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Welcome to www.ZingHome.com (the "Site") owned and operated by Zinghome.com ("ZingHome," "we," "us," or "our"). We provide online services to assist our users, such as yourself ("You" or "Your"), with their searches for real estate, as well as other related services (collectively, the "Services"). The following terms and conditions (the "Terms of Use") form a binding agreement between You and us. Please review the following terms carefully. Each time you access the Site or use the Services, You are agreeing to be bound by these terms, whether You are a "Visitor" (which means that You simply browse the Site), or You are a "Registered User" (which means that You have registered with the Site or Services and established an account with ZingHome.com (Your "Account")). If You do not agree to all of these terms, we are unwilling to grant You access to the Site or Services, and You must cease access to the Site and Services immediately. In addition, certain areas of the Site or Services may be subject to additional terms of use, that we make available for your review or otherwise linked to that portion of the Site or Services to which such additional terms apply. For example, if you are a Linking Partner, as the term is defined in the Linking Partner Terms of Service, you are subject to those terms applicable to Linking Partners, in addition to these Terms of Use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these terms, the additional terms will control. 1. USERS. You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate Your access to the Site or Services (or any portion thereof). a) VISITORS AND REGISTERED USERS. Visitors may browse the Site in accordance with these Terms of Use, but will not have access to certain Services without first becoming Registered Users. In order to use the Services available to a Registered User, You are required to set up an Account with us. When You set up an Account, You are required to select a unique user ID ("User ID") and password to access the Services. You may not transfer or share Your User ID, password or Account information (collectively, the "Account Information") with any third parties, and You are solely responsible for maintaining the confidentiality of Your Account Information. You acknowledge and agree that we rely on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we've issued to You, we will rely on that User ID and will assume that it is really You or Your representative who is accessing the Site and Services. You are solely responsible for any and all use of Your User ID and Account and all activities that occur under or in connection with Your User ID or Account. You agree to be responsible for any act or omission of any users that access the Site or Services under Your User ID or Account that, if undertaken by You, would be deemed a violation of these Terms of Use, and that such act or omission shall be deemed a violation of these Terms of Use by You. Please notify us immediately if You become aware that Your User ID or Account is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity. b) PREMIUM USERS. Certain Services are only available to Premium Users. "Premium Users" are those Registered Users who have submitted payment of all applicable services fees to us in order to access and/or view certain premium Services. As a Premium User, prior to receiving the Services, You must submit an order for the Services by selecting the Services You wish to access and submitting all applicable fees, which are due and payable at the time of Your order for the Services in accordance with subsection c below. c) PAYMENT. To submit an order for any Services, You must be at least eighteen (18) years of age or the applicable age of majority in Your jurisdiction. We may permit you to submit payment for Services through a third party payment service provider at our discretion, in which case you represent and warrant that you have complied with all requirements of such third party service provider and that we have the right to request and receive payment from such third party service provider regarding Your purchase of access to the Services. If payment for Services is submitted directly through the Site or Services, You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time You order any Services hereunder, including all of the following: (i) Your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of Your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge Your card. Your credit card issuer agreement governs Your use of Your designated credit card, and You must refer to that agreement and not these Terms of Use to determine Your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before we (or our third party payment service provider) invoice the credit card for all amounts due and payable. By providing us with Your credit card number and associated payment information, You agree that we, and/or our third party payment service providers are authorized to immediately invoice Your Account for all fees and charges due and payable to us as a result of Your order, including but not limited to Service fees, set up fees, subscription fees or any other fee or charge associated with Your access to the Services. In the event that access to the applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice Your Account at the beginning of each recurring period. You agree to immediately notify us of any change in Your billing address or the credit card used for payment hereunder. We reserve the right, at any time, to change our prices and billing methods for Services without prior notice. You agree that in the event we are unable to collect the fees You owe us for the Services specified in Your order, we may take any other steps we deem necessary to collect such fees from You, and that You will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that we may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. 2. OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services ("Our Technology") are: (a) copyrighted by ZingHome and/or its licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by ZingHome or its licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants You any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties' licenses and not by these Terms of Use. 3. REAL ESTATE AND RELATED SERVICES. You understand, acknowledge and agree that we provide the Site and Services as a tool to enable You to locate a professional real estate agent, broker or other service provider to act on Your behalf with respect to Your search for real estate. We do not provide any advice with respect to the abilities of the agent, broker or service provider You choose, and it is Your obligation and duty to make whatever inquiries and investigations are necessary in order to satisfy yourself with respect to such persons and/or companies. Prospective buyers are advised to perform all due diligence before entering into a contract to purchase property, and all parties are encouraged to seek the help of a licensed real estate professional, attorney and other professionals as necessary prior to entering any transaction. The provision by us of the name of any real estate agent, broker or other service provider is in no way to be construed as an endorsement or approval by us of such person and/or company, nor are we acting as the representative of any such person and/or company. We make no representation whatsoever about the ability of any real estate agent, broker or other service provider to perform the services. You agree that we shall have no liability for any losses You might incur as a result of transactions into which You may enter with, by or through any real estate agent, broker or other professional You choose by using Site or Services. We are not a licensed real estate agent or broker. We may attempt to forward Your information to certain real estate and other service providers, who may make certain disclosures to You. However, we do not guarantee that any such service provider will contact You. Whether such service provider contacts You is based upon the decision of the participating service provider. You also authorize us to forward Your information to our network of participating service providers. You understand that the service providers may keep Your information, whether or not You complete a real estate or other related transaction with them. You hereby authorize the potential service provider to contact You directly either by phone, mail, or email. You understand and agree that nothing on the Site or through the Services constitutes an offer, promise, solicitation or otherwise, either to enter into any real estate transaction, or that any participating service provider will enter into a real estate transaction on any specific terms. All real estate related decisions are made by the participating service provider in the course of its normal business operations. YOU UNDERSTAND THAT INFORMATION THAT YOU SUBMIT TO US FOR PURPOSES OF BEING CONTACTED BY A REAL ESTATE OR OTHER SERVICE PROVIDER IS SUBMITTED PRECISELY FOR THE PURPOSE OF DISCLOSURE IN A VARIETY OF MEDIA AND CHANNELS, AND THEREFORE SUCH INFORMATION IS NOT SUBJECT TO ANY CONFIDENTIALITY OBLIGATION. 4. RULES REGARDING INFORMATION AND OTHER CONTENT. When You access the Site and/or Services, You obtain access to various kinds of information and materials, all of which we call "Content." Content also includes information and materials posted to the Site or through the Services by You. As between You and us, You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that You post to the Site or through the Services. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of Your intellectual property rights related to that Content, to the extent necessary for us to provide the Services. You also authorize us to sublicense those rights to our contractors who help us provide the Services. You agree not to revise Content posted by others, and You represent and warrant that You will not post or use any Content in any manner that:
Though we strive to enforce these rules with all of our users, and our other customers, You may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at Your own risk. We may, but are not obligated to, delete user Accounts and/or remove Content from the Site if we determine or suspect that those Accounts or Content violate the terms of these Terms of Use or the applicable agreement with the offending user(s). We take no responsibility for Your exposure to Content on the Site or through the Services whether it violates our content policies or not. 5. GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that You will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use of the Site or Services or access to the Site or Services for any purposes other than for which the Site or Services are being provided to You, or do any of the following:
6. MODIFICATIONS TO TERMS. We may change the terms of these Terms of Use from time to time on a going-forward basis. We will notify you of any such changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email (for Registered Users). Any such modifications become effective upon the earlier to occur of (i) Your acknowledgement of such modifications; or (ii) Your continued access to and/or use of the Site or Services after we post notice of such modifications. It is Your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms of Use. If You do not agree to any changes, if and when such changes may be made to the Terms of Use, You must cease access to the Site and use of the Services. You give us permission to email you for the purpose of notification as described in this Section 7. 7. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Site or Services. If You object to any such changes, Your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified. 8. PRIVACY. As part of the login, order and registration process, You will be asked to provide certain personal information to us. All uses of Your personal information will be treated in accordance with our Privacy Policy, which is located at [insert URL] and is incorporated by this reference into these Terms of Use. IF YOU ACCESS THE SITE AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO HAVE YOUR INFORMATION USED IN ANY OF THE WAYS DESCRIBED IN THE PRIVACY POLICY, YOU MUST DISCONTINUE ACCESS TO THE SITE AND/OR THE SERVICES IMMEDIATELY. 