Terms of Service

Last Updated: 05/08/2015 
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Zap User Agreement

Preamble:
Welcome to ZAP. In order to better serve the community, we have decided to provide a ZAP "Free" plan to any person or organization who wishes to use ZAP infrastructure for non-commercial use.

What do we mean by "Free" plan.  In short, there will be no fee for usage of ZAP services, neither on a monthly nor usage basis.  Additionally, there is no branding requirement for the usage of the "free" Plan.  Please note that these terms are subject to change at any time, however ZAP Communications Inc will make an effort to inform you of these changes in advance.

This "Free" plan is made available to entities or people operating in a non-profit non-commercial capacity.  Commercial use licenses are available at a cost.  If we deem, in our sole discretion, that your usage violates this principle of free usage for non-commercial use, we may seek remedies as described in the agreement below.  Additionally, these "Free" plans may be used to provide services through our store, however, you will need to refer to our store Developer License to determine what services you may provide while remaining on the "Free" plan.

All terms and conditions for all ZAP plans are described below, and the "Free" plan is subject to all of these conditions with the exception of those which explicitly refer to only paid plans.

1. Definitions

a. Zap Services ("Zap Services" or "Zap") and products ("products") are provided by Zap Communications Inc. ("ZCI"), located in 416 Wesley Avenue Savoy, IL 61874-9473.

b. The term ("Zap Services") refers to the Zap free and paid plan services, use of the Zap API, Zap add-ins, any other product or service provided by our website (http://zapjs.com/#) or any other related software or services. All Zap services are the sole property of ZCI.

c. The term ("You") refers to the person who is entering into the terms of this contract.

d. The term ("User") refers to any person who uses Zap Services (paid or free versions).

e. The term ("Terms") refers to this agreement also known as ("Terms of Service"). 

2. Definitions

a. By using Zap, You are agreeing to these Terms. Please read them carefully.

b. Zap Services can only be used by a user who is not legally barred from receiving Zap Services under the laws of the United States or any other country from which You use Zap Services. The User affirms that they are over the age of 13.

c. You agree not to misuse our Services. For example, interfering with Zap Services or trying to access them using methods other than those approved on our website through the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our Terms or policies or if we are investigating suspected misconduct.

d. Using our Services does not give You ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant You the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with Zap Services.

3. Account

a. You must provide complete and accurate registration information to register to use Zap Services, however registration is not required for free accounts. Password security and any account activity is your responsibility. You agree immediately notify Zap Services if unauthorized use of your account or password breach has occurred.

b. You must comply with all laws, regulations, or ordinances regarding the import and export of data and software.

c. You agree not to access (or attempt to access) the administrative interface of Zap Services by any means other than through the interface that is provided by ZCI, unless you have another written agreement with ZCI which gives you express permission to do so.

d. You agree that You will not engage in any activity that interferes with or disrupts Zap Services, any servers, or networks used by ZCI.

e. You agree not to access ZAP services for the purposes of making applications or services that directly compete with ZAP services, ZAP infrastructure, or to make an intellectual property infringement claim against ZAP.

4. Privacy Policy

a. ZCI?s privacy policies explain how we treat your personal data and protect your privacy when You use Zap Services. By using our Services, You agree that ZCI can use this data in accordance with our privacy policies.

b. You agree to our ("privacy and acceptable use policy") which is contained in this document but may be updated from time to time. Please refer back to our policy on an ongoing basis as we may change it at any time. If we change a policy, notice will be made available on our website, and the policies will not take effect for 14 days unless these are a result of legal action, in which case they may take effect immediately.

c. You agree that you will protect the rights and privacy of end Users of any application that runs on Zap Services.

d. You agree to provide any end users of your applications with privacy protections, and notice for your end users which legally protect their rights. If You require login or personal data from end Users, You must notify the end Users that these will be accessible to You and to ZCI.

5. Fees and Billing

a. Zap Services are provided through a free User or paid User basis. Refer to your plan for billing and payment details. You may refer to {my.zapjs.com} to extend your Services beyond what your current plan provides.

b. For commercial use paid accounts are available. By default the monthly cost is charged in advance for the usage of the next month. This means that you will pay your monthly premium and your account will remain active through the expiration date of the period you have paid for.  If you cease payment on a monthly plan, the service will cease to function at the end of the last paid billing cycle.


c. In some cases a per usage plan will be made available to you and you will be responsible for paying the usage or credits.  Once your credits are exhausted, your account will cease to function. 


d. You are responsible for all charges, whether monthly or by usage, and any associated taxes, government charges. You are also liable for any reasonable expenses and attorney fees that ZAP incurs in collecting any of these charges. Any charge that remains outstanding will be subject to the highest interest rate permitted by law.

e. You waive any claims relating to your charges unless you open a claim within 60 days (this does not affect the rights of your credit card issuer).

