RELIANCE UPON ZAPPENIN, FOR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.IN NO EVENT SHALL OUR OR OUR CONTRIBUTORS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE ZAPPENIN SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR ZAPPENIN SERVICE WITHIN AN IMMEDIATE TWELVE-MONTH PERIOD.
We may cancel or suspend your access to Zappenin at any time, without cause and/or without notice. Your right to use Zappenin will end once your service is terminated, and any data you have stored on Zappenin may be unavailable later. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of Zappenin. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Electronic Contracting and Notices
You agree to transact with us electronically. You agree that these Terms of Service have the same effect as an agreement signed in writing.
You also agree that we may send to you in electronic form any privacy or other notices, terms, disclosures, reports, documents, communications or other records regarding Zappenin (collectively, “Notices”) or anything related to your use of Zappenin. We can send you electronic Notices (1) to the e-mail address that you provided to us during registration; (2) via text message if you elected to receive any mobile alerts, (3) by posting the Notice on Zappenin’s web page, mobile pages or applications. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service.
You can review these terms at http://www.zappenin.com/terms-conditions/. Our terms and other Notices are designed for access on most current Internet Web browsers and on the mobile devices in which we offer mobile applications and services.
In order to transact with us electronically, you must have a device and an Internet browser capable of accessing and browsing the Internet. If you wish to print a copy of the Term of Services, your device must have an access to a printer that can print web pages from the print function of your Internet browsers. Also keep in mind that the “print” features on many devices and browsers will enable you to save a copy of the terms as a “note” or “PDF” file on your device.
This Agreement and any supplemental terms, policies, rules and guidelines posted on Zappenin constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Location for Resolving Disputes
You agree that the laws of the State of Ohio govern this contract and any claim or dispute that you may have against us, without regard to Ohio’s conflict of laws rules. You further agree that a court located in Franklin County, Ohio will resolve any disputes or claims that you may have against us.
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
Procedure for Making Claims of Copyright Infringement
We respect the intellectual property of others, and we ask our contributors and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
Our agent for notice of claims of copyright infringement on this site can be reached as follows:
c/o Zappenin Inc.
1075 Newark Granville Road
Granville, Ohio 43023
By email: email@example.com
Last Updated: January 14, 2016