T-Mobile, Nextel and Verizon Wireless do not currently support zed games and applications
AT&T
General Terms
Updated as of July 12, 2007
General Terms and conditions of Zed are available below. Plans may also be referred
to as 'clubs', 'channels' and/or 'subscriptions'. You may cancel a subscription
by sending a text message with END, STOP, QUIT, CANCEL or UNSUBSCRIBE followed by
the name of your subscription plan to 77933, 33933, 46933 or such other number as
may be designated on our Website and/or Wapsite. If you send a message with any
of these keywords followed by ALL to 77933, 33933, 46933 or such other number as
may be designated on our Website and/or Wapsite you will be unsubscribed to all
of Zed's subscription plans which belong to that Short code.
Club Zed subscription plans belong to short code 33933
zed Chat subscription plans belong to short code 46933
All other plans belong to short code 77933
Alternatively, you may call 1-877-336-9933. Or, if you are registered at www.zed.com,
just go to your personal account and click on Cancel All to unsubscribe.
Zed services are only available for compatible mobile devices. Please test your mobile device prior to subscribing to the Zed services.
Text Alert plans. Text Alert subscriptions are available through our Website. Depending on your service carrier, and the monthly plan contracted by you, Text Alerts will be priced at either $0.99 per day or $9.99 per month. All plans offer a daily Text Alert. You may cancel a subscription by sending a text message with END, STOP, QUIT, CANCEL or UNSUBSCRIBE followed by the name of your subscription plan to 77933. If you send a message with any of these keywords followed by ALL to 77933, you will be unsubscribed to all of Zed's subscription plans. Alternatively, you may call 1-877-336-9933, if you are registered at www.zed.com. Simply go to your personal account and click on Cancel All to unsubscribe.
Monthly binary plans. All Monthly binary plans except Club Zed are $5.99 per month and they include a free monthly gift. Zed offers the following plans: Polytune Plan: 5 polyphonic ringtones/month; Fx Plan: 5 funsounds/month; Icon Plan: 8 wallpapers/month; Funmotion Plan: 5 animated wallpapers/month ExtraP Plan: 3 Zedxclusive games/month. Unused credits at the end of the 30 day subscription period will be reset to zero. To cancel any monthly plan except Club Zed send a text message with END, STOP, QUIT, CANCEL or UNSUBSCRIBE followed by the name of your subscription plan to 77933
Club Zed is a monthly subscription priced at $9.99/month. Subscribers can obtain up to 30 products per month. Credits can be redeemed via the website at www.zed.com, and, for AT&T and Sprint subscribers, through the Club Zed wap site. A maximum of 8 products per month may be downloaded via the website. The type and quantity of products that may be obtained depend on the subscriber’s carrier.
The following chart shows the Club Zed conditions by carrier:
Carrier
Type of product
Products per month
Product limits per month
Alltel
Text alerts
30
NA
Boost
Text alerts
30
NA
AT&T
Ringtones*, graphics*, java games, software and text alerts
30
4 java games and software
Dobson / Cellular one
Text alerts
30
NA
Nextel
Text alerts
30
NA
Sprint
Ringtones*, graphics*, java games, software and text alerts
30
4 java games and software
T-Mobile
Ringtones*, graphics* and text alerts
30
8 Ringtones* and graphics*
Verizon Wireless
Ringtones*, graphics* and text alerts
30
8 Ringtones* and graphics*
* Soon available. Now only text alerts
To cancel your subscription to Club Zed send STOP CLUB to 33933. Alternatively, you may call 1-877-336-9933 or, if you are registered at www.zed.com simply go to your personal account and click on Cancel All to unsubscribe.
zed Chat: This is a monthly plan billed $9.99/month. Users obtain 33 messaging credits and 4 contacts per month. Unused credits at the end of the 30 day subscription period will be reset to zero. To cancel this plan send a text message with END, STOP, QUIT, CANCEL or UNSUBSCRIBE followed by CHAT to 46933.
