Terms and Conditions

ZONEBUD USER TERMS AND CONDITIONS

Welcome to the ZoneBud User terms and conditions. ZoneBud is a trading name of Saipal UK Ltd (“Company“ and we”, “us” and “our” below). These terms and conditions explain the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service (including by downloading any mobile application we may offer from time to time), you signify that you have read, understood, and agree to be bound by these terms and conditions (“the Agreement”) and to the collection and use of your information as set forth in the ZoneBud Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”).

Interpretation

In these terms and conditions:-

“Information” means any and all material accessed via the Service;

“Company” means Saipal UK Ltd, a company incorporated in Scotland (Company Number SC659667) and with its Registered Office at 31 Church View, Winchburgh, Broxburn, West Lothian, Scotland, EH52 6SZ;

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, country, territory or other jurisdiction.

2. Service Rules

2.1 You agree not to engage in any of the following prohibited activities:

copying, distributing, transmitting, disassembling, decompiling, publicly displaying, republishing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping” or by creating any derivative works of the Service;
determining or attempting to determine any source code, algorithms, methods, or techniques ‎embodied by the Service or any derivative works thereof, or incorporating the Service or any portion thereof into any other program or product‎;
using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
transmitting spam, chain letters, or other unsolicited email;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the Service; (viii) collecting or harvesting any personally identifiable information, including account names, from the Service;
using the Service for any commercial solicitation purposes;
impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfering with, or attempting to interfere with, the proper working of the Service;
accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
distributing, licensing, transferring, or selling, in whole or in part, any of the Service or any derivative works ‎thereof‎;
(xv) encouraging any conduct that restricts or inhibits anyone’s use or enjoyment of the ‎Service, or which, as determined by us, may harm us or Users of the ‎Service or expose us or them ‎to liability‎; and
violating, or promoting the violation of, this Agreement or any applicable federal, provincial, local, state, foreign, or ‎international law or regulation, ‎including any laws regarding the export of data or software, ‎patent, trademark, trade secret, ‎copyright, or other intellectual property or legal rights (including ‎the rights of publicity and privacy of ‎others)‎.

3. License to Use the Service

Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, commercial use only and as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason.

4. Accounts

4.1 Accounts that you are able to establish with the Service give you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

4.2 You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. 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 must notify us immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.

4.3 You may control your User profile and how you interact with the Service by changing settings that are made available to you.

5. Service Availability and Our Right to Terminate

5.1 We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. If we materially change the Service, we will provide you with at least 30 days notice.

5.2 We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.

5.3 Upon termination for any reason or no reason, you continue to be bound by this Agreement.

5.4 You are responsible for all the mobile data usage resulting from the use of Service. Consult your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.

6. User Content

6.1 Some areas of the Service allow Users to post content such as profile information, images, comments, questions, messages and other content or information (any such content a User submits, posts, displays, creates, or affirmatively chooses to make available on the Service is “User Content”). User Content does not include information collected from or about your phone or device. We claim no ownership rights over User Content created or submitted by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to the User Content License Grant below, and to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Company has the right (but not the obligation) in our sole discretion to remove any User Content that is shared via the Service.

6.2 You agree not to post or transmit User Content that:

(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;

(ii) may create a risk of any other loss or damage to any person or property;

(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(iv) may constitute or contribute to a crime or tort;

(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;

(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(viii) contains any information or content that you know is not correct and current;

(ix) violates any school or other applicable policy, including those related to cheating or ethics; (x) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; or

(xi) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other Users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

6.3 You may not copy or use personal identifying or business contact information about other Users without their permission.

6.4 You agree, represent and warrant that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in our sole discretion, violates these provisions.

7. User Warranties

7.1 In connection with your User Content, you affirm, represent and warrant the following:

(i) You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

(ii) Your User Content and Company’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

7.2 Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

7.3 You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of User Content.

8. User Content License Grant

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable ‎(including via multiple tiers of sublicensing)‎, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and for our commercial, marketing, advertising, and other purposes.

9. Terms Specific to Mobile Software

9.1 As part of the Service, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Company does not warrant that the Mobile Software will be compatible with your mobile device. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Company account owned solely by you, for your personal use. Without limiting the general prohibitions on your actions found in the “Service Rules” above, which also apply to the Mobile Software, you may not:

(i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;

(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;

(iii) make any copies of the Mobile Software;

(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or

(v) delete the copyright and other proprietary rights notices on the Mobile Software.

9.2 You acknowledge that Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.

9.3 Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. ]

9.4 The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Company or third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement.

10. Our Proprietary Rights

10.1 Except for your User Content, the Service and all materials, services, and information therein or transferred thereby, including, without limitation, information, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, content, reports, features, functionality, design, presentation, analyses and data that is otherwise generated, collected or transmitted through the Service or Mobile Software, the “look and feel” of the Service, and User Content belonging to other Users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and our licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

10.2 Any third-party product or company names and devices, logos, icons, graphics or designs referred to are the trade marks of their respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trade mark owners and Company intends no infringement of such marks. The appearance or absence of product, services, companies, organisations, home pages or other websites in the Service does not imply the endorsement, or non-endorsement, thereof by Company All rights not expressly granted are reserved by Company.

