TERMS & CONDITIONS

Welcome to ZEAL! Below you will find the General Terms and Conditions (GTC) governing the use of www.zealremote.com and all of its sub-domains and aliases of these domains (ZEAL Website(s) or Website(s)). When using the ZEAL Websites please bear in mind that www.zealremote.com is a collaborative online community, and any information you disclose about yourself and everything you upload can generally be freely viewed, copied, used, and passed on by others. By registering to use the ZEAL Websites you consent to the following GTC.

 

//

​

​​These General Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ZEAL Remote (“we,” “us” or “our”), concerning your access to and use of the ZealRemote.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these GTC. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Site is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to the GTC prior to you using the Site.

 

//

​

Services

• ZEAL provides the user with an internet platform that incorporates technical applications that allow the user to establish contact and share information with other users. This service as being made available via the ZEAL Websites includes upload, download, and posting options regarding materials and information which ZEAL, the user, or other users want to share on the ZEAL Websites (content(s)). The ZEAL online platform also provides for a technical function that automatically matches similar user profiles by comparing certain criteria of such profiles, experiences, locations, accommodation, events and more. The services are described in detail on the ZEAL Website.

• ZEAL does not take part in any communication between users and is not responsible for or party to any agreements that users make by communicating over ZEAL Websites. The principles set forth in this Section shall also apply to any agreements between users and third-party service providers providing supplemental services embedded in or linked to the ZEAL Websites. Such third-party service providers are acting independently from ZEAL, and ZEAL does not accept any liability for third parties’ acts or omissions.

• Users who want to take advantage of the services provided on ZEAL Websites have the option to register for a free membership (General User) or for a paid membership in a travel-related community forum (Early Access Membership, Early Lifetime Membership or VIP Memberships). ZEAL reserves the right to upgrade registrants from the General Users or Lifetime Memberships to a temporary VIP Membership free of charge during the beta period of ZEAL Websites or for general promotional purposes at any time thereafter. The terms of such upgrade shall be determined at the sole discretion of ZEAL.

• The services include offers to join certain groups or subgroups and other forums on the ZEAL Websites (groups). The user acknowledges that these groups may be established by other users of the services and accordingly, the user moderating the respective group is free to choose whether the user may join or remain in the group. ZEAL is not responsible or liable for the participation or any action of the user or any other users, including the group moderator, in the group.

• ZEAL reserves the right to modify the services or to offer services different from those offered at the time of the user’s registration at any time provided such modifications are based on good reason and not unreasonable for the user. ZEAL shall give due notice of any amendments of services to the user via the user’s email address and/or by placing a notice in the user’s personal inbox in his/her Membership Section on the ZEAL Website. The amendments to the Services shall be effective from that point in time unless the user objects within four (4) weeks after receipt of the said notice by communicating his/her objection through the contact form as available on each ZEAL Website under Contact, provided that ZEAL has explicitly informed the user about the consequences of user’s non-objection.

• The user understands that it is technically impossible to offer or guarantee a 100% availability of the ZEAL Websites. ZEAL will make reasonable efforts to keep the ZEAL Websites available without unplanned interruption. However, maintenance, security or other planned actions, and/or events beyond ZEALs’ reasonable control (e.g. disruptions in public communication networks, power failures), may cause temporary interruptions or other failures of the services.

​

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, resources, checklists, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in the GTC, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that: [(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;] (3) you have the legal capacity and you agree to comply with these GTC; [(4) you are not under the age of 18;] (5) not a minor in the jurisdiction in which you reside[, or if a minor, you have received parental permission to use the Site]; (6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

​

Registration

• ​To sign up for an Early Access Membership, Early Lifetime Membership or VIP Memberships users must apply for membership by completing the registration procedure on the ZEAL Website. By completing the registration procedure, the user consents to enter into this agreement to use the services. ZEAL accepts this offer by activating the user’s membership and personal account.

