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Zing.com Terms of Use Agreement.

 

Please read the following terms and conditions carefully relating to your use of this site. By using the site, you are deemed to have agreed to these terms and conditions of use (“Agreement”). 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 the 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 and to follow applicable laws, please leave the site and discontinue use of this site immediately.

 

Scope of Terms and Conditions.

These legally binding terms and conditions apply to your use of all of the sites and services owned or operated by Roth Staffing Companies, L.P., dba Zing.com and 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 "Zing Network" or “Zing”), whether you are a “visitor” (which means that you simply browse the Zing Network, including through a mobile devise, or otherwise use the Zing Network without being registered) or whether you are a “member” (which means that you have registered with Zing. The term “user” refers to either a visitor or a member. Unless we say otherwise, all references to the Zing Network in these terms and conditions include all such sites. The Zing Network is hosted in the United States. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Zing Networks only links.

 

Restrictions on Use of Materials.

Use of the products and services is subject to compliance with the terms and conditions in this Agreement. Zing reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Zing Network or any of the products and services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Zing expressly reserves the right to remove your profile/video and/or deny, restrict, suspend, or terminate your access to all or any part of the Zing Network if Zing determines, in its sole discretion, that you have violated this Agreement, have violated any local, state, federal, or foreign laws or regulations, or pose a threat to Zing, its business contractors, its users and/or other third parties.

 

Please choose carefully the information you post on or through the Zing Network and that you provide to other users. Your Zing profile may not include any form of Prohibited Content, as outlined in Section 3 below. Despite this prohibition, information, materials, products or services provided by other Zing members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Zing assumes no responsibility or liability for this material. If you become aware of misuse of the Zing Network by any person, please click on the "feedback@zing.com” link or the “Report Abuse” link attached to the video profile.

 

 

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. Use of the Zing Network and registration to be a member (“Membership”) is void where prohibited. By using the Zing Network, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Zing Network does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. 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. 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.

 

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Zing Network or are a member. You may terminate your Membership at any time, for any reason. Zing may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.

 

When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Zing immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

 

The Zing products and services are for the personal use of members, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Zing. Zing reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Zing Network, including collecting usernames, user id numbers, and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Zing Networks, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from member video profiles without notice or explanation and may result in termination of Membership privileges. Zing reserves the right to take appropriate legal action for any illegal or unauthorized use of the Zing Network or products and services.

 

 

 

1. Proprietary Rights in Content on the Zing Network.

 

1.1 By posting or submitting Content to the Zing Network, 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 Zing will not infringe or violate the rights of any third party.

 

If you send us creative suggestions, ideas, notes, drawings, or other information, the Content 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, and Zing shall not be liable for any use or disclosure of any Content. Without limitation of the foregoing, Zing shall exclusively own all now known or hereafter existing rights to the Content of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Content.

 

1.2 The license you grant to Zing is fully-paid and royalty-free (meaning that Zing is not required to pay you for the use on the Zing Network of the Content that you post), sublicensable (so that Zing is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Zing services), and worldwide (because the Internet and the Zing Network are global in reach).

 

1.3 You represent and warrant that: (i) you own the Content posted by you on or through the Zing Network or otherwise have the right to grant the license set forth in this Section 1, and (ii) the posting of your Content on or through the Zing Network does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Zing Network.

 

1.4 The Zing Network contains Content of Zing ("Zing Content"). Zing Content is protected by copyright, trademark, patent, trade secret and other laws, and Zing owns and retains all rights in the Zing Content and the Zing products and services.

 

1.5 The Zing Network contains Content of users and other Zing licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Zing Network.

 

1.6 Zing performs technical functions necessary to offer the Zing products and services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Zing Network.

 

2. Content Posted.

 

2.1 Zing may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Zing violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Zing assumes no responsibility for monitoring the Zing Network for inappropriate Content or conduct. If at any time Zing chooses, in its sole discretion, to monitor the Zing Network, Zing nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.

 

2.2 You are solely responsible for the Content that you post on or through the Zing Network, and any material or information that you transmit to other members and for your interactions with other users.

