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ZingLists™

ZingLists™ Terms of Service

By using the zinglists.com web site (“Service”), a service of Light Year Software, LLC (the “Company”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Service is designed to provide its members with the ability to share and manage a variety of lists. If you pay the appropriate annual fees, you will be permitted to post one or more lists (all postings by users at the Service are referred to herein as "Content") through your membership account ("Account").

The Company reserves the right to update and change the Terms of Service from time to time without notice. Any revised Terms of Service shall be effective upon posting at the Service. You should periodically check the Terms of Service to determine if any changes have been made. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://zinglists.com/info/terms. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.

Account Terms

  1. You must be 13 years or older to use this Service. If you are under 18, your parent or legal guardian must give you permission to pay for and use the Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your name, a valid email address, and any other information requested in order to complete the sign-up process.
  4. Your Account may be used only by you and your immediate family.
  5. You are responsible for maintaining the security of your Account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your Account (even when Content is posted by others who are sharing your Account).
  7. One person may not maintain more than one Account.
  8. Published lists may be promoted and linked by the Company as example uses of the Service. Lists later unpublished may be copied by the Service or by other members for their continued use by other members.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these conditions may result in the termination of your Account. While the Company prohibits such conduct and Content on the Service, you understand and agree that the Company cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payment and Refunds Terms

Paid subscriptions to the Service may be made through PayPal. Each purchase is for a one year subscription to the Service. Multiple purchases will extend your subscription by one year for each additional purchase.

If you are not happy with your paid subscription, you may request a refund within 90 days of original payment.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Refund or expiration of a paid subscription, or expiration of a trial subscription, may cause the loss of access to Content, features and any other aspect of your Account. Subsequent payment will restore your access to the Content, features and Account.

Cancellation and Termination

You are solely responsible for properly canceling your Account. An email or phone request to cancel your Account is not considered sufficient cancellation. You can cancel your Account at any time by clicking on the My Account link in the global navigation bar at the top of the screen.

If you cancel the Service before the end of your current paid subscription, your cancellation will take effect immediately, but you will not receive a full or partial refund of your annual subscription fee.

If you do not sign in to your free Account for a period of one year, the Company reserves the right to suspend or terminate your Account.

The Company, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Company service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. If the Company terminates your Account due to your breach of this Terms of Service, you will be not be entitled to any refund. If the Company terminates your Account for any other reason, the Company shall refund to you a pro-rated portion of your annual subscription fee. The Company reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to annual subscription fees to the Service, are subject to change without notice from the Company.

The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting a list to be published, you agree to allow anyone to view and copy the Content of that list.

The Company does not pre-screen Content, but the Company and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

The look and feel of the Service, and all content other than the Content supplied by members, is copyright © 2007-2010 Light Year Software, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from the Company.

General Conditions

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE SERVICE, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY. THE COMPANY (SPECIFICALLY AND WITHOUT LIMITATION) DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE-REFERENCED EXCLUSION MAY NOT APPLY TO YOU.

Technical support is only provided to paying account holders and is only available via email.

You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service, and that the Company cannot be responsible for all of the actions of those third parties.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, the Company, or any other Company service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company customer, employee, member, or officer will result in immediate Account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE USING YOUR ACCOUNT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) TERMINATION OF YOUR ACCOUNT; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY AND ALL CIRCUMSTANCES, THE COMPANY'S ENTIRE LIABILITY TO YOU SHALL BE LIMITED TO THE MOST RECENT ANNUAL SUBSCRIPTION FEE PAID BY YOU FOR THE USE OF THE SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR ALL OR CERTAIN DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The Service may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the content on such third party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

You agree to indemnify, defend and hold the Company, its affiliates, members, officers and employees, harmless from any claim, demand, action, liabilities, loss, damage and expense including, without limitation, settlement costs and reasonable attorneys’ fees, made by or on behalf of any third party due to or arising out of your use of the Service, your violation of this Terms of Service, infringement by you of any intellectual property or other right of any person or entity, or your posting of any Content.

The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the Company's Privacy Policy constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

The Service is operated and maintained in the State of Ohio. As such, the Company is subject to the laws of the State of Ohio, AND YOU AGREE THAT THE LAWS OF OHIO SHALL GOVERN THIS TERMS OF SERVICE AND ANY OTHER ISSUE ARISING BETWEEN YOU AND THE COMPANY, without regard to any conflict of law provisions. YOU AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN FRANKLIN COUNTY, OHIO, FOR ANY DISPUTE ARISING BETWEEN YOU AND THE COMPANY. You hereby waive any claim or defense based on improper jurisdiction or venue.

Questions about the Terms of Service should be sent via email to info (at) lightyearsoftware.com.