• The user guarantees that the information submitted to ZEAL for registration is complete and truthful. The user shall not use pseudonyms or nicknames, however, ZEAL may allow exemptions at its sole discretion. The user shall keep the user’s profile up to date, in particular with regards to the user’s email address. The user shall ensure that ZEAL can establish contact at all times with the user via the contact details provided by the user in the user’s profile on the ZEAL Website. However, ZEAL will preferably make any communication with the user via the user’s personal Membership Section on the ZEAL Website.

• ZEAL reserves the right to refuse membership of any user for any or no reason. A user has no right to membership within the ZEAL community.

• The user hereby confirms that the user is of legal age at the time of registration and has not already registered with ZEAL, i.e., only maintains one (1) user account.

• User accounts are not transferable.

• During registration, the user must determine a password which they will use to identify themselves to access the Website(s), the services, and the user’s personal account. The user is responsible for keeping the password secret and preventing other persons from accessing the user’s account via this password. The user agrees to notify ZEAL immediately of any unauthorized use of the user’s password or account or any other breach of security through the contact form available on each ZEAL Website under Contact. The user promises to immediately inform ZEAL if there is any indication that the password is being used by third parties. ZEAL will not be liable for any loss or damage arising from the user’s failure to properly comply with this section.

• As far as the user is in breach of the provisions in this Section, ZEAL shall be entitled to terminate this agreement for good cause with immediate effect, to block the user’s account and/or to prevent further use of the services and the website(s) by the user. Any other rights of ZEAL shall remain unaffected.

 

Prices and Payment

• The prices for the Early Access Membership, Early Lifetime Membership or VIP Memberships are set forth on each ZEAL Website under Membership in your account section and shall be binding. The total amount shall be due immediately upon invoicing and can be affected by any of the debiting procedures made available by ZEAL. The user is aware of the fact and agrees that in case of online debiting procedures (i.e. payment via credit card or crypto) any data (e.g. name, credit card number, expiry date, bank details, etc.) which is necessary for the due processing of such payment will be transferred to third parties involved in the execution of the debiting procedure (e.g. operator of payment module, credit card acquirer, and the bank issuing the credit/debit card).

• The user shall at all times provide sufficient funds to allow for collection of any fees in the course of the debiting procedures designated by the user. Any costs (such as bank charges etc.) triggered by the failure to do so shall be borne by the user.

• ZEAL reserves the right to amend the prices for future provisions of the services. Any price amendments shall become effective one (1) month after due notice by ZEAL of the amendment via the user’s email address and/or by placing a notice in the user’s personal inbox in his/her Membership Section on the ZEAL Website. The user may terminate the agreement within two (2) weeks after receipt of the said notice by sending the notice of termination through the contact form as available on each ZEAL Website under Contact.

• The user accepts that he will receive all invoices as PDF files via his personal Membership Section on the ZEAL Website. ZEAL will not send a copy of the invoices also by mail to the user.

 

User’s Obligations

• The user shall only provide true and accurate personal, social, and professional information and shall not post on ZEAL Websites any photographs identifying the user which are older than three (3) years or on which the user cannot be clearly and plainly recognized. The user shall not use any nicknames or pseudonyms to identify the user.

• USER-GENERATED CONTRIBUTIONS. The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and the GTC.

  • you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and the GTC.

  • your Contributions are not false, inaccurate, or misleading.

  • your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  • your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

  • your Contributions do not violate any applicable law, regulation, or rule.

  • your Contributions do not violate the privacy or publicity rights of any third party.

  • your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

  • your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

  • your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  • your Contributions do not otherwise violate or link to material that violates any provision of the GTC, or any applicable law or regulation.

 

Any use of the Site in violation of the foregoing violates the GTC and may result in, among other things, termination or suspension of your rights to use the Site.

