End user agreement for Zabidoo
TERMS AND CONDITIONS
AGREEMENT BETWEEN YOU AND Instant Access Technologies Limited
Company reg No: 04585101
Registered address: Dane End House, Dane End, Ware, SG12 OLR
VAT No: 811 0292 78
These Terms govern the use of the Zabidoo Services "the Services" and contain the rights and obligations enjoyed and owed by YOU to Zabidoo and by Zabidoo to YOU. YOUR acceptance of these Terms without modification forms a legally binding contract between YOU and Zabidoo. Zabidoo will not keep a paper copy of this contract, but you are free to download and print off the same at any time. Please read these Terms carefully and click on the I Agree button only if YOU agree that YOU have read them and will be bound by them. If YOU do not agree YOU cannot register as a Zabidoo user of the Services.
Zabidoo will store all account information in a secure environment using a 128 bit encrypted SSL certificate (or a security system of equivalent status). This level of security is utilised by financial institutions and provides for the secure storage and transfer of sensitive data. Data which is stored by Zabidoo cannot be accessed by anyone without express authorisation but YOU agree that Zabidoo may grant clearance to authorised employees and third parties to the extent that they need access to provide YOU with the Services.
To become a Zabidoo user to the Services YOU must open an account by completing the registration form as prompted. YOU must select a user name which will be the email address that YOU choose to register. Sole responsibility for keeping YOUR user name confidential rests with YOU and YOU must notify Zabidoo immediately if YOU have reason to believe that any other person is using YOUR user name to gain access to YOUR account. Notwithstanding such notification Zabidoo will not be liable for any loss that YOU or others may incur as a result of someone else gaining access to YOUR account by using YOUR user name whether with YOUR knowledge or not. YOU may be held liable for any losses incurred by Zabidoo or others as a result of someone else using YOUR account. YOU may not use anyone else's account at any time.
2. THE SERVICES
Without limitation the Zabidoo Website, the Zabidoo account, the Zabidoo Add-in Software version 1 (and any subsequent release and any other software owned or licensed by Zabidoo in connection with this Agreement), the Zabidoo server storage, the Zabidoo links to other websites, the Zabidoo text messaging services, and any and all other services offered by Zabidoo from time to time together constitute the Services.
Certain elements of the Services may be supplied by third parties and in requesting these services YOU agree to be bound by any terms and conditions which may relate to them. Zabidoo shall supply YOU with a web navigator service as described on the Zabidoo Website and as set out in these Terms. In the event of a conflict between these Terms and the services described on the Zabidoo Website these Terms shall prevail. Once YOU have opened YOUR account YOU ARE subject to these Terms:
YOU can cancel YOUR subscription to the Services at any time by emailing email@example.com. Your account information and YOUR contact details will be deleted immediately by Zabidoo.
4. CHANGE TO THESE TERMS
Zabidoo may change these Terms or the charges relating to the Services supplied from time to time and if Zabidoo does it will notify YOU via the website or YOUR account or by any other means deemed reasonable so to do. Your continued use of the Services constitutes YOUR agreement to any such changes.
5. PERSONAL AND NON-COMMERCIAL USE
The Services are for YOUR personal and non-commercial use only unless agreed otherwise with Zabidoo. You can contact our sales team to discuss commercial uses on firstname.lastname@example.org. YOU must not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell the Services obtained from Zabidoo otherwise in accordance with these Terms.
6. LINKS TO AND DEALINGS WITH THIRD PARTY SITES
The Services may contain links to third party Web-Sites. These Web-Sites are not controlled by Zabidoo and Zabidoo is not responsible for the contents of these Web-Sites nor any further links to other Web-Sites contained in them. Zabidoo provides these links at its sole discretion on the basis that they may be useful to YOU or to other Zabidoo users to the Services but the provision of these links does not imply that Zabidoo endorses these Web-Sites or any products or services that may be offered on them.
The Web-Sites may contain terms and conditions which are entirely separate from these Terms and it is YOUR responsibility to read them and abide by them if YOU choose to order goods or services. Any dealings with third parties by YOU which relate to the Services including the delivery of and the payment for goods or services, and any terms, conditions, warranties or representations associated with such dealings are solely between YOU and the third party. Zabidoo shall not be responsible or liable for any part of any dealings.
7. NO UNLAWFUL OR PROHIBITED USE
As a condition of YOUR use of the Services YOU will not use them for any purpose that is unlawful or prohibited by these Terms. Zabidoo shall not be responsible or liable for YOUR use of the Services from any place in the World where such use is illegal, restricted, banned, controlled or limited in any way whatsoever. YOU hereby warrant that YOU are permitted and entitled to enter into this Agreement and that YOU have full legal capacity to do so.
