Welcome to Zilp, the service for connecting and facilitating communication between users, operated by Zilp, Inc. (“Zilp” or “Company”)
Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Application or Service. If you are under the age of 13 years, your account will be canceled and removed by Zilp without notice.
Zilp allows you to use the Service whether or not you choose to set up a user account. If you choose to use the service without setting up an account you may do so; however, in order to access certain features of the Service you will need to set up an account with Zilp. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
Here are some commitments you make to Company relating to registering and maintaining the security of your account:
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
We welcome feedback and suggestions about our Service. If you submit feedback or suggestions about our Service, you agree we may use your feedback or suggestions without obligation to you.
As a user and/or member of the Service, you agree and consent to receive communications from the Company. These communications may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or communications containing commercial offers, promotions or special offers from us or third party partners. You may not opt out of these communications.
The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership.
Safety; Your Interactions with Other Users.
Though Zilp strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service.
You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You agree to always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly prohibited to non-verbally interact with the Service or use the Service in a nonverbal manner for any purpose while driving. Nonverbal usage may only be done so after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such use may be done by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver’s attention to the road.
You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. You agree:
- You will not use Zilp to do anything unlawful, misleading, malicious, or discriminatory.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the service, including, without limitation, your or any other person’s credit card information, social security or alternate national identification numbers, non-public phone numbers or non-public email addresses.
- You will not engage in unlawful multi-level marketing, pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms
- You may not post vulgar, hate speech, violent, nude, partially nude, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the service.
- You may not post content that is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political views or socio-economical class.
- You may not post content that encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit.
- You may not post content that poses a risk to a person’s safety, security or health.
- You may not post content that identifies other persons without obtaining such person’s express written consent to the disclosure of their personal information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information.
- You may not post content that falsely expresses or implies that such content is sponsored or endorsed by Zilp;
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT ZILP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. ZILP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. ZILP RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
Zilp is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play). Zilp may terminate your account at any time without notice if it believes that you have violated this Agreement or otherwise create risk or possible legal exposure for Zilp. Upon such termination, you will not be entitled to any refund for purchases.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Service or transmit to other users, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the Application or as part of the Service, or transmit to the Company or any other user (either on or off the Application), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post on the Application or as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Application, the Company or its affiliates and partners.
By posting Content on the Application or as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
Your use of the Application and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Application in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
The Company is not responsible for any Content that others provide through the Service. Content submitted by users for publication does not reflect the views of Zilp. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up to date. Zilp may also terminate your access to the Service or prevent you from posting additional content on the Service. The provisions of this clause are made in addition to any rights afforded to Zilp by any law.
Any use or reliance on any content or materials posted via the Services or acquired by you through the Services is at your own risk. The Company does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted and we cannot take responsibility for such Content.
Although Zilp reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Zilp cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via email@example.com.
Rights in Content
When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the content and to permit Zilp to publish the Content and exploit all intellectual property rights in and to the content. Zilp receives no ownership rights in and to the Content that you submit. However, by submitting Content to Zilp, you hereby grant Zilp and the users of the Service an irrevocable, worldwide, perpetual nonexclusive, royalty free, sub-licensable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the content. The license granted to Zilp in and to the content you submit is not limited to personal use, but also extends to any commercial use of content, at Zilp’s sole and absolute discretion. However, other users may only use your content for non-commercial purposes, unless Zilp provides them with a prior written consent to use your content for commercial purposes (for the purpose of which you authorize Zilp to be your agent).
Zilp respects the intellectual property rights of others and expects users of the Service to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. It is Zilp’s policy to respond to notices of alleged copyright infringement that comply with the applicable international intellectual property law and to terminate the accounts of repeat offenders.
The Company owns and retains all proprietary rights in the Application and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Application contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Application or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to firstname.lastname@example.org, or by mail to the following address:
Copyright Compliance Department c/o Zilp, 14271 Jeffrey Rd, No.276 Irvine, California 92620.
Zilp will terminate the accounts of repeat infringers.
The Application may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external Applications or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such Applications or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Application or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such Application or resource.
Modifications to the Service and Software
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Application or the Service (or any part thereof) with or without notice. The Company also retain the right to create limits on use and storage at our sole discretion and to remove or refuse to distribute any content on the Application, suspend or terminate users, and reclaim usernames with or without notice.
You agree that the Company shall not be liable to you or to any third party for any modification, limitation, suspension, termination, or discontinuance of the Service. To protect the integrity of the Application or the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Application or Service.
Zilp will notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Service. If we make changes to policies, guidelines or other terms referenced in or incorporated by this statement, we may provide notice on the Application. Your continued use of the Service, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
Arbitration, Class-Action Waiver, and Jury Waiver
16 NO THIRD PARTY BENEFICIARIES
Except for users residing within areas where prohibited by applicable law:
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
ZILP PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TINDER DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
ZILP TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
Limitation of Liability
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
The Company is not responsible for the conduct of any user. In no event shall the Company, its owners, affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Application or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Application or meet in person, or if you decide to send money to another user. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
In no event shall Zilp, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and or any and all personal information and or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our services by any third party and or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Zilp shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
No access to emergency services: There are important differences between Zilp and your mobile and SMS services. Our services do not provide access to emergency services or emergency service providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency service providers through mobile or other sources.
- Address Book: You provide us the phone numbers of Zilp users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our services.
- Fees: We currently provide Service without charge. The internet connection required to use the Service, and any associated charges incurred by your use of the Service are you exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online connection between your cellular device and the internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider, and according to its applicable terms of payment. For as long as you use Service, you consent to downloading and installing updates to our Service, including automatically.