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Terms & Conditions

1. Contractual Relationship This site (the “Site”) is operated by Ziing, LLC, its subsidiaries, and its affiliates (collectively “Ziing”). By accessing or using the Site, the Ziing service, or any applications (including mobile applications) made available by Ziing (collectively the “Service”), however accessed, you agree to be legally bound by the terms and conditions that follow (the “Terms”) as modified from time to time. You agree that Ziing may modify these Terms at any time and for any reason without your consent. These Terms apply to your use of the Service. These Terms constitute a legal contract between you and Ziing, and by accessing or using any part of the Service you represent and warrant that you have the right, power and authority to agree to and be bound by these Terms. If you do not agree to the Terms, or if you do not have the right, power, and authority to agree to and be bound by these Terms, you may not use the Service. 2. Basic Terms A. Age You must be at least 13 years old to use the Service. B. Inappropriate Content You may not post any violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service. C. Accounts You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Ziing prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Ziing upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. D. Credentials You agree that you will not solicit, collect or use the login credentials of other Ziing users. E. Passwords You are responsible for keeping your password secret and secure. F. Conduct You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. G. Authorized Use You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright and intellectual property laws. H. Responsibility You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service. I. Alterations You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Ziing. J. Spam and Disruptions You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Ziing users. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Ziing page is rendered or displayed in a user’s browser or device. K. Violation of Terms You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms. Violation of these Terms may, in Ziing’s sole discretion, result in termination of your Ziing account. You understand and agree that Ziing cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Ziing, we can stop providing all or part of the Service to you. 3. General Conditions A. Termination of Service We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time. You can deactivate your Ziing account at any time. If we terminate your access to the Service or you deactivate your account, your photos, comments, Content, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your Content), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others). B. Modification of Terms We reserve the right, in our sole discretion, to change these Terms (“Updated Terms”) from time to time. Your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms. C. Enforcement of the Service We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any username for any reason. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms. D. Interaction with Other Users You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Ziing is not responsible or liable for the conduct of any user. Ziing reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information. You hereby acknowledge and agree that Ziing shall have no liability whatsoever for the conduct of any other user or third party E. Third Party Communications There may be links from the Service, or from communications you receive from the Service, to third-party websites or features. There may also be links to third-party websites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party website or feature, including applications that connect the Service or your profile on the Service with a third-party website or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality may require you to login to your account on the third-party service and you do so at your own risk. Ziing does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Ziing is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Ziing has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Ziing Parties (defined below) harmless for activity related to the Application. F. Data Charges You agree that you are responsible for all data charges you incur through use of the Service. G. Automated Access We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Ziing’s express consent). 4. Rights A. Ownership Ziing does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Ziing a worldwide, perpetual, irrevocable, transferrable, non-exclusive, fully paid and royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner the Content that you post on or through the Service. Furthermore, other users of Ziing are authorized share/reshare any Content. Such use of the Content can be done without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Use of the Content is also subject to the provisions of Paragraph 5 – Privacy Policy. B. Advertising Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Ziing may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such. C. Right to Post Content You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction. D. Ziing Content The Service contains content owned or licensed by Ziing (“Ziing Content”). Ziing Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Ziing, Ziing owns and retains all rights in the Ziing Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Ziing Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Ziing Content. The Ziing name and logo are trademarks of Ziing, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ziing. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Ziing, and may not be copied, imitated or used, in whole or in part, without prior written permission from Ziing. E. Interruption of the Service; Storage of Content Although it is Ziing’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Ziing reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Ziing, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Ziing encourages you to maintain your own backup of your Content. In other words, Ziing is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Ziing will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. F. Responsibility of Content You agree that Ziing is not responsible for, and does not endorse, Content posted within the Service. Ziing does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms, you may bear legal responsibility for that Content. G. Content is Non-Confidential and Non-Proprietary Except as provided otherwise herein, as between you and Ziing, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Ziing is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Ziing in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Ziing, and Ziing will not be liable for any use or disclosure of any Content you provide. H. Suggestions It is Ziing’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Ziing does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Ziing is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Privacy Policy 

