Zing's Terms and Conditions of use

Please read the following terms and conditions relating to your use of this site carefully. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site.

Scope of Terms and Conditions
These terms and conditions apply to your use of all of the sites and services owned or operated by Destination Zing, and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the "sites"). Unless we say otherwise, all references to the sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the sites only links.

Restrictions on use of materials
Use of the products and services is subject to compliance with these terms and conditions. You acknowledge and agree that Zing may terminate your access to the Zing network or to any of the products and services should you fail to comply with the terms and conditions or any other guidelines and rules published by Zing. Any such termination shall be in Zing' sole discretion and may occur without prior notice, or any notice. Zing further reserves the right to terminate any user's access to the Zing network or to any of the products and services for any conduct that Zing, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Zing or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Zing further reserves the right to terminate any user's access to the Zing network or to any of the products and services for any reason or for no reason at all, in Zing' sole discretion, without prior notice, or any notice.

In order to use the products and services, users must have access to the World Wide Web and must navigate the Internet to http://www.zing.com/ or another of the URLs associated with the Zing network. Be aware that the majority of the Zing network is for general audiences, although there are certain areas on the Zing network that contain adult or mature content and different areas where content is specifically created for children under 13 years of age. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of the Zing network not open to persons under 18 years of age. With respect to general audience content, if Zing learns that anyone under the age of 13 has accessed the products and services, Zing will require verified parental consent, in accordance with the children's online privacy protection act of 1998 ("coppa"). Certain areas of the Zing network, however, may not be available to children under 13 under any circumstances.

Links
These terms and conditions apply only to the sites, and not to the sites of any other companies or organizations, including those to which any of the sites may link. We are not responsible for the availability of any other site to which any of the sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

Other sites may link to any of the sites only through a plain-text link. Permission must be granted by us for any other type of link to the sites. To seek our permission, you may write to Destination Zing, attention: Director of Administration, 333 City Blvd. West #100, Orange, Ca 92868. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the sites, at our discretion at any time.

Submissions
By posting or submitting content to this site, you grant Zing the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by excite will not infringe or violate the rights of any third party.

If you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "submissions"), the submissions shall be deemed, and shall remain, the property of Zing. None of the submissions shall be subject to any obligation of confidence on the part of Zing, Zing shall not be liable for any use or disclosure of any submissions. Without limitation of the foregoing, Zing shall exclusively own all now known or hereafter existing rights to the submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions.

Forums
A "forum" means any message board, chat room, user review forum or other interactive service appearing on any of the sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our employee, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.

We are not responsible for material appearing in any forum on the sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

By posting on the sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived.

You are not entitled to any compensation for any materials you may post on the sites.

We may, at our discretion, suspend or terminate the registration of any forum user who violates any of these terms and conditions of use, any of the member guidelines or for any other behavior that we in our discretion believe is inappropriate.

Copyright complaints
We respect the intellectual property rights of others, and require that the people who use the sites do the same. In appropriate circumstances, we will terminate the registration of any forum user who engages in any activity, which may infringe on the intellectual property rights of others, including copyrights.

All contents of the Zing web sites are: Copyright (c) 2002 Destination Zing 333 City Blvd. West #100 Orange, Ca 92868 U.S.A. All rights reserved.

Disclaimers
The services, products and materials on this site are provided "as is" and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the sites will be uninterrupted or error-free, that defects will be corrected, or that the sites or the server that makes them available are free of viruses or other harmful components.

Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

We do not endorse, warrant or guarantee any products or services offered on the sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you.

Disclaimer regarding shopping retailers
The Zing service provides shopping services to help you locate and potentially purchase products from online and offline retailers. Zing does not, however, control these independent retailers and Zing does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping by means of services provided by Zing you acknowledge and agree that: Zing does not endorse any of the products or services ("merchandise") linked to from or through the Zing service, nor has Zing taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through Zing or their own web sites. Zing expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate, as you deem necessary before proceeding with any online or offline transaction with any of these third parties.

Limitation of liability
You expressly understand and agree that under no circumstances shall Zing be liable to any user on account of that user's use or misuse of and reliance on the products and services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if Zing has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the products and services, from inability to use the products and services, or from the interruption, suspension, or termination of the products and services (including such damages incurred by third parties).

Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the products and services or received through any links provided in the products and services, as well as by reason of any information or advice received through or advertised on the products and services or received through any links provided in the products and services. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the products and services or any information or merchandise that appears on, or is linked or related in any way to, the Zing network. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law.

Such limitation of liability shall also apply to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of member web pages or other content stored throughout the Zing network.

Under no circumstances shall Zing be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Parental permission
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some areas of the Zing network may contain material that is inappropriate for minors.

Click here to review the complete Zing Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on the Zing Network. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Privacy policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy.

Jurisdictional issues
We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous
These terms will be governed by and construed in accordance with the laws of the state of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the California arbitration association and will be arbitrated in California. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to feedback@zing.com.


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