1.1. Your use of the services provided by ZippieMobile including, without limitation, visiting and uploading Content (as defined below) to the zippiemobile.com.au (the “Site”) and receiving an App for use in mobile devices based on such uploaded Content (the “Content”) after it has been processed by ZippieMobile and distributed to certain mobile App sharing platforms (“Services”) or any products, software, App, data feeds and services provided to you on, from or through the Site is subject to the terms of a legal agreement between you and ZippieMobile.
1.3. The Terms Contently to all users of the Services, including users who are also contributors of Content (as defined below), information, and other materials or services to ZippieMobile or to the Site.
2.2. You must be 18 years or older to use the Site and the Services.
2.3. You are responsible for any activity that occurs under your user name.
2.4. You are responsible for keeping your password secure.
2.5. You may not use the Site or the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
2.6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links and anything else contained within your website (“Content”) that you submit and process using the Services.
2.7. You must not modify, adapt or hack the Services or the Site or modify another website, App or service so as to falsely imply that it is associated with the Site or the Services.
2.8. You must not transmit any worms or viruses or any code of a destructive nature.
2.9. You must not, in the use of the Site or the Services, including by the uploading or downloading of Content violate any laws in your jurisdiction (including but not limited to copyright laws).
2.10. You must not infringe any patent, trademark, trade secret, copyright, right of publicity, ownership, or any other right of any other person or entity.
2.11. You must not collect or harvest any personally identifiable information, including, without limitation, account names, e-mail addresses and other end-user information from the Site.
2.12. You must not post or upload any Content that is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive or profane.
2.13. You must not circumvent, disable or otherwise interfere with any security related features of the Services or of the Site.
2.14. You must not make any alterations to the Content, including but not limited,the removal or attempted removal of any media which has been added and incorporated into the Content by ZippieMobile through which ZippieMobile or certain third parties transmit information and display advertisements.Action such as that detailed in this section ?
2.15. shall constitute a material breach of the Terms.
Violation of any of these agreements may result in the termination of your account and the possible forfeiture of any products developed for you by ZippieMobile. ZippieMobile reserves the right to deny and block your access to the Services and to any products developed by ZippieMobile based on the User Submissions.
You agree that you are solely responsible (and that ZippieMobile has no responsibility towards you or towards any third party) for any breach of your obligations under the Terms and for the consequences (including any loss or damage which ZippieMobile may suffer) of any such breach.
2.16. Sites built by ZippieMobile are not portable and cannot be moved elsewhere.
3.1. ZippieMobile is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which ZippieMobile provides may change from time to time without prior notice to you.
3.2. As part of this continuing innovation, you acknowledge and agree that ZippieMobile may stop (permanently or temporarily) providing any services (or any features within any services) to you or to users generally, at ZippieMobile sole discretion, without prior notice to you.
3.3. You may stop using the Site or the Services at any time. You do not need to specifically inform ZippieMobile when you stop using the Site or the Services, your Content may be stored on the Site. If you would like your data to be erased please contact us at firstname.lastname@example.org
3.4. ZippieMobile reserves the right, in accordance with any applicable laws, to refuse providing service to anyone for any reason at any time.
3.5. ZippieMobile may, but has no obligation to, remove Content and block accounts or users containing or using, as Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
3.6. ZippieMobile reserves the right to reclaim usernames or other user related information, as applicable on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
3.7. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers” that accesses, logs in or calls the Site or the Services.
4.1. The content on the Site and which is used to provide the Service, except all User Submissions (as defined below), including without limitation, the content and the trademarks, service marks and logos contained therein, are owned by or licensed to ZippieMobile, subject to copyright and other intellectual property rights under United States, Canada and/or Israel and/or United Kingdom and foreign laws and international conventions.
4.2. Content on the Site and which is provided on or through the Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, unless such use is permitted specifically herein or by any agreement or license granted to you by ZippieMobile.
4.3. ZippieMobile reserves all rights not expressly granted in the Site. You agree to not engage in the use, copying, or distribution of any of the content therein other than expressly permitted herein.
4.4. You agree not to circumvent, disable or otherwise interfere with security related features of the Site, the Services or features that prevent or restrict use of copying of any content or enforce limitations on use of the Site or the Services.
4.5. We claim no intellectual property rights over the material you upload or provide through the Services. Your uploaded Content remains your own. The rights regarding the Content are as stipulated in this agreement between ZippieMobile and you.
4.6. ZippieMobile undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and, to the extent we are able to do so, remove content deemed to have been submitted in violation of any such laws.
5.2. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ZippieMobile any required license rights herein.
