Acceptance of Terms of Use
Update: January 16, 2023
Thank you for choosing Zinger Media Limited (“Zinger” “we” or “us”).
We provide services on the Internet through mobile Bible software
applications for iOS and Android (“Mobile Apps”). The following terms
and conditions (together with any other documents referred to in them)
(“Terms of Use”) apply to your use of the Mobile Apps, including any
related product, mobile software application, service, content or
functionality offered on or through the Mobile Apps (individually “Zinger
Service” and collectively, “Zinger Services”).
Please read these Terms of Use carefully before you start to use any Zinger
Service. By using or accessing any Zinger Service, you accept and agree to
abide by these Terms of Use and our Privacy Policy found and
incorporated herein by this reference. You agree that Zinger will process
your personal data in accordance with the Privacy Policy. If you do not
want to agree to these Terms of Use or the Privacy Policy, you must cease
using all Zinger Services. Violation of the Terms of Use should be reported
via email to hiidev.zinger@gmail.com.
We may revise and update these Terms of Use and/or Privacy Policy from
time to time in our sole discretion and such revisions and updates will be
effective immediately upon being posted on the Zinger Services. We will
use good faith efforts to notify you of any revisions and updates to these
Terms of Use. Your continued use of any Zinger Service following the
posting of revised Terms of Use means that you accept and agree to the
changes.
Description of Services
Zinger offers a variety of products and services. We develop mobile Bible
software for users to read, study and share the Bible - products. Features
available to some or all Zinger Service users may be different than features
offered to other Zinger Service users, for example, although our Website
provides users a web experience similar to services, features, and content
similar to our Mobile Apps, in some cases, our Website will have services,
features and content not available on our Mobile Apps. All of our products
and services are covered by our Privacy Policy, which describes how we
collect, use and disclose your information. By using any of Zinger Services,
you are accepting and agreeing to the Terms of Use and Privacy Policy.
Registration and Account Security
You are not required to register or create an account in order to use the
Website or Mobile Apps. If you do not register or create an account, certain
features and functionality will not be available to you when using Zinger
Services.
By using Zinger Services, you are agreeing to make the following
commitments relating to registration and security:
ď‚· You agree to provide information about yourself that is true,
accurate, current and complete when registering for Zinger Services.
You will not provide any false information or create an additional
account for anyone other than yourself without permission.
ď‚· Access to Zinger Services is permitted on a temporary basis, and we
reserve the right to withdraw, suspend or amend any service we
provide on Zinger Services in our sole discretion without notice. We
will not be liable if for any reason all or any part of Zinger Services
is unavailable at any time or for any period. From time to time, we
may restrict, suspend or terminate access to some parts of Zinger
Services or all of Zinger Services, to users, including registered
users. Upon any such restriction, suspension or termination, your
right to use the Zinger Services will immediately be restricted,
suspended or terminated. You agree that we shall not be liable to you
or any third party for any restriction, suspension or termination of
your access to the Zinger Services. Upon termination, all provisions
of these Terms of Use which are by their nature intended to survive
termination, all representations and warranties, all limitations of
liability, and all indemnities shall survive such termination.
ď‚· You are responsible for making all arrangements necessary for you
to access and to use Zinger Services, including any necessary fees
for internet access and the provision of your own computing
devices.
ď‚· You will keep your information up-to-date and accurate.
ď‚· You will not share your password that may compromise the security
of your account. You are responsible for maintaining the
confidentiality and safety of your username and password.
ď‚· You are responsible for all activities associated with your username
and password.
ď‚· You will not transfer your account to anyone.
ď‚· You must immediately notify Zinger of any unauthorized use of
your account.
ď‚· We have the right to disable any user identification code or password,
whether chosen by you or provided by us, at any time, for any reason,
including, if in our opinion, you have failed to comply with any
provision of the Terms of Use.
FOR PARENTS OF CHILDREN UNDER 13 WHO ALLOW THEIR
CHILDREN TO USE Zinger SERVICES, IT IS YOUR
RESPONSIBILITY TO DETERMINE IF ZINGER SERVICES ARE
APPROPRIATE FOR YOUR CHILD. IF YOU ARE UNDER THE
AGE OF 13, THEN YOU ARE NOT PERMITTED TO REGISTER
AS A USER OR OTHERWISE SUBMIT PERSONAL
INFORMATION TO US. THE Zinger SERVICES ARE NOT
DIRECTED TO CHILDREN UNDER THE AGE OF 13.