• WELCOME TO ZED USA CORPORATION AT www.zed.com .PLEASE READ THESE TERMS CAREFULLY. WE STRONGLY ADVISE THAT YOU PRINT A COPY OF THESE TERMS OR MAKE A COPY ON THE HARD DISK OF YOUR COMPUTER. PLEASE NOTE THAT SERVICES COVERED BY THIS AGREEMENT MAY NOT BE CANCELLED BY YOU OTHER THAN AS DETAILED IN THESE TERMS OF SERVICE ONCE THE PROVISION OF THOSE SERVICES HAS COMMENCED. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT PROCEED ANY FURTHER ON THIS SITE, WITH REGISTRATION OR WITH ANY ATTEMPT TO ACCESS OR USE THE SERVICES COVERED BY THESE TERMS OF SERVICE. OTHERWISE YOU AGREE TO USE THE SERVICES ON THE TERMS SET OUT IN THIS AGREEMENT. WE MAY NEED TO VARY THESE TERMS FROM TIME TO TIME AND ANY SUCH CHANGES WILL BE UNDERTAKEN IN ACCORDANCE WITH THESE TERMS. PLEASE CHECK THIS SITE REGULARLY AS WE WILL NOTIFY YOU HERE OF ANY SUCH CHANGES.
• Service Description. Zed USA Corporation d/b/a ZED, (interchangeably "ZED", "we", "our", "us") currently provides users with access to a variety of products and services through its on-line (World Wide Web) and SMS (Short Message Service) services (collectively the "Service"). The Service may also include access to products and services of independent third parties either directly or via links to sites and Content (as herein defined) operated and provided by third parties. Where reasonably possible, ZED will indicate the products and services provided by third parties as such. Even though they may be co-branded with ZED and so include ZED’s trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. ZED WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.
• Applicable terms and conditions. The Service and all products and services that may be accessed through the Service are made available to you subject to these Terms of Services ("Terms"). The Terms are in addition to any specific ZED or third party terms and conditions applicable to products and services, which may be posted from time to time in connection with such products and services ("Specific Terms" ). In case of any discrepancy between these Terms and such Specific Terms the latter will prevail.
• Trademarks. "LaNetro ZED", "ZED" and other marks indicated in the Service or on the Site are trademarks of ZED. ZED’s trademarks and trade dress may not be used in connection with any product or service that is not ZED’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ZED. All other trademarks not owned by ZED that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ZED.
• Electronic Communications. When you access or use the Service or send SMS, e-mails or other such communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by SMS, e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal or contractual requirements that such communications be in writing.
• Equipment and Software. In order to use the Service, you must have a mobile communications subscription or otherwise have access to the Service on the network in which ZED makes the Services available ("Subscription"), and pay any service fees associated with such access. In addition, you must provide all equipment and software necessary to make such connection, including a mobile hand set or other access device and ensure that they are in working order and suitable for use in connection with the Service. You are responsible for ensuring that that equipment and software do not disturb or interfere with ZED’s operations. Any equipment or software causing interference will be immediately disconnected from the Service. If any upgrade or change the Services requires changes in your equipment or software, you must effect these changes at your own expense.
• Registration and Registration Data. Upon your request, ZED may register you as a user and provide you with access to the Service by allocating you a personal username and password. ZED may need to change usernames allocated to certain of its Services and reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products and services made available through the Service. You alone are responsible for maintaining the confidentiality of any possible password and account. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form (such information being the "Registration Data"), (b) maintain any password and username that we provided to you in confidence and not allow any one else using such information to access or use the Service, and (c) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If ZED has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, ZED has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion of them). Prior to any such withdrawal ZED will temporarily withdraw the Service and notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent. Please note your obligations hereunder (Responsibility for Using the Service).
• Access without registration. ZED may provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that ZED deems appropriate. Identification is typically based on data identifying your Subscription, such as your Subscription number [or MS ISDN number provided by your network operator]. You agree that such information may be collected and disclosed to ZED and used in accordance with the Terms.