​

Prohibited Behavior.  The user shall not use, upload, post, email, send, transmit, or otherwise make available (in particular towards other users), or have others make available on the ZEAL Websites, any contents that violate laws and statutes in any manner (illegal contents), such as, but not limited to:

• Contents breaching third-party rights – e.g. copyright, performance, and commercial property rights such as brands, patents, registered designs, design rights, and also other rights, for example name and personality rights;

• contents which are insulting or defamatory, regardless of whether said contents are directed at ZEAL personnel, other companies, or another user;

• contents and actions violating criminal law, promoting anti-constitutional organizations or displaying the insignia of such organizations; contents glorifying violence; racist, pornographic, sexist contents; contents harmful to young persons; contents trafficking in narcotics, inciting or downplaying the consumption of narcotics, inciting criminal offenses, gambling, insult or slander, defamation, etc.;

• contents promoting any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling, or pyramid sales);

• contents annoying, pestering, or harassing any other user (e.g. spam, chain letters, multi-level marketing, or multi-level network marketing);

• contents which include information for which the user has no right to disclose or make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information, insider information, etc.);

• contents that contain company logos. This excludes employees of ZEAL, who may use the ZEAL logo;

• contents intended to disrupt, destroy, limit, or impair services on the ZEAL Websites or the functionality of any computer software or hardware or telecommunications equipment, in particular through robots, spiders, spamming, DOS attacks, chain mail, junk mail, scripts, etc.

• You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

• systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

• make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

• use a buying agent or purchasing agent to make purchases on the Site.

• use the Site to advertise or offer to sell goods and services.

• circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

• engage in unauthorized framing of or linking to the Site.

• trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

• make improper use of our support services or submit false reports of abuse or misconduct.

• engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

• interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

• attempt to impersonate another user or person or use the username of another user.

• sell or otherwise transfer your profile.

• use any information obtained from the Site in order to harass, abuse, or harm another person.

• use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

• decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

• attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

• harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

• delete the copyright or other proprietary rights notice from any Content.

• copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

• upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

• upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

• except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

• disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

• use the Site in a manner inconsistent with any applicable laws or regulations.

• send identical messages to more than one (1) user on the ZEAL Websites;

• disguise the origin of any communication via the services or disguise the user’s own identity while using the services in any way;

• disobey any requirements, procedures, policies, or regulations set up for the use of the services on ZEAL Websites by ZEAL;

• interfere with or disrupt the ZEAL Websites, its servers, or General Terms and Conditions of ZEAL networks connected to ZEAL. Nor shall the user engage in acts that impair the operability of ZEALs’ infrastructure, particularly those which may overload the said infrastructure;

• block, overwrite, modify, or copy any contents on ZEAL Websites unless the said actions are necessary for the proper use of the services. The use of any search engine technology is not necessary for the proper use of the services and is therefore prohibited;

• tag other users or send email invitations to non-users without their prior consent.

 

In the event ZEAL has good reason to believe that the user has breached his/her obligations under this Section 5, the user agrees that ZEAL shall be entitled to review the user’s personal data, communication and networking, however, only to the extent as required to verify such breach.

​

Granting Rights to Use

By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

The user grants ZEAL all rights necessary with respect to contents to fulfill the purpose of this agreement.
In particular, the user grants ZEAL the royalty-free, perpetual, irrevocable, non-exclusive, universally transferable, and fully sublicensable right to:

• to store all contents (in particular images, videos, text, etc.) uploaded or posted during the use of the ZEAL Websites in an electronic form,

• to make the same available to other users and third parties and to disseminate the same to other users and third parties upon demand by way of download, and also to permit other users and third parties to make virtual or physical copies of these contents for their personal or other own use,

• to reproduce, disseminate, make generally available, and broadcast all uploaded contents on all websites or other platforms and services operated by ZEAL (in particular TV, advertising, print media, radio, internet, mobile internet),

• to process the contents in a user-friendly form, make the same amenable for research and process the same such that other users and third parties can access the same at any time. This includes converting the contents into other data formats. ZEAL is also granted the right to process the contents with respect to visual appearance, font, layout, scaling etc. ZEAL shall have the right to combine the contents or parts thereof with its own or third-party contents, in particular to add links to the contents or make the same available to third parties via links,

• to amend, shorten, block, or suspend access to, and delete any contents provided by the user.