A. Information Collected i. Information You Provide to Us Directly • Your username, password and e-mail address when you register for a Ziing account. • Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows us to help you or others be “found” on Ziing • Content that you post to the Service. • Communications between you and Ziing. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails. ii. Finding your friends on Ziing • If you choose, you can use our “find friends” feature to locate other people with Ziing accounts either through (i) your contacts list, (ii) third-party social media sites or (iii) through a search of names and usernames on Ziing. • If you choose to find your friends through (i) your device’s contacts list, then Ziing will access your contacts list to determine whether or not someone associated with your contact is using Ziing. • If you choose to find your friends through a (ii) third-party social media site, then you will be prompted to set up a link to the third-party service and you understand that any information that such service may provide to us will be governed by these Terms. • If you choose to find your friends (iii) through a search of names or usernames on Ziing then simply type a name to search and we will perform a search on our Service. • Note about “Invite Friends” feature: If you choose to invite someone to the Service through our “Invite friends” feature, you may select a person directly from the contacts list on your device and send a text or email from your personal account. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, Ziing does not have access to or control this communication. iii. Analytics information We may use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We may collect and use this analytics information with analytics information from other users of the Service so that it cannot reasonably be used to identify any particular individual user. iv. Cookies and similar technologies When you visit the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use Ziing and provide features to you. We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party. v. Log file information Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device. When you use our Service, our servers may automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our users of the Service which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. vi. Device identifiers When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Ziing. A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled. vii. Metadata Metadata is usually technical data that is associated with Content submitted by a user of the Service. For example, Metadata can describe how, when and by whom a piece of Content was collected and how that content is formatted. Users can add or may have Metadata added to their Content including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data. This makes your Content more searchable by others and more interactive. If you geotag your Content or tag your Content using other’s APIs then, your latitude and longitude will be stored with the Content and searchable (e.g., through a location or map feature). B. How We Use Your Information i. In addition to some of the specific uses of information, we may use information that we receive to: • Help you efficiently access your information after you sign in. • Remember information so you will not have to re-enter it during your visit or the next time you visit the Service. • Provide personalized content and information to you and others, which could include online ads or other forms of marketing. • Provide, improve, test, and monitor the effectiveness of our Service • Develop and test new products and features. • Monitor metrics such as total number of visitors, traffic, and demographic patterns. • Diagnose or fix technology problems. • Automatically update the Ziing application on your device. • Ziing or other users of the Service may run contests, special offers or other events or activities (“Events”) on the Service. If you do not want to participate in an Event, do not use the particular Metadata (i.e. hashtag or geotag) associated with that Event. C. Sharing of Your Information i. Overview We will not rent or sell your information to third parties outside Ziing (or the group of companies of which Ziing is a part) without your consent, except as otherwise provided herein. ii. Parties with whom we may share your information: We may share Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Ziing is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms. We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information. iii. Parties with whom you may choose to share Content: Any information or content that you voluntarily disclose for posting to the Service, such as Content, becomes available to the public, as may be controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared Content or made it public, that Content may be re-shared by others. Subject to your profile and privacy settings, any Content that you make public is searchable by other users of the Service and subject to use under our Ziing API. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users or third parties using the Ziing API have copied or saved that information. iv. What happens in the event of a change of control: If we sell or otherwise transfer part or the whole of Ziing or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your Content. The buyer or transferee will have to honor the commitments we have made in these Terms. v. Responding to legal requests and preventing harm: We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. D. How We Store Your Information i. Storage and Processing: Your information collected through the Service may be stored and processed in the United States or any other country in which Ziing, its Affiliates or Service Providers maintain facilities. Ziing, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which Ziing, its Affiliates or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Ziing cannot ensure the security of any information you transmit to Ziing or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Ziing, at all times. Your privacy settings may also be affected by changes the social media services you connect to Ziing make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization. E. Your Choices About Your Information i. Your account information and profile/privacy settings: Update your account at any time by logging in and changing your profile settings. Unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). ii. How long we keep Content: Following termination or deactivation of your account, Ziing, its Affiliates, or its Service Providers may retain information (including your profile information) and Content for a commercially reasonable time for backup, archival, and/or audit purposes. F. Children’s Privacy Ziing does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us. G. Other Websites and Services We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Terms do not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access any Content. If you are using a third-party website or service and you allow them to access Content, you do so at your own risk. H. How to Contact Us About a Deceased User In the event of the death of an Ziing user, please contact us. We will usually conduct our communication via email; should we require any other information, we will contact you at the email address you have provided in your request. 