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BITABLE.COM USER AGREEMENT
CHAPTER ONE: GENERAL PROVISIONS
1.1 This Zlappy.com User Agreement (this “Agreement”) applies to your use, as the “user” (defined below) of the Zlappy.com website and all or any related products or services (collectively known as “the Website”) and your understanding that the Website, and all of its content, is provided by Zlappy.com (“Zlappy.com”). Your use of the Website is subject to the terms and conditions of this Agreement.
1.2 Your use of this Website shall be construed and understood to constitute your (“the User”) acceptance of all of the terms and conditions of this Agreement, and you understand and agree that a legal contractual relationship has been established between you, the user, and Zlappy.com. You alone shall bear any and all legal responsibility and/or liability that may arise from any and all activities conducted and events which arise as a result of your use of the Website.
1.3 Zlappy.com users understand and acknowledge that their use of the various services provided by Zlappy.com shall be construed and understood as your consent to the service agreement of each individual Zlappy.com service and all other announcements published by Zlappy.com governing each individual service.
1.4 Zlappy.com users acknowledge that Zlappy.com may update this Agreement, the service agreements, and announcements pertaining to each individual service from time to time without any specific previous notice.
1.5 Please read this Agreement carefully before you commence utilizing the various services provided by Zlappy.com. If you do not accept any terms or conditions of this Agreement and/or its amendments, you should discontinue your use of such services immediately. Once you use any of Zlappy.com’s service(s), including the Website, it shall be construed and understood that you have fully understood, consented to and accepted all terms and conditions of this Agreement and its amendments, when applicable, and you shall become a Zlappy.com user (also known as “user”).
CHAPTER TWO: INFORMATION REGISTRATION AND PRIVACY PROTECTION
2.1 Users may register for an account on the Website by following all applicable registration procedures (“Zlappy.com account”). The ownership of a Zlappy.com account (which may include but may not be limited to registering a Zlappy.com user ID) shall be vested in Zlappy.com. A Zlappy.com user has the right to use a Zlappy.com account when the registration procedures are completed. The Zlappy.com user shall provide his/her “Registration Data” (which includes but is not limited to the information provided by the Zlappy.com user during the registration process, such as the Zlappy.com user’s name, address, contact information and other identifying information) in a timely, detailed and accurate manner. The Zlappy.com user shall also update his/her registration information to ensure its continued accuracy. All information entered by the Zlappy.com user during the registration process shall be treated as Registration Data and Zlappy.com shall not be liable for any consequences arising from the user providing any false Registration Data.
2.2 Zlappy.com users shall not be permitted to transfer or lend their accounts or passwords to any third party. In the event that a Zlappy.com user discovers that his/her account has been or is being illegally used by a third party, the Zlappy.com user should notify Zlappy.com immediately. Zlappy.com shall not be liable for any illegal use of a Zlappy.com user’s account or passwords caused by a third party or by the user’s own negligence.
2.3 Zlappy.com will not disclose or provide the user’s registration information to any third party unless:
a. the user’s prior authorization has been obtained;
b. the products or service requested cannot be provided unless such personal information is disclosed;
c. as per the requirements of relevant laws and regulations;
d. as per the requirements of relevant government authorities;
e. to safeguard the legitimate rights and interests of Zlappy.com, the user or any other third party;
f. the user provides express consent to sharing the information with a third party;
g. Zlappy.com discovers that the user has violated or is violating the terms and conditions of the Agreement or usage rules for other products; or
h. Zlappy.com needs to submit the user’s personal information to the companies providing Zlappy.com and the user with products or services (unless Zlappy.com notifies you otherwise, such companies shall have no right to use your personally identifiable information).
2.4 Zlappy.com will collect the Zlappy.com user’s personal information when the user (i) registers to be a Zlappy.com user, (ii) uses the Website or Zlappy.com’s other products or services, (iii) browses a Zlappy.com page, or (iv) participates in promotions or sweepstakes. The personal information will be utilized to maintain or improve the services and web content provided for the user. The user may request the personal information or request to review, make a copy of, correct or delete the personal information. The user may also request to discontinue collection, processing or use of the personal information.
CHAPTER THREE: INDEMNITY
3.1 You, the user, agree to indemnify and hold Zlappy.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any alleged, threatened or actual claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of terms and conditions of this Agreement, your violation of the provisions of a related services agreement, or your violation of any rights of another individual.
3.2 Zlappy.com, depending on the nature of a user’s activity, is entitled to take punitive measures against the user, including but not limited to: removing the content published by a user; suspending his/her account; restricting the usage of his/her account; deleting the Zlappy.com account; or taking any necessary legal or other measures.