Purchases of Products and Services
You may be required to provide personal information such as credit card
information and billing information to an independent third party
(“Processor”) that we choose in order to facilitate transactions on the
Zinger Service. We may have multiple Processors for various services and
products. The Processor is responsible for collecting, transmitting and
processing your financial information. In some instances, we may choose a
Processor to not only collect your financial information and process your
order, but also to fulfill your order. All payment obligations will be
governed by the terms of use and privacy policies of the Processor. You are
responsible for any data breach of your personal financial information or
any problems related to the processing of your transaction. We make no
warranties and accept no liability for any loss or damages in connection
with the Processor(s). Zinger does not request or store any credit card or
debit card information nor any billing information.
Refund Policy
Thank you for using Zinger Bible. If you are not satisfied with the purchase
you made from the Website or made a purchasing error on the Website,
you may request a refund within 10 days of the purchase. It is important to
note that we are not responsible for purchases made via the Mobile Apps
from the Apple App Store, Google Play, Amazon or any other similar app
store. We will not be able to provide refunds on purchases made on those
app stores and will be subject to its specific terms of use and refund policy.
In order to receive your refund for a purchase from the Website, please
send the following information to hiidev.zinger@gmail.com. It is your
responsibility to promptly notify your bank of any changes to your billing
information or the loss, theft, or unauthorized use of your credit card or
debit card number.
ď‚· Name
ď‚· Zinger Bible sync account email (used to purchase product)
ď‚· Date of purchase
ď‚· Product title
ď‚· Reason for refund
ď‚· Copy of receipt
Privacy
Your privacy is very important to us. We collect and use information about
you in accordance with our Privacy Policy. By using Zinger Services, you
consent to such collection and you represent and warrant that all data
provided by you is accurate. We encourage you to read our Privacy Policy.
Intellectual Property Rights
The entire contents of Zinger Services (including all information, software,
text, displays, images, video and audio and any derivatives thereof) and the
design, selection and arrangement thereof, are owned by Zinger or its
licensors and are protected by Hong Kong and international laws regarding
copyrights, trademarks, trade secrets and other intellectual property or
proprietary rights.
No right, title or interest in or to Zinger Services or any related content are
transferred to you, and all rights not expressly granted are reserved by the
Company. Any use of the Zinger Services not expressly permitted by these
Terms of Use is a breach of these Terms of Use and may violate copyright,
trademark and other laws.
You will not modify, create derivative works, attempt to decompile, or
otherwise extract source code from the Zinger Services.
You are permitted to use the Zinger Services for personal, non-commercial
use only. You must not copy, modify, create derivative works of, publicly
display or perform, republish, download or store, or transmit any of the
material on our Website or Mobile Apps without the prior written consent
of the Company, except to:
ď‚· Store copies of such materials temporarily in RAM.
ď‚· Store files that are automatically cached by your Web browser for
display enhancement purposes.
ď‚· Print a reasonable number of pages of the Website for a permitted
use under applicable law.
You must not:
ď‚· Modify the paper or digital copies of any materials from the Website
or Mobile Apps.
ď‚· Use any illustrations, photographs, video or audio sequences or any
graphics separately from the accompanying text in the Bible version
or materials provided to you via the Zinger Services.
ď‚· Delete or alter any copyright, trademark and other proprietary
notices appearing on such materials.
ď‚· Except as expressly permitted in these Terms of Use, you must not
reproduce, sell or exploit for any commercial purposes any part of
the Zinger Services, access the Zinger Services or use of the Zinger
Services (or any materials available in any of the foregoing) without
obtaining a license to do so from the Company or its applicable
licensor. If you wish to make any use of material on the Website or
Mobile Apps other than that set out above, please address your
request to: hiidev.zinger@gmail.com.
ď‚· If you print, copy, modify, download or otherwise use any part of
Zinger Services in breach of the Terms of Use, your right to use
Zinger Services will cease immediately and you must, at our option,
return or destroy any copies of the materials you have made.
Prohibited Uses
You may use Zinger Services only for lawful purposes and in accordance
with these Terms of Use. You agree not to use Zinger Services:
ď‚· In any way that violates any applicable federal, state, local and
international law or regulation (including, without limitation, any
laws regarding the export of data or software to and from Hong
Kong or other countries).
ď‚· For the purpose of exploiting, harming or attempting to exploit or
harm minors in any way by exposing them to inappropriate content,
asking for personally identifiable information or otherwise.
ď‚· To send, knowingly receive, upload, download, use or reuse any
material which does not comply with the Content Standards set forth
below out in these Terms of Use.
ď‚· To transmit, or procure the sending of, any advertising or
promotional material, including any "junk mail", "chain letter" or
"spam" or any other similar solicitation.