9. THIRD PARTY CONTENT AND OTHER WEBSITES. CONTENT FROM OTHER USERS, ADVERTISERS, AND OTHER THIRD PARTIES MAY BE MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR SERVICES. BECAUSE WE DO NOT CONTROL SUCH CONTENT, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH CONTENT. WE MAKE NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF THE INFORMATION IN SUCH CONTENT, AND WE ASSUME NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT MADE AVAILABLE BY OTHER USERS, ADVERTISERS, AND OTHER THIRD PARTIES OR VIOLATION OF ANY THIRD PARTY RIGHTS RELATED TO SUCH CONTENT. THE SITE AND SERVICES MAY CONTAIN LINKS TO WEBSITES NOT OPERATED BY ZINGHOME. WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, MATERIALS, OR PRACTICES (INCLUDING PRIVACY PRACTICES) OF SUCH WEBSITES. YOU UNDERSTAND THAT BY USING THE SITE AND/OR SERVICES YOU MAY BE EXPOSED TO THIRD-PARTY WEBSITES THAT YOU FIND OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. WE MAKE NO WARRANTY, REPRESENTATION, ENDORSEMENT, OR GUARANTEE REGARDING, AND ACCEPT NO RESPONSIBILITY FOR, THE QUALITY, CONTENT, NATURE OR RELIABILITY OF THIRD PARTY WEBSITES, PRODUCTS OR SERVICES ACCESSIBLE BY HYPERLINK OR OTHERWISE FROM THE SITE OR SERVICES. WE PROVIDE THESE LINKS FOR YOUR CONVENIENCE ONLY AND WE DO NOT CONTROL SUCH WEBSITES. OUR INCLUSION OF LINKS TO SUCH WEBSITES DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIALS ON SUCH THIRD PARTY WEBSITES OR ANY ASSOCIATION WITH THEIR OPERATORS. IT IS YOUR RESPONSIBILITY TO REVIEW THE PRIVACY POLICIES AND TERMS OF USE OF ANY OTHER WEBSITE YOU VISIT. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY, INCLUDING OTHER USERS. 10. DURATION OF ACCESS. You agree that ZingHome, in its sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in its sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR USER CONTENT. 11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED BY ZINGHOME ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZINGHOME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. ZINGHOME MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ZINGHOME MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE AND OUR AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE AND SERVICES. ZINGHOME IS NOT A REAL ESTATE AGENCY OR A REAL ESTATE BROKERAGE FIRM, ZINGHOME DOES NOT GUARANTEE ANY RESULTS THROUGH USE OF THE SITE OR SERVICES, AND IS NOT RESPONSIBLE FOR ANY REAL ESTATE PURCHASE OR SALES DECISIONS. 12. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ZINGHOME OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST REAL ESTATE OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL ZINGHOME BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. THE TOTAL LIABILITY OF ZINGHOME TO YOU FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE SERVICES WITH RESPECT TO SUCH CLAIM; OR (II) FIVE DOLLARS (U.S. $5.00). NOTWITHSTANDING THE FOREGOING, THE AGGREGATE LIABILITY OF ZINGHOME TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR SERVICES; OR (B) FIFTY DOLLARS (U.S. $50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. ZINGHOME RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR, OR TAKE ANY ACTION ZINGHOME DEEMS APPROPRIATE REGARDING, DISPUTES THAT YOU MAY HAVE WITH USERS, SERVICE PROVIDERS OR OTHER CUSTOMERS OF OURS. TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO ANY CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES AND FROM CLAIMS RELATED TO THE CONDUCT OF ANY USER, SERVICE PROVIDER OR OTHER CUSTOMERS OF OURS. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ZINGHOME OR ITS LICENSORS 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, OR NON-PERFORMANCE OF THIRD PARTIES. 13. INDEMNIFICATION. You agree to indemnify, defend and hold harmless ZingHome, its parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) any of Your Content and/or information that You submit, post or transmit through the Site or Services, (2) Your use of the Site or Services, (3) Your violation of these Terms of Use, (4) Your violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by You into the Site or Services. 14. LINKING TO THE SITE. You may provide links to the Site, provided that You (a) do not remove or obscure, by framing or otherwise, advertisements, proprietary notices, or other notices on the Site, and (b) discontinue providing links to the Site immediately upon our request. In order to become a member of our Linking Program (as defined in our Linking Partner Terms of Service) and potentially be eligible for certain commissions, You must agree to and register with us in accordance with the terms and conditions contained in the Linking Partner Terms of Service, which are available at [insert URL]. 15. COPYRIGHTS VIOLATIONS. We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
Our Copyright Agent for notice of claims of copyright infringement on the Site or Services can be reached by directing an e-mail to the [insert name of designated copyright agent] at [insert email address]. 16. ELECTRONIC COMMUNICATIONS. The communications between You and ZingHome use electronic means, whether You visit the Site or send us emails, or whether ZingHome posts notices on the Service or communicates with You via email. For contractual purposes, You (a) consent to receive communications from ZingHome in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ZingHome provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. The foregoing does not affect Your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. 17. GENERAL TERMS. You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between You and us will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or Your use of the Site or Services must be instituted exclusively in the federal or state courts located in the Commonwealth of Virginia and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms of Use are personal to You, and You may not transfer, assign or delegate Your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of Your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make the agreement easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between You and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. 18. VIOLATIONS. Please report any violations of these Terms of Use to This e-mail address is being protected from spambots. You need JavaScript enabled to view it 19. LAST UPDATED. July 22nd, 2009 |