3.3 In response to any malicious registration of a Zlappy.com account or activities utilizing a Zlappy.com account to distort, harass or deceive other users, or any other third party, or in any other manner violating this Agreement, Zlappy.com shall be entitled to suspend or delete such an account.
CHAPTER FOUR: DISCLAIMER OF WARRANTIES
YOU, THE USER, EXPRESSLY UNDERSTAND AND AGREE THAT:
4.1 YOUR USE OF THE WEBSITE AND ANY BITABLE.COM PRODUCT OR SERVICE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BITABLE.COM AND ITS SUBIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OFFICERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4.2 BITABLE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, THE USER, THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN YOUR USE OF THE WEBSITE OR PRODUCTS WILL BE CORRECTED.
4.3 ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
4.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BITABLE.COM OR THROUGH YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4.5 BITABLE.COM AND ITS AFFILIATES DO NOT REVIEW OR MONITOR ANY INTERNET SITES LINKED TO THE WEBSITE, AND ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY SUCH LINKED SITES. YOUR USE OF SUCH INTERNET SITES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE USE OF ANY ADVICE, OPINION, RECOMMENDATION, STATEMENT OR OTHER INFORMATION DISPLAYED, LINKED TO, OR DISTRIBUTED THROUGH THE WEBSITE IS AT YOUR OWN RISK. PRIOR TO PURCHASING ANY THIRD PARTY PRODUCTS OR SERVICES DESCRIBED ON OR LINKED FROM THE WEBSITE, YOU ARE ADVISED TO VERIFY PRICING, PRODUCT QUALITY AND OTHER INFORMATION NECESSARY TO MAKE AN INFORMED PURCHASE DECISION. NEITHER BITABLE.COM NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL HAVE ANY LIABILITY ARISING FROM YOUR PURCHASES OF THIRD PARTY PRODUCTS OR SERVICES BASED UPON THE INFORMATION PROVIDED ON THE WEBSITE.
4.6 ALL LINKS AND LOGOS TO THIRD PARTY WEBSITES HAVE BEEN PROVIDED BY THIRD PARTIES AND HAVE NOT BEEN PROVIDED BY BITABLE.COM OR ITS AFFILIATES. IF YOU HAVE ANY QUESTIONS OR ISSUES IN CONNECTION WITH SUCH THIRD PARTY WEBSITES, PLEASE CONTACT US AT : [email@example.com]
CHAPTER FIVE: LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BITABLE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMTIED TO, DAMAGES FROM LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BITABLE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE.
CHAPTER SIX: USAGE RULES
6.1 Zlappy.com users shall be bound by the laws and regulations of New South Wales, Australia when using the Website and shall not utilize the service for any illegal activities, including but not limited to:
a. Uploading, displaying, posting, spreading or sending in any other manner any information that: (1) contradicts or violates the basic principles established by the Constitution of Australia or the territory where the Website is being accessed from; (2) endangers national security, divulges state secrets or undermines national unity of Australia or the territory where the Website is being accessed from; (3) damages the image and interests of Australia or the territory where the Website is being accessed from; (4) incites ethnic hatred or ethnic discrimination; (5) jeopardizes any religious policies, or advocates cults; (6) spreads rumors, disturbs social order, or undermines social stability; (7) spreads obscenity, pornography, gambling, violence, murder, terrorism, or instigates others to commit crimes; (8) insults or slanders others, or infringes upon the legal rights of others; (9) incites illegal assembly, association, procession, demonstration or gathers crowds to disturb social order; (10) is false, harmful, threatening, privacy infringing, or contains contents of harassments, infringements, defamations, vulgarity, or obscenity, or is otherwise morally objectionable; (11) contains other contents restricted or prohibited by laws, regulations, rules or any other legally binding provisions;
b. Instances where it is forbidden to use the Internet service system for illegal purposes; or
c. Instances where it is forbidden to undertake the following activities: (1) access the computer information network or use of resources of the computer information network without authorization; (2) delete, modify or add any function of the computer information network without authorization; (3) delete, modify or add any data or application stored, processed or transmitted in the computer information network without authorization; (4) intentionally create or disseminate computer virus or other destructive programs; (5) or other activities that damage the computer information network.
6.2 Zlappy.com Users shall not duplicate, copy, sell, resell or use for any other commercial purpose any part of the Website or the use of the Website.
CHAPTER SEVEN: SERVICE CONTENT
7.1 Unless otherwise expressly provided in this Agreement, any new product(s), new function(s) and/or new service(s) provided in connection with, or affiliated with, the Website by Zlappy.com shall be subject to this Agreement.