ď‚· To impersonate or attempt to impersonate Zinger or a Zinger
employee, another user, or person or entity (including, without
limitation, the use of e-mail addresses associated with any of the
foregoing).
ď‚· To engage in any other conduct that restricts or inhibits anyone's use
or enjoyment of Zinger Services, or which, as determined by us,
may harm the Company or users of Zinger Services or expose them
to liability.
Additionally, you agree not to:
ď‚· Use any Zinger Service in any manner that could disable,
overburden, damage, or impair Zinger Service or interfere with any
other party's use of any Zinger Service, including their ability to
engage in real time activities through such Zinger Service.
ď‚· Use any robot, spider or other automatic device, process or means to
access any Zinger Service.
ď‚· Use any manual process to monitor or copy any of the material on
any Zinger Service or for any other unauthorized purpose without
our prior written consent.
ď‚· Use any device, software or routine that interferes with the proper
working of a Zinger Service or introduce any viruses, trojan horses,
worms, logic bombs or other material which is malicious or
technologically harmful.
ď‚· Attempt to gain unauthorized access to, interfere with, damage or
disrupt any parts of any Zinger Service, the servers on which any
Zinger Service is stored or hosted, or any server, computer or
database connected to any Zinger Service.
ď‚· Attack any Zinger Service using a denial-of-service attack or a
distributed denial-of-service attack.
ď‚· Otherwise attempt to interfere with the proper working of any
Zinger Service.
User Contributions
Zinger Services may allow you to post, submit, publish, display or transmit
to other users and the public content or materials (collectively, “User
Contributions”) on or through Zinger Services. All User Contributions
must comply with the Content Standards set out below in these Terms of
Use.
ď‚· Any User Contribution you post to the site will be considered
non-confidential and non-proprietary, and we have the irrevocable,
royalty-free, perpetual right and license to use, copy, distribute,
exploit and disclose to third parties any such material for any
purpose. You further irrevocably waive any “moral rights” or other
rights with respect to attribution of authorship or integrity of
materials regarding User Contributions that you may have under any
applicable law under any legal theory. To the extent not waivable,
you irrevocably agree not to exercise such rights (if any) in a manner
that interferes with any exercise of the granted rights.
ď‚· You represent and warrant that you own or control all rights in and to
the User Contributions and have the right to grant Zinger and its
affiliates the license granted above.
ď‚· You represent and warrant that all of your User Contributions do and
will comply with these Terms of Use, and you agree to defend,
indemnify and hold harmless Zinger and its affiliates and licensors
for any breach of that representation and warranty.
ď‚· You understand and acknowledge that you are responsible for any
User Contributions you submit or contribute, and you, not Zinger,
have full responsibility for such content, including its legality,
reliability, accuracy and appropriateness.
Any content and/or opinions uploaded, expressed or submitted to Zinger
Services, and all articles and responses to questions and other content,
other than the content provided by Zinger, are solely the opinions and the
responsibility of the person or entity submitting them and do not
necessarily reflect the opinion of Zinger. We are not responsible or liable
to any third party for the content or accuracy of any materials posted by
you or any other user of Zinger Services. We cannot reasonably guarantee
that all content published by users will be accurate and suitable. By using
Zinger Services, you understand and agree that you may be exposed to
content that is abusive, inflammatory, hateful, objectionable, offensive,
questionable and indecent.
Monitoring and Enforcement: Termination
We may or may not monitor, review, or edit User Contribution. However,
we have the right to the following:
ď‚· Remove or refuse to post any User Contributions for any reason in
our sole discretion.
ď‚· Take any action with respect to any User Contribution that we deem
necessary or appropriate in our sole discretion if we believe that
such User Contribution violates the Terms of Use, including the
Content Standards, infringes any intellectual property right,
threatens the personal safety of users of the Website and the public
or could create liability for Zinger or its affiliates.
ď‚· Disclose your identity to any third party who claims that material
posted by you violates their rights, including their intellectual
property rights or their right to privacy.
ď‚· Take appropriate legal action, including without limitation, referral
to law enforcement, for any illegal or unauthorized use of any
Zinger Service.
ď‚· Terminate your access to all or part of any Zinger Service for any or
no reason, including without limitation, any violation of these Terms
of Use.