f. You agree to ZAP's measurement of use of your credits. Any refunds will be issued only at the discretion of ZAP and only in the form of additional credits for ZAP services unless specifically agreed to in a separate agreement. Nothing in this agreement obligates ZAP to extend credits to any party.

g. You agree that any credit card and billing information you provide to ZCI may be shared by ZCI to any party for the purposes of credit checks, effecting payment to ZCI, and servicing your account. ZCI may also provide this information in response to valid legal process including (but not limited to) subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. ZCI shall not be liable for any use or disclosure of such information by such third parties.

h. ZCI may change it's payment policies at any time. Any new credits will be sold in accordance to new policies, however previously purchased credits will remain valid until they are expended or expire. If You have a revolving (monthly) plan, you will be notified at least 14 days before any payment policy change takes effect.

i. You may not develop applications or systems meant to access Zap Services in such a way as to avoid incurring fees, charges, or the expending of credits.

6. Content

a. You understand that all information (such as computer software, music, audio files, sound files, data files, photographs, videos, images, or written text) to which you may have access as part of, or through your use of, Zap Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." This term specifically excludes any web application, source code, and related material that You create for use with Zap Services. These shall be known hereafter as applications ("Applications").

b. If Zap Services display any Content that is not ZCI?s, this Content is the sole responsibility of the entity that makes it available. We may review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review Content. so please do not assume that we do. ZCI may, but is not obliged to remove any Content.

c. You agree that You are solely responsible for (and that ZCI has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using Zap Services. Furthermore You are also responsible for any consequences of your actions (including any loss or damage which ZCI may suffer as a result from those actions).

d. If You become aware of any end user of your applications violation of any of our policies, You will immediately terminate that end User's account. ZCI reserves the right to disable Applications in violation of, or suspected to be in violation of, our policies.

e. You agree that ZCI is not liable and will be held harmless for the loss of, deletion of, or failure to store any Content or communication used through Zap Services. You agree that you are responsible for backing up your Applications and Content.

f. Hyperlinks to other web sites, Content, resources or email Content may be included by Zap Services. ZCI has no control over Content or resources on web sites which are not administered by ZCI.

g. You acknowledge and agree that ZCI is not responsible for the availability of any external resources and does not endorse any advertising, products or other materials available from these resources.

h. You acknowledge and agree that ZCI is not liable for any loss or damage which may be incurred by You or your end Users as a result of reliance on the availability, completeness, accuracy, or existence of external sites or resources.

7. Proprietary Rights

a. The User recognizes that Zap Services and all associated technology including source code, products, add-ons, copyrights, and intellectual property are all owned by ZCI and that all legal title, interest and right are also owned by ZCI, whether these rights or titles are registered or not. Furthermore, only ZCI (or it's licensors) can legally exercise these rights.

b. ZCI recognizes that You retain ownership of any intellectual property rights that You hold in any Content or applications that You create, post, transmit, post, or otherwise disseminate on Zap Services except as provided in section 9, or by further agreement (in writing) with ZCI. You agree that You are solely responsible for enforcing and protecting your rights and that ZCI is not obligated in any way to do so for You. In the event that ZCI does assist in protecting your rights, You will be held liable for the costs required to do so.

8. Zap License, Usage, and Restrictions

a. ZCI gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by ZCI as part of Zap Services. The sole purpose of this license is to enable You to use and enjoy the benefits of Zap Services as provided for by the Terms of this agreement.

b. You may not (and may not allow anyone else to) copy, modify, distribute, sell, or lease any part of Zap Services or included software, nor may You reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or You have our written permission. Furthermore You may not (and may not allow anyone else to) attempt to disable or circumvent any of Zap Services' or any other applications using Zap Services' security mechanisms.

c. Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. Any open source software will be governed explicitly by a separate written agreement. Any open source component usage will be governed first by this agreement and then by whatever terms expressly supersede these Terms in the open source agreement.

9. License You Grant to Zap Services

a. ZCI claims no ownership or control over any Application or Content You provide in the course of use of Zap Services. You retain copyright and all other rights that You hold in the Content You provide. However, when you upload or otherwise submit Content or Applications to Zap Services, You give ZCI (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your Content works better with Zap Services), communicate, publish, publicly perform, publicly display and distribute such Content. The rights You grant in this license are for the limited purpose of operating, promoting, and improving Zap Services, and to develop new Services. This license continues even if You stop using Zap Services. Make sure You have the necessary rights to grant us this license for any Content that You submit to our Services.

b.You may add collaborators to your accounts and Application(s). In so doing You hereby grant to those collaborators a non-exclusive, royalty-free, non-transferable license, with limited right to use, modify, edit, sub-license, display, perform, reproduce, publish, distribute, publish information about, translate and analyze your Content and Application(s) as is permitted by the relevant Zap Services features for the sole purpose of collaborating on development of the Application(s).

c. From time to time You may wish to or we may invite You to submit feedback, ideas, or suggestions about our Services, You agree that any such disclosure is gratuitous (whether unsolicited or not) and without restriction and will not place Zap Services or ZCI under any fiduciary or other obligation. Furthermore You attest that we are free to use any such disclosures without any additional compensation to You, and that we may disclose them to anyone.

d.You agree that ZCI, may in their sole discretion, use your trademarks, service marks, trade names domain names, logos, and any other distinctive brand features for the purposes of advertising or publicizing your use of Zap Services through marketing materials, presentations, website listings (including links to your website), and any other marketing vehicles.

