PLEASE READ THIS AGREEMENT AND POLICY CAREFULLY BEFORE USING ANY OF THE SERVICES DESCRIBED BELOW. BY USING THE SERVICES YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND POLICY AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.
Subject to the terms of this Agreement, NewZips, L.L.C. (“NewZips) grants to you a limited, personal, non-transferable, and non-exclusive right to use its Service (as defined below) during the Term (as defined below). Your use of the Services shall be strictly in accordance with this Terms of Service Agreement (“TOS), our Terms and Conditions of Use, and our Privacy Policy. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Service. Nothing in this Agreement grants or transfers to you any ownership rights in the Service, including the software and other intellectual property rights related to the Service. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide NewZips information regarding your credit card or other payment instrument. You represent and warrant to NewZips that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay NewZips the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize NewZips to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let NewZips know within sixty (60) days after the date that NewZips invoices you. We reserve the right to change NewZips’s prices. If NewZips does, NewZips will provide notice of the change on the Site or in email to you, at NewZips’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount..
The “Service” includes (a) the Site, (b) NewZips’s as a service technology, and (c) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Features”). Any new features added to or augmenting the Service are also subject to this TOS.
You agree to comply with this TOS, our Website Terms and Conditions of Use, and our Privacy Policy and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You agree that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You are solely responsible for any content contained on your Website. You agree to notify NewZips promptly if you suspect unauthorized use of your account. Until you notify NewZips, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify NewZips immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Service. You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to NewZips’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. NewZips will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content. NewZips reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on NewZips’s website and in other communication with existing or potential NewZips customers. To decline NewZips this right you need to email support@newzips.com stating that you do not wish to be used as a reference. Please visit www.newzips.com/terms-of-use/ for further informations.
The term (“Term”) of this Agreement shall commence upon your Creating an Account, entering your payment information, and acceptance of this TOS and our Privacy, and shall continue for a period of one (1) months, and you agree to a recurring monthly charge, unless earlier terminated as provided in this Agreement. You may terminate this Agreement anytime after giving NewZips written notice of such material breach by submitting a cancelation request in writing to support@newzips.com NewZips may at any time and without advance notice modify or restrict your use of the Service if NewZips determines, in its sole discretion, that your use of the Service: (1) violates the this TOS and/or our Privacy Policy; (2) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (3) violates any intellectual property rights of NewZips or a third party; (4) violates any export or import regulations; (5) is disruptive or causes a malfunction of the Service; or (6) may expose NewZips to potential legal liability. If you do not correct the violation within ten (10) days thereafter, NewZips may terminate this Agreement. NewZips may suspend or in its sole option terminate the Service if you fail to timely pay any amounts required under this Agreement.
Upon termination of this TOS, all rights to the Service terminate immediately. You remain liable for the full monthly charge for the month during which your Service is suspended or terminated and for any usage-based fees. If this TOS is terminated, you agree not to re-register for or otherwise access the Service without NewZips's prior written approval. NewZips and/or its agent may delete any data files associated with your use of the Service upon termination of this Agreement.
Your Website will be accessible to third parties via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of NewZips or which are not reasonably foreseeable by NewZips, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.
THE SERVICE IS PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. NEWZIPS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. NEWZIPS DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NEWZIPS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEWZIPS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICE. YOU SHOULD NOT USE THE SERVICE IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. NEWZIPS DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF OR IMPROPER ACCESS TO YOUR DATA. NEWZIPS IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
IN NO EVENT SHALL NEWZIPS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF NEWZIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF NEWZIPS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO NEWZIPS IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.
YOU UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET ARE CREATED AND MAINTAINED BY THIRD PARTIES AND THAT PORTIONS OF SUCH MATERIALS MAY BE SEXUALLY EXPLICIT, OBSCENE, OFFENSIVE, OR ILLEGAL. IN NO EVENT SHALL NEWZIPS BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THROUGH THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE INTERNET GENERALLY. NEWZIPS DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THROUGH HYPERLINKS.
Your sole right and exclusive remedy for breach of this Agreement by NewZips if you are dissatisfied for any reason with the Service is to terminate this Agreement as provided in this Agreement.
You shall indemnify and hold NewZips harmless against any and all liabilities, losses, damages, judgments, claims, causes of action, and costs (including attorney's fees and disbursements) which NewZips may hereafter incur, suffer, or be required to pay, defend, settle (subject to any limitations set forth in this TOS), or satisfy as a result of your use of the Service, including the content of your Website or any information contained therein. To qualify for such defense and payment, NewZips must: (1) provide you with prompt written notice of a potential third party claim; and (2) allow you to control, and fully cooperate with you in, the defense and all related negotiations.
This Agreement and Acceptable Use Policy shall be governed by the law of California. You agree that all actions or proceedings arising in connection with this Agreement or Acceptable Use Policy shall be tried and litigated exclusively in the state or federal (if permitted by law and a party elects to file an action in federal court) courts located in Los Angeles, California.
NewZips may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at http://www.newzips.com/terms-of-service/. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service. Your rights and obligations under this Agreement may not be assigned or transferred without written permission of NewZips. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between you, and/or NewZips, may be given by conventional first-class mail or by e-mail and are effective on the date received. YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.
