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Terms of Service

 

1. Acceptance of Terms

You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Zinger, LLC ("Zinger") may publish on it’s website Zinger.com from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

2. Changes to These Terms and Conditions

Zinger may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of Zinger.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

 

3. Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Subject to your compliance with these Terms of Use, any applicable license agreement with Zinger and the law, you may access and use the Site. Zinger remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. Zinger may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Zinger’s sole discretion. Zinger provides the Site on an "as is" and "as available" basis.

All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the "Zinger Content"), as well as the selection and arrangement of the Zinger Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Zinger Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Zinger.

4. Trademarks

For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Zinger.  Nothing contained herein grants or shall be construed to grant you any rights to use any Zinger Trademark, unless expressly conferred by these Terms of Use. 

 

You agree that you will not use Zinger’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Zinger. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Zinger Trademarks or the Trademark rights claimed by Zinger. You agree that you will not use any ZingerTrademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data. You may not at any time, adopt or use, without Zinger's prior written consent any word or mark which is similar to or likely to be confused with Zinger's Trademarks.  

 

All other trademarks, product names, and company names or logos used or appearing on the Zinger website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Zinger unless expressly so stated.  You may not use a Zinger trademark, logo, Image or other proprietary graphic of Zinger to link to the Zinger website without the prior written consent of Zinger. You may not frame or hotlink to the Zinger website or any Image without the prior written consent of Zinger.

5. Limited License To Users

Unless otherwise stated, Zinger and/or its licensors own the intellectual property rights for all material on Zinger. All intellectual property rights are reserved. You may use our product subject to restrictions set in these terms and conditions. You may not republish material from Zinger. You may not sell, rent, or sub-license material from Zinger. You may not reproduce, duplicate, or copy material from Zinger. You may not redistribute content from Zinger.

 

You will comply with all terms and conditions of the applicable license Terms of Service for any goods, digital products or information you obtain through this Website, and you will not cause, induce, or permit others' non-compliance with the terms and conditions of any of license Terms of Services for the goods, digital products or information; and

 

Except for the limited license granted under the relevant license Terms of Service, nothing in these Terms of Service grants any right, title, or interest in or to (including any license under) any intellectual property rights in or relating to, the good, digital product or information, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the good, digital product or information are and will remain with Zinger or its licensors, as applicable.

6. Online Orders

6.1 All orders, purchases or transactions for the sales of goods, digital products, or information made using this Website are subject to the following additional terms and conditions of sale:

6.1.1 You may not order or obtain goods, digital products or information from this Website if you: (i) are prohibited from accessing or using this Website or any of this Website's contents, goods, digital products or information by applicable law or (ii) you are outside the geographic region where the goods, digital products or information are available for purchase;

6.1.2 You agree that your order is an offer to buy, under these Terms of Service, all goods, digital products, or information listed in your order. All orders must be accepted by us or we will not be obligated to sell such goods, digital products or information to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered; and

6.1.3 All prices, discounts, and promotions posted on this Website are subject to change without notice. The price and currency charged for a goods, digital products or information will be the price and currency advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price and currency charged will be clearly stated in the shopping cart before you confirm your purchase. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total pricing and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

6.2 Shipments & Delivery

 We will arrange for shipment of the goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

7. Payment and Fees

Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Zinger does not guarantee the availability of any payment method at any moment and may add, remove or suspend any payment method temporarily or permanently at Zinger's sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website and to promptly update account and payment information, including email address, payment method, and payment card expiration date, to complete your purchases and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in USD.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.

From time to time, Zinger may offer a limited free trial and/or promotional codes for a specified period, which may be subject to additional terms. We have sole discretion to determine your eligibility for trials and/or promotional codes. If you are required to provide payment information in connection with your trial, your first payment will be charged to your chosen payment method following the expiration of the trial, unless earlier terminated in accordance with these Terms of Service. You may not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.

8. Prices Policy

Zinger reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised Zinger subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond our control. In that event, You will have the right to cancel Your Order.

9. Refunds

Zinger Services and products are prepaid and no refund will be given for services rendered or products that have been delivered.

10. Links to Third Party Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. 

 

Zinger has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

11. Restriction and Termination of Use

Zinger may request it’s service provider to block, restrict, disable, suspend or terminate your access to all or part of the Zinger Site and/or Zinger Content at any time in Zinger’s  discretion, without prior notice or liability to you. Any conduct by you that, in Zinger’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

12. Your Feedback to Us 

You assign all rights, title and interest in any Feedback You and testimonials provide the Company. If for any reason such assignment is ineffective, You agree to grant Zinger a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

13. Disclaimers, Liability and Indemnification

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.

How We Limit Our Liability to You

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL ZINGER NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THESE TERMS OF SERVICE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Zinger,, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use of the Website including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in these Terms of Service or any use of any goods, digital products and information purchased from this Website.

Dispute Resolution

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying State of Wyoming law. (If multiple jurisdictions, under applicable laws).

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN 1 YEAR(S) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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