These Terms of Service (these “Terms”) explain how you can use the Zones mobile apps, websites, services and software (collectively “Zones”), provided by Zones, Inc., (“Zones,” “we” or “our”) so please read these Terms before you get started. They apply to all visitors, users and others who access Zones (“users”).
Zones is a mobile dating app. When you add your Facebook, Twitter, Instagram of VK account, you authorize Zones to securely access your personal data and photos using an authentication method called OAuth. Your passwords are never stored on our servers.
When signing up for Zones, you agree to provide accurate information. You also understand that you’re responsible for the activity in your Zones and for safeguarding any passwords that you use. This goes without saying, but you‘re not allowed to access another user’s account without permission.
Interfere with or disrupt any user, host, or network, for example: don’t send a virus, overload, spam, or mail-bomb to other Zones users;
Plant malware or otherwise use Zones to distribute malware;
Send unsolicited communications, promotions or advertisements, or spam;
Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
Publish anything that is fraudulent, misleading, or infringes another's rights;
Impersonate or misrepresent your affiliation with any person or entity;
Violate the law in any way, or to violate the privacy of others, or to offend others (for example, sending indecent or insulting messages and photos);
We may permanently or temporarily revoke or suspend your access to Zones without notice and liability for any reason including your violation of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.
You can use Zones only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws and regulations. Use of Zones by anyone under 18 is prohibited.
You retain ownership of any intellectual property rights that you hold in your photos and descriptions but agree to share this content with other Zones users. These Terms do not give us any rights to your intellectual property except for the rights we need to provide our services, as explained in these Terms. You are responsible and liable for anything you copy, share, upload, download, attach, send, receive, record or otherwise do while using Zones, and you represent that your images are actually yours.
By using Zones, you give us permission to do things you ask it to do with your content, for example, hosting or sharing your images.
We retain our rights title and interest in Zones, and all that makes up Zones, including, without limitation, software, design, texts, graphics, logos, patents, trademarks, service marks, copyrights, and all related intellectual property rights. Subject to these Terms, we give you a non-exclusive, limited, non-transferable, freely revocable license to use Zones for your personal use only. We reserve all rights not expressly granted in these Terms in Zones and our intellectual property. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or other brand features.
You may choose to give us feedback or ideas about Zones, including improvements (“ideas”). By submitting an idea, you agree that you’re doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.
You are responsible and liable for all what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using Zones.
We will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. Such notices should be reported as outlined in our DMCA Policy. We reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.
Some use of Zones requires you to download a client software package (“the app”). To use the app you must have a device that is compatible, so we cannot guarantee that the app will work on your device. We grant you a limited, nonexclusive, nontransferable, revocable license to use the app, solely to access Zones. Your license to use the app is automatically revoked if you violate these Terms. You may not copy, modify, distribute, sell, or lease any part of Zones or included software, nor may you reverse engineer or attempt to extract the source code of that software (unless laws prohibit those restrictions or you have our written permission or delete the copyright and other proprietary rights notices on the app).
Software from iTunes: You acknowledge and agree these Terms are solely between you and Zones, not Apple, and that Apple has no responsibility for Zones or the content sent or received using Zones. Your use of Zones must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Zones services. If Zones fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of Zones to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Zones, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Zones inc. as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to Zones or your possession and/or use of Zones, including, but not limited to: (i) product liability claims; (ii) any claim that Zones fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Zones Inc. as provider of the software. You acknowledge that, in the event of any third party claim that Zones or your possession and use of Zones infringes that third party’s intellectual property rights, Zones, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Zones acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of Zones, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right to enforce these Terms as relates to your license of Zones against you as a third party beneficiary of the software.
From time to time, we may issue upgraded versions of the app. You agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the app is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the app or a copy of the app, and Zones and our partners and suppliers retain all rights and interest in the app. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
We are constantly changing and improving Zones. We may add or remove features, and while we’ll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change Zones at any time without prior notice. We may also remove content from Zones at our discretion.
You agree to defend, indemnify and hold harmless Zones and its subsidiaries, agents, licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Zones, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your stuff or any that is submitted via your account; or (vi) any other party’s access and use of Zones with your unique username, password or other appropriate security code.
We promise to provide you with a great service, but we can’t promise everything. Zones is provided on an “as-is” and “as available” basis. Use of Zones and the software is at your own risk. To the maximum extent permitted by applicable law, Zones and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Zones and its licensors, do not warrant that the content is accurate, reliable or correct; that Zones or the software will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Zones or the software is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of Zones is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or use of the service.
To the maximum extent permitted by law, in no event will Zones, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Zones has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of the amounts paid by you in your last payment to Zones of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. Those who access or use Zones and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Zones may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Zones in our sole discretion. Zones reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. Zones is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Zones may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of Zones after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) Zones.
Governing Law: These Terms and the use of Zones services and software will be governed by California law except for its conflicts of laws principles.
Arbitration: For any dispute with Zones, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Zones has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Zones claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Zones are each waiving the right to a trial by jury or to participate in a class action.
These Terms constitute the entire and exclusive agreement between you and Zones, and supersede and replace any other agreements, terms and conditions applicable to Zones. These Terms create no third party beneficiary rights. Zone's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but may be assigned by Zones without restriction. Zones and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Please contact us firstname.lastname@example.org with any questions regarding these Terms.