7.2 Zlappy.com may conduct maintenance on the Website and other related equipment either regularly or irregularly. Zlappy.com shall assume no responsibility for any interruption of the network services (including, but not limited to subscription network service) within a reasonable period caused by such maintenance. Zlappy.com reserves the right to suspend any part of, or the entire Website, for maintenance, upgrading and other purposes without prior notice.
7.3 Zlappy.com reserves the right to terminate user accounts which have not been logged in to (i.e., accessed) for three (3) months or more.
7.4 Zlappy.com is entitled to modify or terminate the services provided under the Website (or any other parts thereof) at any time temporarily or permanently without prior notice. Zlappy.com is not liable to any user or any third party with respect to any modification or termination of service with or without notice.
7.5 Termination of Service
Zlappy.com users agree that Zlappy.com is entitled to terminate their account or the use of any service (or any part of service), or remove and delete any content in connection with this service based on Zlappy.com’s own discretion for any reason, including but not limited to misuse for a long period of time or if Zlappy.com considers a Zlappy.com user to have violated or be in the process of violating the terms and conditions of this Agreement. A Zlappy.com user agrees the service provided in accordance with this Agreement can be suspended or terminated without any prior notice. The user acknowledges and agrees that Zlappy.com can shut down, terminate or delete his/her account and all the information and documents included within the account immediately, and/or forbid the user from continuing to use or access the aforesaid documents and service. In addition, Zlappy.com users agree that in the event the use of the service is suspended, terminated or the account and relevant information and documents are shut down or deleted, neither Zlappy.com nor its affiliates shall be responsible for any liability to a Zlappy.com user or any other third party.
CHAPTER EIGHT: INTELLECTUAL PROPERTY AND OTHER LEGITIMATE RIGHTS AND INTERESTS (INCLUDING BUT NOT LIMITED TO THE RIGHT TO REPUTATION AND BUSINESS REPUTATION)
8.1 Exclusive Rights to Users and Infringement Notice
If (i) a rights holder finds that a third party has infringed his/her legitimate rights and interests through the internet or the Website and (ii) such right is infringed by content posted on a third party’s website linked to from the Website, such individual or entity may file a notice of infringement (“Infringement Notice”) with Zlappy.com. To file an Infringement Notice with us, you must provide a written communication based upon the instructions below.
Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any misrepresentation in the Infringement Notice. If you are not sure whether material available online infringes any of your legitimate right, we suggest that you first contact an experienced professional to make the determination.
To expedite our ability to process your request, please use the following format (including section numbers):
a. Provide materials evidencing that you have the right to the trademark, copyright or another legitimate right which you allege has been infringed.
b. Identify in sufficient and clear detail the content pertaining to the protected legitimate right you believe has been infringed and the websites that contain the infringing content (if possible).
c. Identify the material that you claim is infringing the legitimate right listed above.
d. Provide detailed contact information of the Rights Holder, including name, a copy of the identity card or passport (if an individual), a copy of the entity registration certificate (if an entity), address, telephone number, fax and email address.
e. Provide location of infringing content on the Internet (for example, the source of allegedly infringing content, such as the specific website or location within a webpage) to enable us to notify the owner/administrator of the web page that allegedly contains infringing content.
f. Include the following statements in the Infringement Notice: “(i) I am the rights holder or am authorized to exercise the right; (ii) My legitimate rights are infringed by content on the allegedly infringing web pages”; and (iii) Include the following statement in the Infringement Notice: “I represent that the information in this Infringement Notice is sufficient, true and accurate and that I am the right holder or am authorized to exercise the legitimate right specified in Item 2 of this Infringement Notice, and that I confirm that if the statements in the Infringement Notice are not true, I will be legally liable for such misrepresentation.”
g. Sign the Infringement Notice document. If you are a legal entity or organization, please stamp your official seal on your letter. Then send the aforementioned materials and your contact information in writing to the following address:
25883 N. Park Ave.
Elkhart, Indiana 46514
8.2 The following rules apply with respect to any and all intellectual property affiliated with the Website:
a. All information and images are being provided so that users can access information;
b. All information and images may not be used for commercial purposes;
c. All information, images or any part thereof must include this copyright notice;
d. All of Zlappy.com’s products, technology, and all programs provided on the Website are Zlappy.com’s intellectual property and are not authorized to anybody hereby.
e. “Zlappy.com”, “Zlappy” and related graphics are registered trademarks of Zlappy.com,
f. Without Zlappy.com’s prior consent, license or authorization, no third party shall engage in the following conduct, including but not limited to: illegally copying, disseminating, displaying, mirroring, uploading, or downloading the aforementioned information, products, technology and programs that are the exclusive property of Zlappy.com. Zlappy.com shall work with the appropriate authorities to investigate any user’s or third party’s use of Zlappy.com’s information, products, technology or programs undertaken in violation of any related laws or regulations.
