Terms & Conditions

Terms of Service

Date of Last Revision: May 05, 2015

Acknowledgement and Acceptance of Terms

This document is our terms of service that governs our relationship with you; as such, it serves as a written contractual agreement between you and Zebrify, regarding your use of the zebrify.com mobile application and any related website, Internet service, or other product or service (collectively, the “Services”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. Violation of these terms will result in deactivation of your account.

This document will be updated from time to time keeping your safety and security as the primary concern. The updated version of Terms of Service constitutes the entire agreements between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.

By using the Services, you agree to the Terms of Service. If you do not agree, please do not use the Service. We may modify, suspend, discontinue or restrict the use of the Services, any portion thereof or any content at any time with or without notice to you.

Age Requirements

You confirm that you are of legal age to form a binding contract with the Company, or an emancipated minor, or have parental or legal guardian consent and are fully able and competent to enter into, and comply with, these Terms of Use. In any case, you confirm that you are over the age of 13, and acknowledge that the Service is not intended for children under 13 years of age. You may not use the Service and may not accept the Terms of Use if you by law are barred from using the Service or accepting the Terms of Use.

Service Assets

All right, title, and interest in and to the Services (excluding User Submissions) are and will remain the exclusive property of Zebrify and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Zebrify reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Zebrify, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Copyright Infringement

If you believe your copyright-protected work was posted on Zebrify without authorization, you may submit a copyright infringement notification in accordance with the Digital Millenium Copyright Act. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. You can submit any such requests to copyright@zebrify.com.

Use of Services

Your use of the Services is subject to all applicable laws and regulations. You may not do any of the following while accessing or using the Services:

  1. Access, tamper with, or use non-public areas of the Services, Zebrify’s computer systems, or the technical delivery systems of Zebrify’s providers;
  2. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;(iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Zebrify (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Zebrify (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Zebrify is expressly prohibited);
  3. Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  4. Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
  5. use the Services or any Content for any purpose that is unlawful or prohibited by the Terms of Service.

Any unauthorized use of the Services or any Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Account Information

Certain features or services offered on or through the Services may require you to open an account (including your name, a username and password). You represent, warrant and agree that all account information, including your name, age and contact information, is true and correct and you agree that you shall make any and all updates as needed in order to maintain the accuracy of your account information. You are solely responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree that you will safeguard your password, that you will not share it with others, and that you will not permit others to access your account. Zebrify cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Although Zebrify will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Zebrify or others due to such unauthorized use. Zebrify cannot and will not be liable for any loss or damage arising from any unauthorized use of your account by any third party.

Privacy

Please refer to Zebrify’s privacy policy, available at http://zebrify.com/privacy (the “Privacy Policy”) for information on how Frankly collects, uses and discloses personal information from Users of the Site. By using the Site you agree to our use, collection and disclosure of personal information in accordance with the Privacy Policy.

No Reliance on Third-Party Content

Opinions, advice, statements, or other information made available by means of the Services by third-parties, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Zebrify does not:

  1. Guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Services; or
  2. adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the Services. Under no circumstances will ZEBRIFY be responsible for any loss or damage resulting from your reliance on information or other content posted through the Services or transmitted to or by any third party.

Assumption Of Risk; Release

You knowingly and freely assume all risk when using the services. you, on behalf of yourself, your personal representatives, and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Zebrify and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Zebrify parties”) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the services.

Warranty Disclaimer

the site, the content and the services available on the site are provided to you on an "as is", "as available" basis without representations, warranties, conditions or guarantees from Zebrify of any kind, either express or implied. Zebrify expressly disclaims all representations, warranties, conditions or guarantees, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Zebrify does not represent or warrant that content or the services are accurate, complete, reliable, current or error-free, and expressly disclaims any representation or warranty as to the accuracy or proprietary character of the site, the content, the services or any portion thereof. you are solely responsible for any resulting damage to your computer system or loss of data arising from your use of the site, the content or the services. while Zebrify attempts to make your access to and use of the site safe, Zebrify does not represent or warrant that the site, the content or any services are free of viruses or other harmful components.

Consent To Receive Electronic Communications

Without limitation, by registering for the Services and/or by providing your name, email, postal or residential address, and/or phone number through the Services, you hereby expressly consent to receive electronic and other communications from other uses of the Services, from Zebrify, and from our third-party marketing partners over the short term and periodically, including email and short-message service (“SMS” or “text message”) communications, including without limitation communications regarding the Services, new product offers, promotions, and other matters.