• Privacy. ZED is committed to the privacy of its customers. You acknowledge that ZED collects and processes Registration Data and information on your use of the Service including any personally identifiable information contained therein for the purposes detailed in its “Privacy Policy” and that such collection and processing is governed by the terms of its Privacy Policy. ZED’s Privacy Policy is available at Privacy Policy. As global companies, ZED and its affiliated companies increasingly go beyond the borders of one country and information collected and processed pursuant to your access to and use of the Services may be transferred to and from the United States in accordance with the Privacy Policy. PLEASE REVIEW OUR PRIVACY POLICY BEFORE YOU SUBMIT ANY REGISTRATION DATA OR ATTEMPT TO USE OR ACCESS THE SERVICE.
• Submissions. Except for personally identifiable information (if any), which is covered by our Privacy Policy, all information of any kind that you transmit to ZED, including but not limited to questions, comments, suggestion, ideas, concepts, know-how, techniques or the like, shall be deemed to be non-confidential and ZED shall have no obligation of any kind to you with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation for any purpose whatsoever including but not limited to researching, developing, manufacturing, selling and marketing products or services based upon or incorporating such information.
• Responsibility for the use of the Service. You are fully responsible for all activities that occur under your password or account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to (a) immediately notify ZED in case you become aware of or suspect unauthorized use of your password, username or Subscription or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ZED cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms and Conditions herein set forth.
• Conduct and Prohibited activities. Any conduct or activity that we believe restricts or inhibits any other user from accessing, using, or enjoying the Service will not be permitted. You agree to use the Service only for lawful purposes. You agree not to use the Service or services available via the Services to: (a) upload, make available, send or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a ZED official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, make available, send or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or any Content that you do not have a right to transmit under applicable law or under contractual or fiduciary relationship (such as information disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, send or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "Spam", chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (f) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (g) "stalk" or otherwise harass another. Furthermore, you agree not to: (a) manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (b) intentionally or unintentionally violate any applicable local, state, national or international law; or (c) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
• The Nature of Content. The Service will include access to information, data, text, software, music, sound, photographs, graphics, video, message or other materials transmitted, displayed or made available through the Service ("Content"). Neither the Services, nor any of the Content, is intended to supply tax, accounting or legal advice, advice regarding the suitability or profitability of any security or investment, any health or medical advice, or any other advice of a personal or private nature. Although the Services may provide access to information and recommendations and research about the foregoing topics, ZED does not guarantee that such recommendations are suitable to you or for any other person. You will make your own independent evaluation of the suitability of such recommendations. You assume full responsibility and liability for any and all tax, accounting, legal, investment, medical, health, or other personal decisions made by you.
• Third Party Content. We may make available through the Service links to third party content, websites and the like. ZED does not control and is not responsible for any such linked third party content, or any changes or updates to such third party content. We provide such links to you for your convenience and do not endorse any third party content or its use.
• Responsibility for Content provided by you. You will be responsible for any content delivered through your account. In particular, you are responsible for making sure that no content sent by you or through your account cause interference to the network, infringe copyrights or other rights, or violate these Terms, good practice (including so-called SPAM mass deliveries), legislative provisions or regulations issued by the authorities.
• ZED’s right to refuse Content. You acknowledge that ZED does not monitor Content, but that ZED may (without any obligation to do so), at its sole discretion, refuse or remove any Content that you or any third party make available via the Service. Without limiting the effect of this clause, ZED shall have the right to remove any Content that violates any law, regulation, these Terms, the Specific Terms or is otherwise objectionable (as determined by us in our sole discretion). You agree to evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
• ZED’s right to disclose information. You acknowledge and agree that ZED may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ZED, its users and the public.
• Use of content of third parties. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Content you post into public areas of the Service, including but not limited to chat groups, message boards and other areas accessible to large or unlimited number of users of the Service or other persons, is or may be accessible to other users of the Service or other persons. Accordingly you grant other users of the Service, ZED or other persons having access to such Content a royalty-free, irrevocable and worldwide license to use and reproduce, modify, and translate such Content in association with the Service.