 

3. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Zing Network. Zing reserves the right to investigate and take appropriate legal action against anyone who, in Zing's sole discretion, violates this provision, including without limitation, removing the offending Content from the Zing Network and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Zing:

 

3.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

3.2 harasses or advocates harassment of another person;

 

3.3 exploits people in a sexual or violent manner;

 

3.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

 

3.5 solicits personal information from anyone under 18;

 

3.6 publicly posts information that poses or creates a privacy or security risk to any person;

 

3.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

 

3.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

 

3.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

 

3.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

 

3.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

 

3.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

 

3.13 involves commercial activities and/or sales without prior written consent from Zing such as contests, sweepstakes, barter, advertising, or pyramid schemes;

 

3.14 includes a photograph or video of another person that you have posted without that person's consent;

 

3.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or

 

3.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

 

The following are examples of the kind of activity that is illegal or prohibited on the Zing Network and through your use of the Zing products and services. Zing reserves the right to investigate and take appropriate legal action against anyone who, in Zing's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

 

3.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

 

3.18 advertising to, or solicitation of, any user to buy or sell any products or services through the unauthorized or impermissible use of the Zing Network. You may not transmit any chain letters or junk email to other users. In order to protect our users from such advertising or solicitation, Zing reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number that Zing deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Zing Network, you acknowledge that you will have caused substantial harm to Zing, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Zing $50 for each such unsolicited email or other unauthorized commercial communication you send through the Zing Network;

 

3.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Zing Network;

 

3.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

 

3.21 covering or obscuring the banner advertisements on your personal video profile page, or any Zing page via HTML/CSS or any other means;

 

3.22 interfering with, disrupting, or creating an undue burden on the Zing Network or the networks or services connected to the Zing Network;

 

3.23 impersonating or attempting to impersonate another member, user, person or entity;

 

3.24 using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;

 

3.25 selling or otherwise transferring your profile;

 

3.26 using any information obtained from the Zing Network in order to harass, abuse, or harm another person or entity, or attempting to do the same;

 

3.27 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Zing Network on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or

 

3.28 using the Zing Network in a manner inconsistent with any and all applicable laws and regulations.

 

4. Protecting Copyrights and Other Intellectual Property. Zing respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Zing has the right to terminate the Membership of infringers.

 

If you believe your work has been copied and posted on or through the Zing Network in a way that constitutes copyright infringement, please send to Zing a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Zing Network (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Notification of claimed infringement can be sent to: Zing.com, 333 City Boulevard West, Suite 100, Orange, CA 92868.

5. User Disputes. You are solely responsible for your interactions with other Zing users. Zing reserves the right, but has no obligation, to become involved in any way with disputes between you and other users.

 

6. Privacy. Use of the Zing Network is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

 

7. Disclaimers. Zing is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the user Content posted on or through the Zing Network, whether caused by users of the Zing Network or by any of the equipment or programming associated with or utilized in the Zing Network and such user Content does not necessarily reflect the opinions or policies of Zing. Profiles and third party applications created and posted on the Zing Network may contain links to other websites. Zing is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Zing. Inclusion of any linked website on the Zing Network does not imply approval or endorsement of the linked website by Zing. When you access these third party sites, you do so at your own risk. Zing takes no responsibility for third party advertisements or third party applications that are posted on or through the Zing Network, nor does it take any responsibility for the goods or services provided by its advertisers. Zing is not responsible for the conduct, whether online or offline, of any user of the Zing Network. Zing assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. Zing is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Zing Network or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Zing Network. Under no circumstances shall Zing be responsible for any loss or damage, including personal injury or death, resulting from use of the Zing Network, attendance at a Zing event, from any user Content posted on or through the Zing Network, or from the conduct of any users of the Zing Network, whether online or offline. The Zing Network is provided "AS-IS" and as available and Zing expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Zing cannot guarantee and does not promise any specific results from use of the Zing Network.

 

7.1 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.

 

8. Limitation on Liability. IN NO EVENT SHALL ZING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE ZING NETWORK, EVEN IF ZING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZING'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ZING DURING THE TERM OF MEMBERSHIP.

9. U.S. Export Controls. Software available in connection with the Zing Network (the "Software") is further subject to United States export controls. No Software may be downloaded from the Zing Network or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

10. Disputes. The Agreement shall 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 rules of the American Arbitration Association and will be arbitrated in Orange County, California. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH ARBITRATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

11. Indemnity. You agree to indemnify and hold Zing, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Zing Network in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Zing Network causes Zing to be liable to another.

12. Other. This Agreement is accepted upon your use of the Zing Network or any of the Zing products and services and is further affirmed by you becoming a member. This Agreement constitutes the entire agreement between you and Zing regarding the use of the Zing Network. The failure of Zing to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

Any inquiries concerning these terms and conditions of use should be directed to feedback@zing.com.

 

All contents of the Zing Network are: Copyright © 2002 Roth Staffing Companies, L.P., 333 City Blvd. West, Suite 100 Orange, CA 92868 U.S.A. All rights reserved.

 

 

 

 

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