10. Modifying and Terminating our Services

a. Zap Services are constantly evolving and improving to meet the demands of our customers and networks. You acknowledge and agree that ZCI may add or remove functionality or features, change billing practices and policies, implement security patches, or we may suspend or stop a Zap Service altogether in our sole discretion as subject to the Terms of this agreement.

b. You can stop using Zap Services at any time, and ZCI may also stop providing Services to You, or add or create new limits to our Services at any time. There will be no refunds provided for cancelled accounts.

c. ZCI, in it's sole discretion, may cancel your account at any time. In the event of cancellation of services, You agree that such cancellation may be without notice, and that ZCI will not be liable to You or any third party.

d. We believe that You own your data and preserving your access to such data is important. If we discontinue a Service, or terminate your account, when reasonably possible, we will give You reasonable advance notice and a chance to retrieve your data, information, Application(s), and source code.

e. In the event of termination of your account, this agreement will cease to be in force except for sections 5i, 7a, 9, 10,11,12,13,15,16, which will all remain in effect after the cancellation or termination of your account.

11. EXCLUSION OF WARRANTIES

A. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ZCI'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

B. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF ZAP SERVICES IS AT YOUR SOLE RISK AND THAT ZAP SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

C. TO THE EXTENT PERMITTED BY LAW, ZCI, AND ANY OF ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING ZAP SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZCI, AND ANY OF ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF ZAP SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF ZAP SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH ZAP SERVICES WILL BE ACCURATE.

12. LIMITATION OF LIABILITY

A. SUBJECT TO SECTION 11A. ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZCI,  AND ANY OF ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT OR REVENUES (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR OTHER INTANGIBLE LOSS.

B. THE LIMITATIONS ON ZCI'S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT ZCI HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

13. Indemnification

a. You agree to hold harmless and indemnify ZCI, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your use of Zap Services, (b) your breach of the Terms of this (or any other) agreement with ZCI, (c) your violation of applicable laws, rules or regulations in connection with Zap Services, or (d) your Content or your Application(s), including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, ZCI will provide you with written notice of such claim, suit or action.

14. Copyright Policy

a. You agree to respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We reserve the right to take down Content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice. For more information, please go to {http://zapjs.com/DCMApolicy/}.

15. Changes to the Terms of this Agreement

a. ZCI may modify these Terms, or add any additional terms at any time. These changes may reflect changes to the law or changes to our Services. You should look at the Terms regularly. In most cases You will receive fourteen (14) days notice before any major changes to these Terms take effect. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If You do not agree to the modified Terms for a Service You may reject the agreement at that time by discontinuing usage of Zap Services and terminating your account.

b. You understand and agree that when you use Zap Services after the date of the changes to these Terms you agree to the new Terms.

c. If there is a conflict between these Terms and the additional Terms, the additional Terms will control for that conflict.

16. General Legal Terms

a. These Terms control the whole legal agreement between ZCI and you. Your use of any of Zap Services are governed by these Terms with the exception of those Services expressly agreed to in a separate written agreement with ZCI. In those cases the additional agreement control any conflicts with the Terms of this agreement.

b. This agreement does not create any third party beneficiary rights. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

c. In the case of any conflict, the English language version of these Terms will control, regardless if a translation of these Terms is provided or not.

d. You agree that ZCI may provide You with notices, including those regarding changes to the Terms Of Service, by email, regular mail, or postings on Zap Services. By providing Zap Services your email address, you consent to ZCI using the email address to send You any notices required by law in lieu of communication by postal mail.

e. You agree that if ZCI does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ZCI has the benefit of under any applicable law), this will not be taken to be a formal waiver of ZCI's rights. Any and all of those rights or remedies will still be available to ZCI.

f. ZCI shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

g. Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, Neither party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party?s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party?s election, termination of your use of the Zap Services upon written notice to the assigning party.

h. If You do not comply with these Terms, and ZCI does not take action right away, this does not mean that ZCI is giving up any rights that it may have (such as taking action in the future).

i. If it turns out that a particular term is not enforceable, this will not affect any other Terms in this agreement.

j. The laws of Illinois, U.S.A, excluding Illinois' conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Service. All claims arising out of or relating to these Terms of Service will be litigated exclusively in the federal or state courts of Champaign County, IL., U.S.A. You and ZCI consent to personal jurisdiction in those courts.