Intellectual Property in the Services. You acknowledge and agree that the Service, any software used in connection with the Service (“Software”), and usernames allocated to you contain proprietary and confidential information that is protected by applicable intellectual and industrial property and other laws and which belongs to ZED or third parties. You will not acquire ownership of any worldwide intellectual property rights in Software or usernames by virtue of your use of the Services. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ZED, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by ZED for use in accessing the Service. ZED hereby grants you a license to make a single copy of the Content on the equipment you use to access the Service and to use and display such copy of the Content on such equipment for private non-commercial purposes. Without ZED’s prior permission, you agree not to display or use in any manner, the trademarks, trade names or logos used in connection with the Service.
• Fees. The fees and terms of payment are made available through your handset, in the Specific Terms, on the Site or as otherwise disclosed to you. You agree to pay for the Services and the use thereof in accordance with the fees applicable from time to time. Unless otherwise indicated, the charges will be invoiced on your mobile operator’s bill (i.e. on the bill related to the use of the mobile subscription with which you have accessed the Service). ZED may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with the said third party. Such charges will be invoiced in accordance with the fees of such third parties.
• Price changes. ZED reserves the right to change the fees for the Service from time to time by posting details of such changes on the Site or in other publicity materials.
• Overdue payments. Any overdue unpaid amount will bear an interest of four per cent (4%) per annum or the highest interest allowed by applicable law, which ever is lower.
Invitations to order. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services will be deemed as a binding offer by ZED, but an invitation for you to order.
Contract for the Service. The contract for the Service between you and ZED will be deemed concluded when ZED, upon your request (order), has provided you with access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that ZED deems sufficient for your identification or identification of your handset).
Contracts for products and services purchased through the Service. In respect of contracts for the products and services of ZED and independent third parties which are made available through the Service, these will be deemed concluded when ZED or the third party which has accepted your order for the same or has provided you with the product or service pursuant to your order.
Assignment. You may not assign or otherwise transfer the contract or assign, transfer or sub-license any of your rights hereunder. ZED will have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party of which notice in writing will be given to you provided such assignment is made under terms no less favorable to you than those in these Terms. After a notice concerning the transfer of receivables, payments will be valid only when made to the new service provider.
Children.
ZED is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Service is not intended for and may not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and do not target our Service to children under 13.
If you are 13 or younger, you are prohibited from accessing and using Service. If applicable laws prohibit you from entering into a valid and enforceable agreement with us because of your age – in many cases, because you are less than 18 years of age – you are prohibited from accessing and using Service.
BY USING THE SERVICE, YOU WARRANT TO ZED THAT YOU ARE ABOVE THE AGE OF 13 AND ENTITLED TO ENTER INTO A VALID AND ENFORCEABLE AGREEMENT WITH US.
• Right to modify Services. ZED will have the right to provide the Service, as it deems best but will try to ensure that the Service is of no lesser standard than as at the date these Terms were entered into. Subject to your right to be reimbursed fees in accordance with these Terms, ZED reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a service is or the Services are to be permanently discontinued by ZED it will notify you of this fact.
• Service Upgrades. If any upgrade in a service requires changes in your equipment or software, you must effect these changes at your own expense. ZED will inform you of any such alterations in the Service in advance. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services, including the release of new services, will be subject to these Terms.
• General practices. You acknowledge that ZED may establish general practices and limits concerning use of the Service (such as maximum number of days that uploaded Content will be retained by the Services and the maximum disk space that will be allotted on ZED’s servers on your behalf). You acknowledge that ZED reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ZED reserves the right to change these general practices and limits at any time, at its sole discretion, without notice.