Without limiting the foregoing, we have the right to fully cooperate with
any law enforcement authorities or court order requesting or directing us to
disclose the identity of anyone posting any materials on or through a
Zinger Service. YOU WAIVE AND HOLD HARMLESS ZINGER
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY
Zinger DURING OR AS A RESULT OF ITS INVESTIGATIONS AND
FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER ZINGER OR LAW ENFORCEMENT
AUTHORITIES. However, we can neither review all material before it is
posted on a Zinger Service nor ensure prompt removal of objectionable
material after it has been posted. Accordingly, we assume no liability for
any action or inaction regarding transmissions, communications or content
provided by any user or third parties. We have no liability or responsibility
to anyone for performance or nonperformance of the activities described in
this paragraph.
In your communications with us, please keep in mind that we do not seek
any unsolicited ideas or materials for products or services, or even
suggested improvements to products or services, including, without
limitation, ideas, concepts, inventions, or designs for websites, or
otherwise (collectively, “Unsolicited Ideas and Materials”). Any
Unsolicited Ideas and Materials you submit are deemed User
Contributions and licensed to us as set forth above.
You are solely responsible for your interaction with other users of Zinger
Services, whether online or offline. We reserve the right, but have no
obligation, to monitor or become involved in disputes between you and
other users.
Content Standards
These content standards apply to any and all User Contributions. User
Contributions must in their entirety comply with all applicable federal,
state, local and international laws and regulations. Without limiting the
foregoing, User Contributions must not:
ď‚· Contain any material which is defamatory, obscene, indecent,
abusive, offensive, harassing, violent, hateful, inflammatory or
otherwise objectionable.
ď‚· Promote sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality, disability,
sexual orientation or age.
ď‚· Infringe any patent, trademark, trade secret, copyright or other
intellectual property rights of any other person.
ď‚· Violate the legal rights (including the rights of publicity and privacy)
of others or contain any material that could give rise to any civil or
criminal liability under applicable laws or regulations or that
otherwise may be in conflict with these Terms of Use and our
Privacy Policy.
ď‚· Be likely to deceive any person.
ď‚· Promote any illegal activity, or advocate, promote or assist any
unlawful act.
ď‚· Cause annoyance, inconvenience or needless anxiety or be likely to
upset, embarrass, alarm or annoy any other person.
ď‚· Be used to impersonate any person, or to misrepresent your identity
or affiliation with any person or organization.
ď‚· Involve commercial activities and/or sales without our prior written
consent, such as contests, sweepstakes and other sales promotions,
barter, advertising or pyramid schemes.
ď‚· Give the impression that they emanate from us, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please
see below for instructions on sending a notice of copyright infringement to
Zinger at hiidev.zinger@gmail.com. You must provide the following
information in writing:
ď‚· A written description of the copyrighted work that you claim has
been infringed;
ď‚· A written description of the location of the copyrighted work that is
claimed to be infringed;
ď‚· A written statement that you have a good faith belief that the use is
not authorized by the owner of the copyright;
ď‚· Contact information including address, telephone number and email
address;
ď‚· A written statement that your claim is true to the best of your
knowledge;
ď‚· An electronic or physical signature.
Links from the Zinger Services
If Zinger Services contains links to other sites and resources provided by
third parties, these links are provided for your convenience only. This
includes links from advertisers, including banner advertisements and other
advertising media. We have no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or damage
that may arise from your use of them. If you decide to access any of the
third party websites or services linked to Zinger Services, you do so
entirely at your own risk and subject to the terms and conditions of use for
such websites or services.
Devices and Connectivity
You are responsible for obtaining and maintaining all devices and other
equipment and software, and all internet service providers, mobile services,
and other services needed for your access to and use of the Zinger Services
and you will be responsible for all charges related to them. You further
agree to look solely to the entity that manufactured and/or sold you the
device for any issues related to the device and its compatibility with the
Zinger Services.
By using Zinger Services, you agree that Zinger may change, alter, or
modify the settings or configurations on your device in order to allow for
or optimize your use of the Zinger Services. For instance, a Zinger Service
may access and read accounts, data and/or content on your device, add
metadata to your device, and change settings of your device, for reasons
such as showing you the location of things near you; saving images, sound
files and writing usage logs to the device; sending Facebook and Twitter
messages you initiate; sending and receiving data needed for Zinger
Service operations; and to provide you notice when you are not connected
to a network, but in each case subject to the Privacy Policy. You consent to
these activities by installing or otherwise using a Zinger Service and by
agreeing to these Terms of Use and the Privacy Policy. Your device
settings may enable you to disable, change or limit some of these activities,
and you can disable all of them associated with a Zinger Service by
uninstalling a Zinger Service.
When using the Zinger Services, you agree to comply with any and all
third-party terms that are applicable to any platform, website, technology
or service that interacts with Zinger Service.