YOU may not use the Services in any manner that could damage, disable, overburden, or impair the Services or any network connected to the Services or interfere with any other party's use and enjoyment of the Services. YOU may not attempt to gain unauthorised access to the Services, other accounts or networks connected to the Services by any means. YOU will indemnify Zabidoo in respect of any misuse of the Services by YOU or persons controlled by YOU.
8. USE OF SERVICES
The Services are designed to enable YOU to navigate the web more effectively and YOU agree to use the Services in a responsible and proper manner. YOU agree that when YOU use the Services YOU will not: * Use them in connection with surveys, contests, pyramid schemes, chain letters, junk email or spamming.
* Use them to send unsolicited messages.
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights such as nights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, racist, indecent or unlawful topic, name, material or information.
* Use any material or information, including images or photographs, which is made available through the Zabidoo Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. * Upload, transmit, email or post any material that contain viruses, worms, Trojan horses, time bombs, cancelbots, corrupted files, or any other similar software or programs that may cause damage to the Zabidoo Services or to the networks or computer infrastructure of others.
* Advertise or offer to sell or buy any goods or services for any business purpose.
* Restrict or inhibit any other user from using and enjoying the Services.
* Collect information about others without their consent, including e-mail addresses.
* Breach any code of conduct or other guidelines or any applicable laws or regulations which may apply to the Services.
* Create a false identity for the purpose of misleading others.
Zabidoo is under no obligation to monitor YOUR use of the Services but it expressly reserves the right to review information supplied by YOU to Zabidoo and to remove details at its sole discretion. Zabidoo reserves the right to terminate YOUR access to any or all of the Services at any time, without notice, for any reason whatsoever. Zabidoo reserves the right at all times to disclose any information as Zabidoo in its sole discretion deems necessary to satisfy any legal or governmental requirements, or to edit, refuse to process or to remove any information or other data relating to YOU AND YOUR use of the web, in whole or in part, in Zabidoo's sole discretion.
9. Zabidoo Software Licence
The Zabidoo Add-in Software that is made available to YOU to download as part of the Services (" the Software") is owned by and is the copyrighted work of Zabidoo and/or its suppliers and is protected by United Kingdom copyright laws, laws of other countries and by international treaty provisions. YOUR use of the Software is governed by these Terms and YOUR installation or use of the Software is governed by the Licence below.
YOU agree only to use the Software for personal use and to install (l) the Software on only one computer. YOU must not sell, assign, transfer, licence, sublicence, publish, disclose, display, copy, reproduce or redistribute the Software other than to make one back up copy only in machine readable form provided that YOU keep all copyright and other proprietary notices intact. YOU must not prepare derivative works based upon the Software, modify, translate, reverse engineer, decompile, or disassemble the Software. All rights to use the Software not expressly granted to YOU are reserved by Zabidoo and/or its suppliers. This licence shall automatically determine without notice to YOU if YOU fail to comply with these Terms.
10. PROPRIETARY RIGHTS
Title, ownership and all proprietary rights including Intellectual Property Rights to the Services including but not limited to the Software, Web-Site design, text and typographical layout, graphics and any other aspect of the Services capable of protection vests in Zabidoo and YOUR use of the Services is permitted only as a result of YOUR acknowledgement and acceptance of the same.
11. LIMITED WARRANTY
Zabidoo hereby warrants that the Software will for a period of 3 months ("the Warranty Period") from the date that it is downloaded (provided that it is downloaded in accordance with the instructions and that it is not modified) perform substantially in accordance with the functionality described in these Terms and on the Zabidoo Website. YOU hereby acknowledge that the Software is not error free and Zabidoo does not warrant the same.
Zabidoo also warrants that it has all necessary rights and consents to licence to YOU the Software in accordance with these Terms.
Except as set out in this Agreement the Services are provided on an "AS IS" basis and YOUR use of the Services is at YOUR own risk. Zabidoo gives no other warranty and all other representations warranties conditions and other terms whether express or implied (by statute, collaterally or otherwise) including, but not limited to warranties of merchantability and fitness for a particular purpose are hereby excluded to the fullest extent permitted by law.
Zabidoo does not warrant that the Services will be uninterrupted, error-free, completely secure (but Zabidoo will fulfil its security obligations) or will meet YOUR requirements. Zabidoo does not and cannot control the flow of data to or from its network and other portions of the internet or on third party networks that support the Services. Such flow depends in large part on the performance of internet or mobile network services provided or controlled by third parties. At times, actions or omissions of such third parties can impair connections to the internet or mobile phone networks (or portions thereof). Accordingly Zabidoo disclaims any and all liability resulting from or relating to such events.