• WARRANTY DISCLAIMER: The Services and all elements thereof
are provided “AS IS” and “AS AVAILABLE”; without warranty
of any kind, express or implied. ZED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. ZED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ITS
WEBSITE WILL BE UNINTERRUMPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ZED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OF THE WEBSITE OR THE SERVICES IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
ZED’S SITE MAY CONTAIN LINKS TO OTHER INTERNET SITES. ZED MAKES NO ENDORSEMENTS
OR APPROVALS OF ANY OF THE PRODUCTS, SERVICES OR INFORMATION THAT ARE CONTAINED
IN SUCH SITES. ZED IS NOT RESPONSIBLE FOR THE CONTENT OF SITES THAT ARE LINKED TO
THIS SITE. ZED RESERVES THE RIGHT TO CHANGE, ALTER OR DELETE ANY INFORMATION ON
THIS PAGE OR THIS SITE. YOU AGREE TO BE BOUND BY THE ADDITIONAL CHANGES, ALTERATIONS
OR DELETIONS WHENEVER YOU VISIT ZED’S SITE, ZED MAKES NO COMMITMENT TO UPDATE
THE INFORMATION OR MATERIAL CONTAINED ON THIS PAGE OR THIS SITE. SOME STATES AND
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. The foregoing shall be enforceable to the maximum extent permitted
by applicable law.
• CONTENT. YOU UNDERSTAND THAT THE CONTENT IS THE SOLE RESPONSIBILITY
OF THE PERSON FROM WHOM SUCH CONTENT ORIGINATED. UNLESS EXPLICITLY STATED TO THE
CONTRARY, ZED DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE OR MADE AVAILABLE
USING THE SERVICE AND DOES NOT WARRANT THE ACCURACY, AVAILABILITY, INTEGRITY, OR
QUALITY OF SUCH CONTENT. ZED WILL NOT BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING,
BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, OTHERWISE TRANSMITTED
VIA OR MADE AVAILABLE USING THE SERVICE.
INTELLECTUAL PROPERTY, INCLUDING CONTENT AND TRADEMARKS, MAY BE OWNED BY A THIRD
PARTY AND IN SUCH INSTANCES ALL SUCH INTELLECTUAL PROPERTY IS THE PROPERTY OF ITS
RESPECTIVE OWNER.
• SERVICES. ZED MAKES NO WARRANTY THAT (i) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE (OR ANY SERVICES AVAILABLE THROUGH ZED’S
SERVICES) WILL BE ACCURATE OR RELIABLE, (ii) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS BASED ON THE INFORMATION AVAILABLE TO YOU IN CONNECTION
WITH THE SERVICE AT THE DATE OF ACCEPTING THESE TERMS, AND (iii) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED;
• DOWNLOADING OF CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS OF THE
DOWNLOAD OR USE OF SUCH MATERIAL;
• SECURITY MEASURES. ZED WILL USE REASONABLE EFFORTS TO SECURE
ANY INFORMATION THAT YOU TRANSMIT OR STORE THROUGH THE SERVICE IN ORDER TO PREVENT
UNAUTHORIZED ACCESS BY THIRD PARTIES. YOU ACKNOWLEDGE, HOWEVER, THAT ZED IS UNABLE
TO EXERCISE FULL CONTROL OVER THE SECURITY OF INFORMATION PASSING OVER THE NETWORK
UTILIZED BY THE SERVICES OR VIA THE SERVICE, AND ZED HEREBY EXCLUDES ALL LIABILITY
OF ANY KIND FOR UNAUTHORIZED ACCESS TO INFORMATION PASSING OVER THE NETWORK OR VIA
THE SERVICE.
• GENERAL WARRANTIES. (A) THE SERVICES ARE INTERNET AND SMS
MESSAGE DRIVEN AND ZED IS NOT ABLE TO CONTROL EFFICIENCY OF ALL NETWORKS IN THEIR
ENTIRETY OVER WHICH THE SERVICES (AND INDIVIDUAL ZED OR THIRD PARTY SERVICES) ARE
SUPPLIED. THEREFORE ZED ASSUMES NO RESPONSIBILITY FOR ANY DISRUPTION TO THE SERVICES/INDIVIDUAL.