Geographic Restrictions
We are based in Hong Kong. We make no claims that Zinger Services or
any of its content is accessible or appropriate outside of Hong Kong.
Access to Zinger Services may not be legal by certain persons or in certain
countries. If you access Zinger Services from outside Hong Kong, you do
so on your own initiative and are responsible for compliance with local
laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that any of
the Zinger Services (or content therein) will be free of viruses, safe, secure,
error-free or that any Zinger Service will always function without
disruption, delays or imperfections. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and
output, and for maintaining a means external to Zinger Services, if
applicable, for any reconstruction of any lost data. WE WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A
DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR
OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY
INFECT YOUR COMPUTER EQUIPMENT, COMPUTER
PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE
TO YOUR USE OF ANY ZINGER SERVICE (OR ITEMS OBTAINED
THROUGH ANY SUCH ZINGER SERVICE OR TO YOUR USE OF
ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR
SERVICES LINKED TO IT).
YOUR USE OF ZINGER SERVICES, ITS CONTENT AND ANY
SERVICES OR SOFTWARE OBTAINED THROUGH A ZINGER
SERVICE OR APP STORES IS AT YOUR OWN RISK. ZINGER
SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH Zinger SERVICES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER Zinger NOR ANY PERSON ASSOCIATED WITH ZINGER
MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT
TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY OR AVAILABILITY OF ZINGER SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER Zinger NOR
ANYONE ASSOCIATED WITH Zinger REPRESENTS OR
WARRANTS THAT ZINGER SERVICES, ITS CONTENT OR ANY
SERVICES OR ITEMS OBTAINED THROUGH ZINGER SERVICES
WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT
ANY ZINGER SERVICE OR THE SERVER INFRASTRUCTURE
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT ANY ZINGER SERVICE OR
ITEMS OBTAINED THROUGH ANY SUCH ZINGER SERVICE WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ZINGER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT
ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ZINGER,
ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, Zinger SERVICES, WHICH INCLUDES
WITHOUT LIMITATION, THE WEBSITE, MOBILE APPS AND (A)
ANY WEBSITE OR SERVICES LINKED TO THERETO, (B) ANY
CONTENT ON ZINGER SERVICES OR ON SUCH OTHER
WEBSITES OR ANY OTHER SERVICE LINKED THERETO, (C)
ITEMS OBTAINED THROUGH SUCH ZINGER SERVICES AND (D)
ANY SERVICE OR FUNCTIONALITY RELATED TO ZINGER
SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN
AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE,
LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE EXCEED $100.00 (US DOLLARS).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.
WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE
LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS,
DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF
ZINGER SERVICES, THEN THE LOSSES, DAMAGES, AND
INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT
TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER
EQUITABLE RELIEF OF ANY KIND. IN CONNECTION WITH
YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND
THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT
OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT
THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE,
APPLICATION, CONTENT, USER-GENERATED CONTENT,
PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED,
LICENSED, USED OR CONTROLLED BY Zinger (INCLUDING
YOUR USER CONTRIBUTION) OR A LICENSOR OF ZINGER.
Indemnification
You agree to defend, indemnify and hold harmless Zinger, its affiliates and
licensors and their respective officers, directors, employees, contractors,
agents, licensors and suppliers from and against any claims, liabilities,
damages, judgements, awards, losses, costs, expenses and fees (including
reasonable attorney’s fees) resulting from your violation of these Terms of
Use or use of the Website, including, without limitation, any use of the
content, services and products related to Zinger Services other than as
expressly authorized in the Terms of Use or your use of any information
obtained from any of the Zinger Services.
Governing Law and Jurisdiction
Subject to the arbitration provision below, any legal suit, action or
proceeding arising out of, or related to, these Terms of Use or Zinger
Services shall be instituted exclusively in thecourts of Hong Kong. You
hereby agree to the exclusive jurisdiction and venue of such courts and
irrevocably waive any argument based on inconvenient forum.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING
OUT OF OR RELATING TO THESE TERMS OF USE OR PRIVACY
POLICY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE
OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of the Terms of Use by the Company shall be deemed a further
or continuing waiver of such term or condition or any other term or
condition, and any failure of the Company to assert a right or provision
under these Terms of Use shall not constitute a waiver of such right or
provision.
If any provision of these Terms of Use is held by a court of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of the Terms of Use will continue in full force
and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire
agreement between you and Zinger Media Limited with respect to Zinger
Services and supersede all prior and contemporaneous understandings,
agreements, representations and warranties, both written and oral, with
respect to Zinger Services.
Your Comments and Concerns; Contact Us at:
hiidev.zinger@gmail.com