10.3 You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea for any purpose without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by our employees, or obtained from sources other than you. Company has no obligation to review, consider or implement any Idea. You agree, represent, and warrant that any Idea that you submit does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy.

11 Location Information Features

11.1 Certain features of the Service are designed to collect and share location information about you and other individuals who use the Service. In order to access and use these features, the Service collects location, sensory and motion data from your mobile device in order to share location information

11.2 To work properly, these features require the corresponding Mobile Software to be installed on the device for which location and movement data will be provided, and require access to location, sensory and motion data from the smartphone or mobile device. These features may not work properly if the corresponding device permissions and settings allowing access to location, sensory and motion data are not properly configured or enabled. In addition, the features may not work for a variety of reasons, such as if the device that the Mobile Software is installed on is not powered on and connected to the wireless service provider’s network (e.g., it will not work if the phone is connected to a wi-fi network), if location services are turned off, if the Service is not being used or is blocked on the device, if you are making a phone call through the device, and for other reasons.

12. Battery Use

Use of the Service or Service features that require the use of Mobile Software may use a significant amount of power from the battery of any device that the Mobile Software is installed on. You may wish to limit your use of these or other services on your device to the times when they are necessary or where possible, you might wish to keep your phone plugged into a power source.

10. Cancel Location Information Features or Close Your Account

You may cancel your Location InformationFeature or close your account at any time. To cancel your Location Information Feature or, email support@ZoneBud. If you send an email, include your name, the email address you registered with, and a phone number where you can be reached. In general, it may take up to fifteen (15) business days to process a cancelation request.

12. Privacy

We care about the privacy of our Users. Please see our Privacy Policy for information about how we collect, use and disclose information about you, including device data, location, sensory and motion data. You consent to the collections, uses and disclosures of your personal information for ‎the ‎purposes described in ‎our Privacy Policy.‎

13. Security

13.1 Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

13.2 Company will use its reasonable endeavours to ensure that the Service does not contain or assist the dissemination of viruses or malicious code however we recommend that you virus check all downloaded materials before using them. You are also advised regularly to check your device for the presence of viruses and malicious code. Company excludes, to the fullest extent permitted by law, all liability (except liability for death or personal injury) for damage or loss caused by computer viruses or malicious code originating, or contracted, from use of the Service.

14. Indemnity

14.1 You agree to defend, indemnify and hold harmless Company and our subsidiaries, directors, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents/mandataries, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

(i) your use of and access to the Service, including any data or content transmitted or received by you;

(ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein;

(iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation;

(v) any claim or damages that arise as a result of any of your User Content, or any User Content or other information that is submitted via your account, including any Ideas; or

(vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

15. Limitation of Liability

15.1 Company makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Information, the Service or about the results to be obtained from using the Information and the Service. Any use of the Information and the Service is at your own risk. Company reserves the right to modify, suspend, or discontinue any service on or feature of the Service (including any changes to or removal of Information) at any time with or without notice to you, and Company shall not be liable to you or to any third party should it exercise such rights.

15.2 The Service and the Information are provided on an ‘as is’ basis without any warranties of any kind. Company, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranty of merchantability, noninfringement of proprietary or third-party rights, and the warranty of fitness for particular purpose.

15.3 Without prejudice to the foregoing generality, you acknowledge and accept that the purpose or use of your location data or any other aspect of the Service by you or by any other party is outwith the Company’s control and as such Company will have no liability whatsoever in respect thereof.

15.4 Company shall use reasonable efforts to protect information or data submitted by you to a Company site in connection with any service on or feature of the Company site, but you agree that your submission of such information or data is at your sole risk, and you hereby release Company from any and all liability to you for any loss or liability relating to such information in any way.

15.5 Subject to clause 15.7 in no event will Company be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of the Service or any Information accessed or provided, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

15.6 Your use of the Service is at your own risk. If you are dissatisfied with any of the Content, other contents, any service on, or feature of the Service or with these Terms and Conditions, your sole remedy is to discontinue use of the Service.

15.7 Nothing in these terms and conditions shall exclude or limit in any way our liability:

(i) for death or personal injury caused by our negligence;

(i) for fraud or fraudulent misrepresentation; or

(iii) for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

16. Disclaimer of Warranty

To the maximum extent permitted by law, Company disclaims all implied warranties with regard to the information, services and materials comprised in the Service. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.

17. Miscellaneous

This Agreement contains all the terms of your agreement with us relating to your use of the Service. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of the Service, any downloaded material from it and the operation of these terms and conditions shall be governed by, construed and interpreted in accordance with the law of Scotland and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.