8.3 Zlappy.com users agree that all of Zlappy.com’s trademarks, trade names, service marks and other Zlappy.com logos and brand features, and product and service names are the property of Zlappy.com (the “Zlappy.com Marks”). Without Zlappy.com’s prior permission, you may not display or use the Zlappy.com Marks in any manner.
CHAPTER NINE: MISCELLANEOUS PROVISIONS
9.1 The Laws of New South Wales, Australia shall prevail when dealing with the conclusion, implementation and interpretation of this Agreement, and any dispute or settlement arising thereof.
9.2 Any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you, the user, and Zlappy.com shall be brought exclusively in the courts located in New South Wales, Australia. You, the user, and Zlappy.com agree to submit to the personal jurisdiction of the courts, which govern Zlappy.com’s domicile, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
9.3 The failure of Zlappy.com to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
9.4 Please send notice to Zlappy.com if you know of any violation of the Agreement and/or any other individual service's Terms of Service. You may contact Zlappy.com at the following address:
25883 N. Park Ave.
Elkhart, Indiana 46514
Zlappy.com Statement of Privacy Protection
Zlappy.com attaches great importance to protecting your privacy. Before using the services provided by Zlappy.com, please carefully read the following statements.
Zlappy.com will only collect and use your personal information in order to provide you with more accurate and well-targeted services. Zlappy.com will treat such information with a high level of diligence. You agree and understand that Zlappy.com may use the personal information submitted by you in the manners described below. Without your permission, Zlappy.com will not disclose such information or provide such information to any third party.
Collecting Your Personal Information
Zlappy.com will collect your personal information when you voluntarily select our services or provide such information. Zlappy.com will integrate your personal information so as to provide better services. Zlappy.com will not be responsible to you or any party if any personal information provided by you is inaccurate, untruthful, or outdated. Never transfer or lend your account or passwords to others. In case you find that your account has been illegally used by others, please notify Zlappy.com immediately. Zlappy.com shall not be liable for any illegal use of your account or passwords caused by hacking or user’s negligence in care. Zlappy.com will not retain your personal data for longer than is necessary for the creation and maintenance of user accounts and to provide products and services requested by the user.
Using Cookies and Other Technologies
You can prevent the application of cookies by changing your browser settings, but as a result, you may be unable to access certain Zlappy.com services and functions, which rely on the transmission of cookies.
Keeping Records of Your Use
When you use Zlappy.com’s services, the server will automatically record certain information, including URL, IP address, type of browser, language used, and the date and time of visit, etc., with the sole purpose of being able to provide you with better services. We will seek your consent before using your personal information for a purpose other than those included in this Statement of Privacy.
In the following circumstances, Zlappy.com will disclose your personal information as you wish or in accordance with the law. You will be responsible for any consequences arising thereof:
1. Your prior authorization is obtained;
2. The products and the services you request can only be provided after disclosure of your personal data;
3. As per the requirements of the relevant laws and regulations;
4. As per the requirements of a competent government authority;
5. To safeguard the legitimate rights and interests of Zlappy.com;
6. You agree to share the data with third parties;
7. We discover that you have violated or are violating Zlappy.com’s terms and conditions or rules of use of any other products or services; or
8. We need to provide the companies providing products or service on our behalf with your personal data (unless we notify you, such companies shall have no right to use or process your personal data). Zlappy.com will take all appropriate measures to prevent the illegal or unlawful disclosure, modification or destruction of user’s information.
Transfer of Personal Data
Please be informed that your personal data may be transferred to locations outside of the territory where you are accessing Zlappy.com’s services or disclosed to our related corporations, licensees, business partners and/or service providers for the purposes described above.
Your account information and registration data is password-protected. We encrypt our services and data transmission using SSL. We strive at all times to ensure that your personal data will be protected against unauthorized or accidental access, processing, correction or deletion. We implement appropriate security measures to safeguard and secure your personal data.
Questions and Suggestions:
If you have any questions or suggestions, please contact us at [firstname.lastname@example.org].
Set Zlappy.com as your home page so that every time you open your web browser you will have easy access to the sites you visit most often.
To set or remove the home page in your browser use the instruсtions for your browser below:
- Set or delete the home page in Mozilla Firefox
- Set or delete the home page in Google Chrome
- Set (change) the home page in Internet Explorer (you will need to select your Internet Explorer version to read corresponding instructions)
- Delete the home page in Internet Explorer 7 or 8 (note that if you have Internet Explorer 9 or later, you need to use the “Set (change) the home page in Internet Explorer” link above)