Terms
As consideration for eligibility to use the Zip Digital website and services
(the "Service") you ("You") agree to be bound by the
following Terms of Service ("Terms"). It is important that You read each of the following Terms, as the Terms represent
a legal agreement between You andZip Digital
regarding your use of the Service.
1. Eligibility.
- You
may not agree to these terms if you are not at least eighteen (18) years
of age. If you are not at least eighteen (18) years of age, your parent or
legal guardian must agree to these Terms on your behalf. By agreeing to
the Terms and/or using the Service, You represent to Zip Digital that You are either at least eighteen (18) years of age, or
your parent or legal guardian has agreed to these Terms on your behalf.
- You
must be a registered user (a "Registrant").
- You
must be a human. You may not use an automated method to register or to use
the Service.
- You
must agree to these Terms in order to use the Service. You may agree to
these Terms during registration by checking the box that provides
"[You] have read and agree to the privacy policy and terms of
service." Use of the Service also represents your acceptance of these
Terms, irrespective of whether You have
registered.
- You
must provide information requested by Zip Digital in order to complete
registration. Information You provide must be
complete and accurate.
- Your
acceptance of these Terms only grants You
eligibility to use the Service. No other person or entity is eligible to
use the Service by use of your account.
- You
shall not maintain more than one account.
2.
Provision of Service by Zip Digital.
- While
Zip Digital prohibits certain conduct and content posted on the Service
("Content"), Zip Digital is not responsible for such Content.
Therefore, use of the Service is at your own risk of exposure to materials
that may be dangerous, harmful, and/or offensive. You are solely
responsible for assuming the risk exposure to materials that may be
dangerous, harmful, and/or offensive when you use the Service.
- Zip
Digital does not pre-screen Content, but has the right to refuse or remove
any content posted on the Service at its sole discretion.
- Zip
Digital may alter or update the Service at any time without prior notice.
Any changes to Service shall be subject to these Terms. Continued use of
the Service after any such changes shall constitute your consent to such
changes. You can review the most current version of the Terms of Service
at any time at: http://deanalert.com/tos.php
- Zip
Digital may cease to provide the Service or any features within the
Services at any time without prior notice, and for any reason. If Zip
Digital ceases to provide Service You may be prevented from accessing the
Service, and any Content or data therein will no longer be accessible to
you. In the event that Service is permanently terminated, your account
will be deactivated and all Content will be relinquished, forfeited,
and/or deleted.
- Zip
Digital may terminate or refuse anyone's Service at any time and for any
reason, including for your violation of these Terms.
3.
Use of the Service by You.
- You
are responsible for any Content posted under your account, irrespective of
your actions, or your knowledge of others acting on your behalf.
- You
may not use the Service for any illegal or unauthorized purpose. You agree
to use the Service in a lawful manner, and only for the purposes intended
and permitted by these Terms.
- You
can terminate your account at any time by removing all your personal
contact information in the Edit Contact Information page. Your account may
not be terminated by your email or phone request to us.
- Upon
termination, your account will be deactivated and all Content therein will
be permanently relinquished, forfeited, and/or deleted.
4.
Security Obligations.
- You
are responsible for maintaining the security of your account and password.
- Zip
Digital shall not be liable for any loss or damages associated with your
failure to comply with the Security Obligations
5.
Proprietary Rights.
- The
visual design of the Service is copyright © 2007-2008 ICIM Corporation.
All rights are reserved. You may not duplicate, copy, or reuse any portion
of the HTML/CSS or visual design elements without express written
permission from Zip Digital.
- We
claim no intellectual property rights over the content you provide to the
Service. Your profile and the materials you upload remain yours. However,
by setting your pages to be shared publicly, you agree to allow others to
view and share your Content.
- Comments
left on the Zip Digital website are, unless
source quoted, licensed under a Creative Commons Public Domain License.
- By
using Zip Digital's services, You may be exposed
to certain confidential and proprietary information belonging to Zip
Digital that is not generally known to the public. You shall protect such
confidential information from unauthorized disclosure to any third party,
and not to use confidential information other than as authorized by these
Terms, or with written consent of Zip Digital. Your obligations with
respect to confidential information shall commence upon Your
agreement of these Terms, and continue after termination of Service, until
such information becomes publicly known other than by breach of these
Terms by You.
6. Disclaimer of
Representations and Warrants.
- The
Service is provided "as-is" and "as available." Zip
Digital disclaims any express, implied, or statutory warranties, including
but not limited to implied warranties of merchantability, fitness for a
particular purpose. No advice or information given to You
or any other Registrant by Zip Digital shall create any warranty not
expressly stated in this Agreement. Zip Digital does not represent or
warrant the quality, availability, or that any outcome will be achieved by
using the Service. Zip Digital does not represent or warrant that the
Service, or any Content provided by Registrants, will be free from error,
interruption, deletion, defect, alteration, or delay. Zip Digital does not
represent or warrant that there will not be transmission or communication
failures; server or service provider failures; computer equipment or
software failures; traffic congestion; unauthorized access to your
account; theft, destruction or alteration of Content; or damage to Your
computer resulting from your use of the Service.
7. Limitation of
Liability.
- You
agree to hold Zip Digital harmless for any Content posted on the Service;
any loss or damage resulting from any use of the Service; any
interruptions to, or non-availability of, the Service. You agree to agree
to hold Zip Digital harmless for any indirect, consequential, general,
compensatory, exemplary, incidental, special or punitive damages, or lost
revenues arising out of your use of the Service, including emotional
distress, bodily or personal injury, death and/or damage, even if Zip
Digital has been advised of the possibility of such damages.
8.
Indemnification.
- You
agree to indemnify and hold harmless Zip Digital for any third party claim
or demand asserted against You arising out of the your use of the Service.
You shall indemnify and hold harmless Zip Digital for any judgment, costs,
expenses, reasonable attorney's fees, arising out of the your use of the
Service. Your indemnification obligations shall survive the termination of
this Agreement.
9. General
provisions.
- Governing
Law. These Terms shall be governed by the laws of the Commonwealth of Kentucky.
- Assignment.
Your account may not be assigned by You or by
operation of law to any other person, firm, or corporation.
- Merger.
These Terms shall constitute the entire agreement between the parties and
supersede all communications, negotiations, arrangements and agreements,
whether oral or written, with respect to the subject matter of these
Terms.
- Survival
of Certain Provisions. The Indemnification and Proprietary Information
obligations specified in these Terms shall survive the termination of the
account or use of the Service.
10. Opt In
or Out.
1.
Opt In: Text JOIN to 75705.
2.
Opt Out: Text STOP to 75705 to
cancel.
3.
Support: Text HELP
to 75705 for help or call 1-800-727-4246 or email support@planettele.com.
11.
Carriers Supported.
1.
Alltel, AT&T, Boost, Cellcom, Cellular One, Cellular South, Cincinnati Bell, nTelos, Nextel, Sprint, T-Mobile, Verizon Wireless, Virgin,
US Cellular.