12. LIABILITY DISCLAIMER
Zabidoo DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION TRANSMITTED BY USERS OF THE SERVICES AND, THEREFORE, Zabidoo SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE USE OF THE SERVICES AND ANY ACTIONS RESULTING FROM YOUR SUBSCRIPTION TO THE SERVICES. YOU SPECIFICALLY AGREE THAT Zabidoo SHALL TO THE FULLEST EXTENT PERMITTED BY LAW NOT BE RESPONSIBLE OR LIABLE FOR:
* UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE LINKS PROVIDED WITH THE SERVICES.
* ANY CONTENT SENT USING THE SERVICES BY YOU OR ANY THIRD PARTY.
* THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
* ANY INACCURACIES OR TYPOGRAPHICAL ERRORS, DELAY OR INABILITY TO USE THE SERVICES, INTERRUPTION OR COMMUNICATION LINE FAILURE, DEFECT OR DELETION.
* ANY DIRECT, CONSEQUENTIAL, INDIRECT OR SPECIAL LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS, FAILURE TO PROVIDE THE SERVICES IN PART OR AT ALL, FAILURE OF THE SOFTWARE ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF THE SERVICES BY Zabidoo OR THIRD PARTIES WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT OR OTHERWISE.
YOU hereby agree that if YOU are dissatisfied with the Services or any part of the Services YOUR sole and exclusive remedy is to discontinue using the Services which YOU are entitled to do at any time.
YOU agree to indemnify and hold Zabidoo and its affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees made by any third party due to or arising out of YOUR use of or conduct on the Zabidoo Services.
14. SEVERABILITY OF TERMS
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in full force and effect.
15. COMPLIANCE WITH LAWS FROM TIME TO TIME IN FORCE
Zabidoo's performance of this Agreement is subject to existing laws and the legal process, and nothing contained in this agreement is in derogation of Zabidoo's right and duty to comply with governmental, court and law enforcement requests or requirements relating to YOUR use of the Services.
YOU hereby irrevocably consent to the exclusive jurisdiction of UK law and the UK courts in all disputes arising out of or relating to the use of the Services. Zabidoo hereby accepts that where consumer rights are concerned certain claims may be adjudicated under the laws of YOUR place of residence but only to the extent that they cannot legally be adjudicated upon under UK law in accordance with this Agreement.
17. ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Zabidoo with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Zabidoo in respect of the Services
Zabidoo may assign this Agreement if full or in part at its sole discretion.
Zabidoo knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. Zabidoo does not sell, rent, share, or otherwise disclose personally identifiable information from customers in violation of the commitments set forth in this Privacy Notice. By visiting Zabidoo.com and downloading Zabidoo software, you are accepting the practices described in this Privacy Notice.
What Personal Information About Users Does Zabidoo Gather?
The information we learn from users helps us personalise and continually improve your experience at Zabidoo. Here are the types of information we gather.
• Information You Give Us: We receive and store any information you enter on our software and/or give us in any other way. An example of what we collect is Username. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as customising the service for you, improving the site, responding to your requests, and communicating with you.
• E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Zabidoo if your computer supports such capabilities.
What About Cookies?
• Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features, such as personalisation.
• The "help" function on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
Does Zabidoo Share the Information It Receives?
Information about our users is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below.
• Use of Third Party Service Providers: We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. Examples include sending e-mail and analyzing data. They have access to personal information needed to perform their functions, but may not use it for other purposes.
• Business Transfers: As we continue to develop Zabidoo, we might sell or buy subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the user consents otherwise). Also, in the unlikely event that Zabidoo, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
• Protection of Zabidoo and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Zabidoo, our users, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
• With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
What About Third-Party Advertisers?
Our software includes third-party URL's, and some of the websites involve third-party companies to serve their advertisements that appear on our site. Often, these third-party advertising companies, called "ad networks" or "network advertisers", employ cookie and other technologies to measure the effectiveness of their ads / links and to show you ads that are more relevant and interesting to you. We do not provide any user information to them, and we do not have access to or control cookies that may be placed by the ad networks.
Zabidoo is not intended for use by children under the age of 13. If you are under 13, you may not submit information about yourself to Zabidoo.
Conditions of Use, Notices, and Revisions
Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected users
Related Practices and Information
Information You Provide
You provide information when you use Zabidoo to search or otherwise communicate with us. For example, you provide information when you enter URL's; set bookmarks; download and use our toolbar; communicate with us by phone, e-mail, or otherwise; and employ our other services. As a result of those actions, you might supply us with personally identifiable information or information about things that interest you.
Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; the full Uniform Resource Locators (URL) clickstream to, through, and from our software, including date and time; cookie number; and pages you viewed or searched for.