With respect to all contents described above, the user hereby waives the exercise of all moral rights as far as legally possible, in particular with respect to infringements through changes to the contents made by ZEAL or third parties.

The user hereby warrants that with respect to the entire contents furnished by the user, the user is the holder of the corresponding intellectual property rights or is entitled to use and transfer rights of use (in particular for publication, reproduction, and dissemination) to the extent necessary and required under these GTC and during the course of the contents being used on the ZEAL Websites without the infringement of any third-party rights.

The user hereby acknowledges the right of ZEAL to publish any photographs or film footage taken at ZEAL Official Events or Activities on the ZEAL Websites and/or on any platform approved by ZEAL. Should the user wish to refuse the same, the user must clearly express this wish to the photographer or cameraman at the Event or Activity. Should the user wish to have ZEAL remove a photograph already published on the ZEAL Website, the user must contact ZEAL through the contact form available on each ZEAL Website under Contact.

 

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

 

MOBILE APPLICATION LICENSE

Use License. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these GTC. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these GTC or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these GTC, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these GTC against you as a third-party beneficiary thereof.

​

SOCIAL MEDIA. As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

 

SUBMISSIONS. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

THIRD-PARTY WEBSITES AND CONTENT. The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these GTC no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

No Responsibility for the User’s and Third-Party Contents

ZEAL shall not be liable for any contents provided by or made available by any user, including the user’s contents. In particular, ZEAL does not guarantee that any such contents are true or accurate, or that it fulfills or serves any particular purpose.

If the user finds contents offensive or objectionable, or a breach of the user’s or any third-party rights, or illegal in any other way, the user shall contact ZEAL through the contact form available on each ZEAL Website under Contact. ZEAL will investigate the complaints and violations of its policies and may take any appropriate action, including, but not limited to issuing warnings, removing or blocking the contents, or terminating accounts and/or subscriptions.

The user acknowledges that the ZEAL Websites include and provide contents provided by third-party providers as well as links to websites of third parties (altogether third-party contents). ZEAL shall not be liable for any such third-party contents.

 

ADVERTISERS. We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

 

Terms of Termination, Reimbursement of Advance Payments. The GTC shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THE GTC, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THE GTC OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

This agreement shall remain valid and binding as long as the user uses the services. If the parties have agreed on a minimum service period for the Albatross Membership the term shall be automatically renewed for a further period of the same length as the minimum service period originally agreed upon (however, as a maximum such renewal may extend to one [1] year) unless terminated. Both parties may terminate this agreement without cause according to the following; both parties may terminate this agreement with cause in accordance with the following.

• Both parties may terminate the General User Membership at any time without cause.

• Both parties may terminate without cause the Early Access, Lifetime & VIP Memberships to the end of the minimum service period as chosen by the user in the course of the registration process, or to the end of any renewal period, by giving notice before the lapse of the respective period. If the user has terminated the premium Early Access, Lifetime or VIP, the user is entitled to retain a General User Membership.

• Any termination according requires that the user sends a notice of termination by sending a respective email, fax or letter to ZEAL. The termination notice shall include the user’s registered name and an email address of the user registered on the ZEAL Website.

• A party may by written notice to the other party terminate this agreement for good cause, taking into account all circumstances of the individual case and weighing the interests of either party against the other party, also considering any other adequate measures set forth here. On the part of ZEAL, this is the case in particular if

  • the user, when using the service, fails to comply with any applicable statutory legal requirements or substantial contractual obligations as set forth in these GTC;

  • there is a cause in the person of the user or in the user’s activities in relation to the ZEAL Websites which may substantially impair the reputation of the ZEAL Websites or ZEAL.

• In the event of a good cause in accordance with this agreement and notwithstanding ZEAL right to terminate the agreement, ZEAL is entitled to:

  • delete or block the contents posted by the user,

  • send the user a notice detailing the cause and claiming remedy of the cause, or

  • block the user’s access to the services.

• The user shall not be entitled to claim reimbursement of any advance payments made by the user if ZEAL has terminated the agreement or blocked the user’s access for good cause pursuant to the above sections.