5.3. Please note that anyone may submit a notification that the Content is infringing upon the rights of a third party by notifying ZippieMobile in writing, at any time after submitting the Content. Upon the receipt of such notification, ZippieMobile shall immediately cease the use of all infringing Content and/or of the Content, and all copies,including electronic copies, of same, that you submitted to us will be destroyed immediately and ZippieMobile will desist from using such Content, no questions asked.
5.4. ZippieMobile reserves the right (though it shall not be obligated to) review, flag, screen, filter, modify, refuse or remove any and all Content from the User Submissions, prior to the creation of the Content.
5.5. You retain all of your ownership rights in your Content. However, by submitting Content to ZippieMobile, you hereby grant ZippieMobile a limited, non-exclusive,royalty-free, license to use, reproduce, prepare derivative works of, display, and perform the Content in connection with Services.
6.1. Your use of the Site shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by ZippieMobile in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use the Site.
6.2. The Site, certain Services, and/or the Content may include hyperlinks to other web sites, and the possibility to launch or otherwise initiate certain App, that may not be owned or controlled by ZippieMobile. ZippieMobile has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or video or other sessions.
6.3. The Content and Services are supported by advertising revenue and therefore the Content may display advertisements and promotions. These advertisements may be targeted to the content of information received from you and from anyone who uses the Content or other information.
6.4. The manner, mode and extent of advertising by ZippieMobile or certain third parties approved by ZippieMobile on the Content are subject to change without specific notice to you.
6.5. In consideration for ZippieMobile granting you the creation of, access to, and use of, the Content and the Services, you agree that ZippieMobile and certain third parties approved by ZippieMobile may place such advertising in the Content and the Site.
6.6. You acknowledge and agree that ZippieMobile is not responsible for the availability of any such external sites, sessions or resources, and does not endorse any advertising,products or other materials on or available from such web sites or resources, as may appear in the Content or the Site.
6.7. You acknowledge and agree that ZippieMobile is not liable for any loss or damage which may be incurred by you or any third party as a result of the availability of those external sites, sessions, App or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites, sessions or resources, as may Contentear in the Content or on the Site.
7.1. Service enables the creation of the Content which conforms to the technical requirements of certain identified mobile App sharing platforms (“Sharing Platforms”), in accordance with such technical requirements in effect at the time of creation of the Content.
7.2. ZippieMobile is under no obligation to update or revise any Content created by the use of the Service to conform to any revisions, updates future technical requirement of any Sharing Platform.
7.3. Under no circumstances will ZippieMobile assume any responsibility vis-à-vis any Sharing Platform for the content displayed using the Content. You shall be solely responsible for the conformity of any Content you submit to ZippieMobile and the consequences of submitting and publishing it using the Content, or any updates to such Content, with any policies, requirements, restrictions or other regulations of any Sharing Platform through which the Content is distributed.
ZIPPIEMOBILE PROVIDES THE SITE AND THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ZIPPIEMOBILE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, OR QUIET ENJOYMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT CONTENTLY TO YOU. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE, THE SERVICES AND THE CONTENT AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL ZIPPIEMOBILE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE, THE SERVICES OR THE CONTENT, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE OR THE CONTENT AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT ZIPPIEMOBILE HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE, CONTENT OR SERVICES SHALL BE TO TERMINATE USE OF THIS SITE, CONTENT AND THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT CONTENTLY TO YOU.
You agree to indemnify and hold harmless ZippieMobile and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of the Site, the Services, the Content, online conduct, breach of these Terms, or dealings or transactions with other persons resulting in any way from use of this Site.
11.1. The Terms constitute the whole legal agreement between you and ZippieMobile and govern your use of the Site and the Services and completely replace any prior agreements between you and ZippieMobile in relation to the Site or the Services. To the extent applicable, the Terms also govern the use of the Content, if they have not been amended in a specific agreement.
11.2. ZippieMobile and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise,sales representative, or employment relationship between ZippieMobile and you. Notwithstanding the aforesaid, certain limitations shall exist regarding the use of the Content.
11.3. You agree that if ZippieMobile does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ZippieMobile has the benefit of under any applicable law), this will not be taken to be a formal waiver of ZippieMobile ‘s rights and that those rights or remedies will still be available to ZippieMobile.
11.4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
11.5. No other person or company shall be a third party beneficiary of the Terms.
11.6. The Terms, and your relationship with ZippieMobile under the Terms, shall be governed exclusively by Australian law. Any claim or dispute between you and ZippieMobile that arises in whole or in part from the Services or from the Terms shall be decided exclusively by the authorized courts of the Province of British Columbia, Canada. Notwithstanding this, you agree that ZippieMobile shall still be allowed to Contently for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.