6. Community Guidelines A. Overview • The Short • We want Ziing to continue to be an authentic and safe place. Help us foster this community. Post only Content that you own or are authorized to post and always follow the law. Respect everyone on Ziing. Don’t spam people, post nudity, or inappropriate Content. • The Long • Ziing is a reflection of our diverse community of cultures, ages, and beliefs. We’ve spent a lot of time thinking about the different points of view that create a safe and open environment for everyone. • We created the Community Guidelines so you can help us foster and protect this amazing community. By using Ziing, you agree to these Terms. We’re committed to these Terms and we hope you are too. Overstepping these Terms may result in deleted content, disabled accounts, or other restrictions. B. Share only Content that you have the right to share • As always, you own the Content you post on Ziing. Remember to post authentic Content, and don’t post anything you’ve copied or collected from the internet or other sources that you don’t have the right to post. C. Post Content that is appropriate for a diverse audience • We know that there are times when people might want to share nude images that are artistic or creative in nature, but for a variety of reasons, we don’t allow nudity on Ziing. D. Follow the law • Ziing is not a place to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms and illegal or prescription drugs (even if it’s legal in your region) is also not allowed. Remember to always follow the law when offering to sell or buy other regulated goods. Accounts promoting online gambling, online real money games of skill or online lotteries must get our prior written permission before using any of our products. • We have zero tolerance when it comes to any issues with the preceding paragraph. E. Respect other members of the Ziing community • We want to foster a positive, diverse community. We may remove content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages. • It’s never okay to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. • Serious threats of harm to public and personal safety aren’t allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of threats and consider many things when determining whether a threat is credible. F. Be thoughtful when posting newsworthy events • We understand that many people use Ziing to share important and newsworthy events. Some of these issues can involve graphic images. Because so many different people and age groups use Ziing, we may remove videos of intense, graphic violence to make sure Ziing stays appropriate for everyone. G. Help us keep the community strong • Each of us is an important part of the Ziing community. If you see something that you think may violate our guidelines, please help us by using our built-in reporting option. 7. Indemnification A. You hereby agree to indemnify and hold Ziing and its officers, directors, employees, agents, shareholders, affiliates, suppliers, successors, and assigns harmless from any and all claims, demands, losses, liabilities, expenses (including attorneys’ fees), judgments, and/or settlements arising out of or in connection with: • Your use of the Services. • Your breach or violation of any of these Terms. • Ziing’s use of your Content. • Your submission of Content which you are not the owner of such content. • Your violation of the intellectual property rights or other rights of any third party. B. If you cause a technical disruption of the Site or Service, you agree to be responsible for any and all liabilities, costs and expenses (including reasonable attorneys’ fees, fines, and costs of enforcement) arising from or related to that disruption. Upon your breach of any term of these Terms, Ziing’s remedies shall include any damages and relief available at law or in equity as well as interruption and/or termination of your access to the Site and/or Service or any portion thereof and permanent deletion or destruction of all portions of the Content within your possession, custody, or control. If Ziing retains any third party to obtain any remedy to which it is entitled under these Terms, Ziing shall be entitled to recover all costs, including attorneys’ fees or collection agency commissions, Ziing incurs. 8. Payment You understand that use of the Service may result in charges (“Charges”) to you. If Charges are applicable to your use of the Service, Ziing may facilitate your payment of the applicable Charges to a third party provider. Charges paid by you are final and non-refundable, unless otherwise determined by Ziing. As between you and Ziing, Ziing reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in Ziing’s sole discretion. You are responsible for the timely payment of any Charges that may be incurred by your use of the Service, and all taxes applicable to your use of the Service. SUBJECT TO THESE TERMS, ZIING RESERVES THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF CHARGES. If Charges apply, you agree to provide Ziing with accurate and complete registration and billing information and to promptly update such information in the event that it changes and to pay any other applicable fees incurred by your use of the Service. 9. Disclaimer YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION AND SERVICE CONTAINED IN OR PROVIDED THROUGH THE SERVICE IS AT YOUR SOLE RISK. SUCH INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZIING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, ZIING MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE ACCURACY, RELIABILITY, APPROPRIATENESS, VERACITY, VALUE, COMPLETENESS, TIMELINESS, SUFFICIENCY, QUALITY, SUITABILITY, OR AVAILABILITY OF METHODS OR INFORMATION PERTAINING TO THE SERVICE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZIING DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY SERVICE RECEIVED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. IN NO EVENT WILL ZIING BE LIABLE TO YOU, OR ANY USER OF THE SERVICE, OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE SERVICE. ANY INFORMATION OR CONTENT YOU OBTAIN THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, YOUR WEBSITE, LOSS OF DATA, OR OTHER PERSONAL LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 10. Limitation of Liability ZIING SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR REAL OR INTELLECTUAL PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICE, EVEN IF ZIING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZIING SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE. 11. Jurisdiction Ziing is headquartered in the State of Utah of the United States. These Terms and your use of this Site and the Service shall be governed by the laws of the State of Utah without regard to its conflicts of laws principles. Unless otherwise agreed to in writing, the federal and state courts located in the Utah shall be the exclusive jurisdiction for any action brought against Ziing in connection with these Terms or use of the Service. You irrevocably consent to the jurisdiction and venue of the federal and state courts located in the State of Utah, and to the jurisdiction of the federal, provincial and/or state courts located in any state or province where you are located, for any action brought against you in connection with these Terms. 12. Termination of Services You acknowledge and agree that Ziing may interrupt, terminate, discontinue, or block your access to the Service or portions thereof at any time and for any reason.