ZED WILL USE ALL REASONABLE EFFORTS TO RECTIFY ANY SUCH DISRUPTION AS SOON AS REASONABLY
PRACTICABLE. FURTHER ZED MAKES NO REPRESENTATION OR WARRANTY AND ASSUMES NO RESPONSIBILITY
FOR THE DELAYS IN PROVISION OF THE SERVICES/INDIVIDUAL ZED SERVICES, DISTORTION,
DELIVERY OR STORAGE FAILURE WITH REGARD TO ANY CONTENT, COMMUNICATIONS OR PERSONALIZED
SETTINGS OR THE EQUIPMENT USED BY YOU IN RELATION TO THE SERVICES OR INDIVIDUAL
ZED SERVICES;(B) WHEN USING THE INTERNET SERVICES YOU MAY FIND FROM TIME TO TIME
SITES AND ADDRESSES WHICH YOU WISH TO VISIT HAVE BEEN DISCONNECTED OR CANNOT BE
FOUND. ZED IS NOT RESPONSIBLE FOR MAINTAINING ANY SITE OR ADDRESS OTHER THAN OUR
OWN AND CANNOT GUARANTEE THE CONTINUED AVAILABILITY OF ANY OTHER PERSON’S
SITE OR ADDRESS. ZED WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION,
SUSPENSION OR DISCONTINUANCE OF THE SERVICE OR ANY PART THEREOF NOT WITHIN OUR REASONABLE
CONTROL;(C) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
ZED OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THESE TERMS.
• NOTHING IN THESE TERMS LIMITS OR EXCLUDES EITHER ZED’S OR YOUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR OR YOUR EMPLOYEE’S OR YOUR NEGLIGENCE, OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
• UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE) SHALL ZED, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, CONCTRACTORS, AGENTS, EMPLOYEES, LICENSORS AND ASSIGNS, OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF, OR BY YOUR USE OF, OR ACCESS RESULTING FROM LOSS OF USE, DATA OR PROFITS; COMPUTER FAILURE OR MALFUNCTION; OR ANY AND ALL OTHER DAMAGES OR LOSSES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH ZED’s SITE OR THE SERVICES ISTO TERMINATE. YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE REMEDY, WITH RESPECT TO ANY SERVICES PROVIDED BY ZED, IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES.
• SUBJECT TO PARAGRAPH "b" ABOVE, ZED’S MAXIMUM LIABILITY FOR LOSSES DIRECTLY RESULTING FROM A BREACH OF THESE TERMS OR OUR NEGLIGENCE WILL BE LIMITED IN RESPECT OF ANY ONE EVENT OR A SERIES OF CONNECTED EVENTS TO BE NO MORE THAN THE FEES PAID BY YOU TO US UNDER THESE TERMS OR $100, WHICHEVER IS GREATER. YOU WILL NOT USE THE SERVICE IN ANY CASE WHERE DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY ERROR OCCURS AND YOU EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.
• Exclusions and Limitations. 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 may not apply to you.
• Indemnification. You agree to release, indemnify, defend and hold harmless ZED, its parent company, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations, warranties, and covenants set forth herein.
Termination of the Service. (a) You agree that ZED, at its sole discretion, may terminate your use of the Service or individual services provided via the Services, and remove and discard any Content within such services, if you remain in breach of these Terms for more than 7 days from notice of such fact. (b) Both ZED and you may terminate the Services provided under these Terms by submitting a notice. Termination will be effective at the end of the calendar month following the month when you gave your notice of termination.
If you cancel your account or subscription for any reason, ZED will not refund any of your fees paid to date, except as expressly agreed to by us in writing.
Suspension of the Services. ZED may suspend all or any of the Services (or individual services provided via the Services), for lack of use, or if ZED believes that you have violated or acted inconsistently with Terms.
Deletion of account information on termination. You agree that on any termination of your access to the Service under any provision of this Terms ZED may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ZED will not be liable to you or any third party for any termination of your access to the Service.
