ZingFan, Inc., a Nevada corporation or ZingFanApp.com (“ZingFan”) Terms of Service



PLEASE REVIEW THE TERMS AND CONDITIONS BELOW CAREFULLY BEFORE USING THE APPLICATION.

ZingFan is a web and mobile software application by the Company. By registering with or using the Company's Software you agree to the following terms and conditions ("Terms").

Your Relationship with The Company

These Terms form a legally binding agreement between you and the Company. It is important that you take the time to read them carefully.

The Company gives you a personal, worldwide, non-assignable and non-exclusive license to use the Company Software ("Software") licensed to you by the Company. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Software as provided by the Company, in the manner permitted by these Terms.

The Company Software is provided "as is" and the Company and its suppliers expressly disclaim any representation or warranty regarding the performance, availability, functionality or any other aspect of the Software. The Company and its suppliers make no warranty that the use of Software will be uninterrupted, timely, secure, or error-free; nor does the Company or its suppliers make any warranty as to the results that may be obtained from use of the Software.

The Company has the right at any time to change, add, modify or discontinue or retire any aspects or features of the Software. The Company has no obligation to provide you with notice of any such change unless required by law.

You acknowledge and agree that the Company owns all right, title and interest in and to all intellectual property associated with the Company's Software, including the underlying source code and object code. Nothing in this Agreement shall be construed as giving you any title to, or ownership rights in, any intellectual property associated with the Company's Software or such underlying source code or object code.

You may not encumber or sub-license, or charge others to use or access the Software without first obtaining written permission from the Company.

You are required to have an internet connection to signup, download or gain access to the Software. As part of registration, you will be required to provide valid information for your email address, mobile number, or Facebook account. These items are collected solely to login, signup or receive messages from other Software users or the Company. Any charges or expenses related to the use of any of those services, even while using a feature of function of the Company's Software, will solely be your responsibility. The Company will not pay or reimburse any user for their internet, email, or SMS texts used in connection to using the Software. The Company will not share or make publicly aware on purpose, unless required by a court of law, any of your private information. SMS messages are solely used if an existing user wants to send an invite message to a new user via their mobile number or to send a GreenLight message to a user via their mobile number.

The Company specifically disclaims any warranty that its Software does not infringe or misappropriates any intellectual property rights of a third party or fails to comply with applicable laws or regulations.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless you have been specifically told that you may do so by the Company or a court order, in writing.

You are prohibited from attempting to or circumventing any security or protection features the Company incorporates into its Software. You further acknowledge that the Software may contain information which is designated confidential by The Company and that you will not access such aspects of the Software unless you receive written authorization from the Company and shall not disclose such information, if access is granted, without the Company's prior written consent.

Nothing in the Terms gives you a right to use any of the Company's trade names, trademarks, logos, domain names, and other distinctive brand features without the prior written permission of the Company.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Software.

Unless you have been expressly authorized to do so in writing by the Company, you agree that in using the Software, you will not use any trademark, trade name, logo of any Company or organization, artist, entertainer or personality in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

The Software which you use may automatically download and install updates from time to time from the Company. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit the Company to deliver these to you) as part of your use of the Software.

In addition to the other restrictions outlined in these terms, when using the ZingFan application, you agree to not: 1) Use any data mining or extraction methods in relation with the application; 2) Interfere with or hinder the operation of the application or any other individual's use of the application in any way; 3) Inflict or impose any perverse or excessive burden on the application in any way; 4) Compromise the security of the application; 5) Use the application for any purpose that is illegal, beyond the scope of the application's intended use, or prohibited in these terms; 6) Utilize the application to transmit spam, viruses, bugs or any material that could be considered racist, threatening, or unlawful in any way.

The Company may change the Terms at any time and in its sole discretion. The modified Terms will be effective immediately upon posting and you agree to the newly posted terms by continue your use of the Software. If you do not agree with the modified Terms, your only recourse is to discontinue using the Software.

The Company shall respond to all email support requests as soon as possible.

The Company may from time to time give you the opportunity to license premium services or features. You agree that these premium services or features will be subject to these Terms unless so notified by the Company.

Accepting the Terms
In order to use the Software you must agree to the Terms. You are not authorized to use the Software unless you accept the Terms.

You can accept the Terms by: (1) clicking "I Accept" or "I Agree" or "Sign Up" when the Terms are displayed to you; or (2) by actually using the Software in which case the Company will consider your use of the Software as acceptance of the Terms.

You may not use the Software and may not accept the Terms if (a) you are under the age of 13 and do not have parental permission or (b) you are a resident of a country that bars the Software.

The Software is intended for general audiences. You warrant that you will provide accurate and complete registration information and you will agree to keep such information current.