Third-Party Websites

At times, the Services may be linked with the websites and mobile applications of third parties (“together, Third-Party Services”), some of whom may have established relationships with Zebrify and some of whom may not. Zebrify does not have control over the content and performance of Third-Party Services. Zebrify has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through Third-Party Services. Accordingly, Zebrify does not represent, warrant, or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Services. Zebrify disclaims, and You agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party

Indemnity

You agree to defend, indemnify, and hold Zebrify, its officers, directors, employees and agents harmless from and against any demands, loss, liability, losses, claims or expenses (including attorney's fee) made against us by any third party due to or arising out of your use of the Services.

User Content

You shall be solely responsible for the any content (“Content”) you submit via the Services, such as uploaded videos, photographs or text, and the consequences of submitting your Content on the Services. You retain your ownership rights in the Content you submit to the Services.

By making available any Content through the Services, you hereby grant to Zebrify a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and Zebrify's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, printed materials, as part of" Out-of-Home" advertising campaigns, incorporated into film, video, television series, advertisement, or other multimedia productions for distribution in any medium, merchandise or promotional items for sale or distribution. To be clear, you retain all rights in and to your Content; however, under the law, Zebrify requires this license from you in order to enable you to upload Content and otherwise use the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Zebrify will not be responsible or liable for any use of your Content by Zebrify in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

You may not submit Content that contains sexually explicit material or pornography, hateful, defamatory, or discriminatory material, incites hatred against any individual or group, depict unlawful acts or extreme violence, depicts animal cruelty or extreme violence towards animals, seeks to intimidate, embarrass, bully, control, manipulate, put down, falsely discredit, or humiliate any individual, or violates any law. Zebrify reserves the right to remove or disable any content that, in its sole discretion, Zebrify believes violates this provision.

Use of other people’s personal information?

You are not allowed to use other users’ personal information for any means including but not limited to means such as to make money, to spam, or to bully, threaten, upset, harass or embarrass anyone. We may, without notice and in our sole discretion, deactivate your account and/or block your access to the site where possible if we believe that you are misusing the personal information of another, including without limitation by creating a fake user profile or account.

In case you come across a profile that you can identify as a fake profile, please write to us at letstalk@zebrify.com. We will deactivate/block/delete the mentioned profile depending on the severity of the issue.

Notices

We may revise these Terms from time to time, the most current version will always be at http://zebrify.com/tos. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in the section “Ending terms”. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

All notices required or permitted to be given under this agreement must be in writing. Zebrify shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Zebrify. you agree that any notice received from Zebrify electronically satisfies any legal requirement that such notice be in writing. you bear the sole responsibility of ensuring that your email address on file with Zebrify is accurate and current, and notice to you shall be deemed effective upon the sending by Zebrify of an email to that address. you shall give any notice to Zebrify by means of email to [notices@zebrify.com].

Ending Terms / Terminating your account

The Terms will continue to apply until terminated by either you or Zebrify as follows:

You may end your legal agreement with Zebrify at any time for any reason by deactivating your accounts and discontinuing your use of the Services.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe:

(i) you have violated these Terms,
(ii) you create risk or possible legal exposure for us; or
(iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
Nothing in this section shall affect Zebrify's rights to change, limit or stop the provision of the Services without prior notice.

Governing Law, Choice of Forum, and Agreement to Arbitrate

This Agreement shall be governed by and construed in accordance with the laws of India. Customer agree, in the event any claim or suit is brought in connection with this Agreement, it shall be brought to the exclusive jurisdiction and venue of the courts of Delhi, India. In any action to enforce this Agreement, including, without limitation, any action by Zebrify for the recovery of fees due hereunder, Customer shall pay reasonable attorneys' fees and costs in connection with such action.

Restrictions Against Joinder of Claims

You and Zebrify agree that any arbitration shall be limited to each Claim individually. YOU AND ZEBRIFY HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ZEBRIFY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. In the event that this specific provision is found to be unenforceable in a court of competent jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration. In addition:
(1) no arbitration shall be joined with any other arbitration, and
(2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and
(3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

Entire Agreement

The Terms of Service represent the entire agreement between you and Zebrify with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. The Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.

Waiver

The failure of Zebrify to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.