Notices. You will send any notices related to this contract to the following address: ZED USA Corp., 2100 Salzedo Street, Suite 200, Coral Gables, FL 33134. ZED will serve notices related to these Terms by posting them on the Site or by sending them to the address or e-mail address you have given to ZED pursuant to these Terms, or as a text message to your mobile Subscription number. Notices sent by mail will be deemed received seven days after they were sent. Notices posted on the Site or sent by e-mail or as a text message will be deemed received on the weekday following the day when they were posted or sent.
Changes to Terms. ZED reserves the right to change these terms and conditions from time to time. Changes will be notified to you by posting on the Site or by sending you a notice pursuant to the Terms hereof. Changes in this manner will be deemed to have been accepted if you continue to use the Service after a period of two weeks from the date of posting on the Site or from the notice.
Reasonable Control. ZED will not be responsible for non-compliance with the terms of these Terms where such non-compliance results from matters beyond ZED’s reasonable control.
The Terms and the relationship between you and ZED will be governed by the laws of State of Florida, United States of America without regard to its conflict of law provisions. The failure of ZED to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision to the fullest extent permitted by law, and the other provisions of these Terms remain in full force and effect. ZED USA Corp is a company organized and existing under the laws of the State of Florida, United States of America whose registered office is at 2100 Salzedo Street, Suite 200, Coral Gables, FL 33134
These Terms shall be construed and interpreted in accordance with the law of the State of Florida, United States of America, which shall govern these Terms and any controversy or claim arising out of or relating to the Terms or the use of the Services, without regard to conflict of laws principles.
Jurisdiction. (a) Each User irrevocably submits to the exclusive jurisdiction of the courts of Miami-Dade County, Florida, United States of America, in connection with any action or proceeding relating in any way to these Terms or the use of the Services.
(b) Each User irrevocably waives, to the fullest extent permitted by applicable law, any objection that they may now or hereafter have to the laying of venue of any proceeding brought in the courts of Miami-Dade County, Florida, United States of America.
(c) Each User irrevocably waives, to the fullest extent permitted by applicable law, any claim that any proceeding should be dismissed or stayed by reason, or pending the resolution, of any action or proceeding commenced by the User relating in any way to these Terms or the use of the Services, whether or not commenced earlier.
WAIVER OF RIGHT TO TRIAL BY JURY. EACH OF THE PARTIES IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND OR CAUSE OF ACTION RELATING IN ANY WAY TO THE TERMS OR THE USE OF THE SERVICES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE, AND AGREES THAT ANY PARTY MAY FILE A COPY OF THIS SECTION WITH ANY COURT AS EVIDENCE OF THE WAIVER OF ITS JURY TRIAL RIGHTS.
• Invitations to order. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services will be deemed as a binding offer by ZED, but an invitation for you to order.
• Contract for the Service. The contract for the Service between you and ZED will be deemed concluded when ZED, upon your request (order), has provided you with access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that ZED deems sufficient for your identification or identification of your handset).
• Contracts for products and services purchased through the Service. In respect of contracts for the products and services of ZED and independent third parties which are made available through the Service, these will be deemed concluded when ZED or the third party which has accepted your order for the same or has provided you with the product or service pursuant to your order.
• Assignment. You may not assign or otherwise transfer the contract or assign, transfer or sub-license any of your rights hereunder. ZED will have the right to assign its rights and obligations under these Terms and any receivables based on this contract to a third party of which notice in writing will be given to you provided such assignment is made under terms no less favorable to you than those in these Terms. After a notice concerning the transfer of receivables, payments will be valid only when made to the new service provider.
• Children.
o You must be a legal resident of the United States of America and at least 18 years of age to agree to and enter into this Agrement on your own behalf or on behalf of someone else. If you are under the age of 18, your parent or legal guardian must register for you, and agree to be bound by these Terms and Conditions on your behalf. By indicating your acceptance to this Agreement, you represent that (i) you have read, understood and agree to be bound by these terms and conditions, and (ii) that you are at least 18 years of age, either entering into this Agreement for yourself or on behalf of a minor in your care. If you are a parent or guardian entering this Agreement for the benefit of a minor, please be aware that you are fully responsible for his/her use of the Service, including all financial charges and legal liability that he/she may incur.