You affirm that you are either 13 years of age or more than 13 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Please feel free to save a copy of these Terms for your records.

Your Use of the Software

You shall be solely responsible for the content of the messages and the use of the Company features in connection therewith. The Company does not pre-screen or monitor the content you send or receive or the Company features used in connection therewith. You indemnify the Company against all losses, claims, costs, expenses and liabilities which you may suffer as a result of the content of any messages or the use of the Company features in connection therewith.

You are responsible for all activity by you or anyone you allow to use your copy of the licensed Software. Nothing in the use of the Company will assume any liability by the Company that you have created a legally binding document. You are advised to use your own legal representatives for any disputes arising from any use of the Company Software. You will not use The Company in any way for illegal products or activities. Be advised, the Company does not save the records or messages of any transmissions on its servers once you delete the information from the Software.

The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer Software" and "commercial computer Software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.

You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, Software, or technical data received from the Company, or any direct product of such commodities, Software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.S.

After opening an account in ZingFan's mobile or web application you accept all responsibility for any activity that occurs while logged into your account. Subsequently, you alone are responsible for making sure that your account information including your username and password is kept secure and safe. In the case that your ZingFan account is compromised, please notify the ZingFan team immediately at technicalsupport@zingfanapp.com.

Usage Data

By using ZingFan you agree to let ZingFan collect information about your usage of the application. You agree that we will share the fact that you took these actions with the sender of the message. If you choose to enter or add an email or mobile number, you also agree to let ZingFan upload the address book on your device to its servers where we store this data to synch your contacts and find which of your friends are already ZingFan users. Additionally, we may collect usage information and information about your device such as the model, manufacturer and OS version of device used, MAC (Media Access Control) address, device identifiers, International Mobile Equipment Identity (IMEI), web address, and time-stamped logs of messages sent and received and data exchanges, and network status (WiFi, etc.). For more information about ZingFans privacy practices, please review our Privacy Policy.

Software Termination

The Terms will continue to apply until terminated by either you or the Company. If you want to terminate your license with the Company, you may do by simply deleting the Software from your computer or phone.

The Company may at any time, terminate its license with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms) without the need to notify you prior to such termination; or (B) the Company is required to do so by law.

When this License comes to an end, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to or have accrued or which are expressed to continue indefinitely, shall be unaffected by the license's termination.

Miscellaneous

DISCLAIMER OF WARRANTIES. YOUR USE OF THE COMPANY SOFTWARE IS AT YOUR SOLE RISK. THE COMPANY'S PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, THE COMPANY AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE COMPANY'S PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE COMPANY AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMPANY'S PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE COMPANY'S PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COMPANY'S PRODUCTS AND SOFTWARE WILL BE CORRECTED. THE COMPANY AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMPANY'S PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITY. THE COMPANY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH THE COMPANY (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE COMPANY'S PRODUCTS AND SOFTWARE. THE COMPANY AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE COMPANY'S PRODUCTS, SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH THE COMPANY'S PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, CELL PHONE FAILURE OR MALFUNCTION, SMART DEVICE FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE COMPANY AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.


If, notwithstanding the terms, ZingFan is found liable to you for any damage or loss which arise out of or is in any way connected with your use of the application or any content, the Company's liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

The provisions of these Terms addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property and governing law shall survive the termination of these Terms.

You shall indemnify, defend and hold harmless the Company, its parents, subsidiaries, affiliates, successors, licensees and assignees, and the officers, employees, agents and all other representatives thereof, and hold each of them harmless from and against any and all loss damages, costs and expenses, including reasonable, outside attorneys' fees, arising out of or connected with any third party claim, demand or action arising from any content or breach of any agreement between or among users of the Company. The Company is merely providing an online web or mobile application with white space for you to create and write your own agreements. The Company is not responsible in any way for a dispute between parties of users of the Company's Software, even if the Software did not perform as intended.

The Company, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY THE COMPANY'S PRODUCTS, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM THE COMPANY ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that the Company generally can send you electronic notices in either or both of the following ways: (1) to the e-mail address that you provided to the Company during registration or (2) the Company may post notices on a welcoming screen or top page of the relevant the COMPANY'S PRODUCTS. You agree that certain premium services may also have their own notice procedures. You must check your designated e-mail address regularly for notices. The delivery of any notice from the Company is effective when sent by the Company, regardless of whether you read the notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive notices electronically is to terminate the Company license.

Complete Agreement

These Terms constitute the entire agreement between the Company and you regarding the subject matter of these Terms and supersede all previous written or oral agreements. In the event of any inconsistency between these Terms and any such other terms of use these Terms will supersede such other terms of service or operating rules. The Terms shall be governed by and construed in accordance with the laws of the state of Nevada, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and or your use of the Software resides in the District Courts of Nevada, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.