TERMS AND CONDITIONS AND USER AGREEMENT
This statement describes our terms, conditions and user agreement with respect to:
- Terms of Service
- Membership Eligibility
- User Conduct
- Indemnification
- Remedies for Misuse of Your Account
- Accuracy of Information Submitted to Zang
- Intellectual Property
- Breach and Failure to Perform
- Release
- Limitation of Liability
- Subscription Terms
- Accuracy of Information on the Site
- Termination of use of Site and Service
- Right to Cancel
- Privacy
- Site and Services are Provided "As Is" and "when available"
- Waiver of Damages and Limitation of Liability
- Non-transferable
- Intellectual Property Notices
- Governing Law
- Force Majeure
- Contact Information and Notice
- Failure to Comply With Terms and Conditions
- Miscellaneous
- Zang Long Distance Terms
Terms of Service
This Agreement describes the terms and conditions applicable to your use of all services ("Services") at the Zang web site ("Web Site"). You must read and accept these terms and conditions of use before using this site or subscribing to the service. These terms and conditions create an agreement between you and the service provider Zang. These terms and conditions govern your use of this internet site, and the telecommunications and/or long distance and internet product and services offered. Each time you use this site or the Service, you acknowledge and signify that you have read and understood, and agree to be bound by these terms and conditions and conditions of use as well as any additional rules or policies that are or may be published by Zang from time to time. These terms and conditions may be updates and changed without notice to you. This Agreement in addition to any other rules and policies, make up the complete and exclusive agreement between you and Zang regarding your use of the Services, and supersede and govern all prior proposals, agreements, or other communications. This section outlines conditions applicable to all services. If you do not agree to any of such changes, you may request that your membership be cancelled. On occasions, Zang will send you information about our promotions or news updates. You have the opportunity to opt-out from receiving these notifications. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by Zang.
Membership Eligibility
The Site and the Service may be used only by persons who have reached the age of majority and who can form legally binding contracts under applicable law. If you are under the legal age of majority in the jurisdiction in which you live and wish to subscribe to the Service, please have a parent or legal guardian subscribe to the Service on your behalf. If you do not wish to use our Services, please do not use the Web Site.
Zang reserves the right to suspend or terminate your account if you provide incomplete or inaccurate information at the time of registration or any time thereafter. Should you knowingly falsify any of the required information, your account shall be terminated immediately with or without prior notice. Certain first-time customers will be subject to verification before the PINs are issued.
User Conduct
You understand that all information, data, text, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Zang, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Services. Zang does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Zang be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Services to:
"do anything to interfere with other Users of the Service;
"use the Service in a manner which is a criminal offense or violate the rights of any party;
"use the Service to send unsolicited messages;
"upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
"impersonate any person or entity, including, but not limited to, a Zang official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
"intentionally or unintentionally violate any applicable local, provincial, state, national or international law, or any regulations having the force of law;
"stalk" or otherwise harass another User; or
" collect or store personal data about other Users.
Indemnification
You agree to release, indemnify, defend and hold harmless Zang, its subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of your use of or conduct on this Web Site or the service. Zang reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
Remedies for Misuse of Your Account
Without limiting any other remedies, Zang may terminate or suspend your account and status as a Member if you misuse your account or any services.
Accuracy of Information Submitted to Zang
You are solemnly responsible for the truth and accuracy of all information you provide publicly or privately to us or other Users during the registration, or in any public message area, including but not limited to chat, discussion forms, and your e-mail. Your Information: (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; (d) shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography or, otherwise harmful to minors; (f) shall not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) shall not link directly or indirectly to any other site; (h) shall not contain any item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation. Zang will only use your information in accordance with our Privacy Policy.
Intellectual Property
No User shall receive any right, license or permission to use, manipulate, or reproduce any of the Zang trademarks, copyrights content, or other intellectual property rights without the prior written permission of Zang.
Breach and Failure to Perform
Web Site reserves the right to suspend, delete, terminate any current and future accounts by a user who violates any of the above terms and regulations of use of the Web Site. We reserve the right to perpetually suspend or terminate your use of our Web Site or your status as a member, if you breach this Agreement, or if we are unable to verify or authenticate any information you provide to us.
Release
In the event that you have a dispute with a third party or any other User, you hereby acknowledge and agree to release Zang and its agents and employees from any claims, demands and damages (both actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Limitation of Liability
You acknowledge and agree that Zang will not be liable, under any circumstances, for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Zang has been advised of the possibility of such damages. In no event shall Zang's maximum aggregate liability exceed the total amount of CAN $100.
Subscription Terms
You may subscribe for the Service based on the terms of each product offered. Zang reserves the right to change fees without notice to you. Your continued use of the Service after a change in fees shall constitute your acceptance of such change in fees. All fees collected by Zang are non-refundable. It is your responsibility to alert Zang of any interruption in the Services provided to you by Zang within 7 days.
All fees may be paid using Visa, Mastercard or American Express. You are responsible for, all taxes now or enacted in the future for use of the Services. If you are paying by credit card and your credit card expires, your billing address changes or the card is cancelled and replaced as a result of loss or theft, you must advise Zang at once.
You must notify Zang in writing within seven (7) days after receiving your credit card statement if you dispute any of Zang’s charges on that statement or such dispute will be deemed waived. If paying by credit card, your initial use of the Service authorizes Zang to charge the credit card account number on file with Zang for fees and taxes. This authorization will remain valid until thirty (30) days after you provide Zang with notice of your intention to terminate your subscription to the Service. If payment is declined in any form your account will be suspended until paid.
Accuracy of Information on the Site
Zang strives to provide you with up-to-date and accurate information. However in the event that a misprint or another error does occur, Zang reserves the right to correct such misprint or other error, without liability to Zang.
Termination of use of Site and Service
Zang reserves the right, at any time and for any reason, in its discretion, to restrict or terminate your access to the Site at anytime without notice to you. Zang reserves the right to restrict or terminate Service if it is abused. The following list sets out what is deemed abuse: (i) using the Service for telemarketing purposes, (ii) using the Service for crank calling or prank calling purposes, (iii) using the Service in a manner which is inconsistent with normal expected residential use of the Service.
Right to Cancel
The registered user of this service may discontinue their Zang Services at any time for any reason with proper notice defined as follows: To cancel your Services you must notify and provide a minimum of 30 days notice to Zang, via the cancellation form on the website. Cancellations receive no refunds where service has been delivered.
Privacy
For information on privacy issues please see Zang’s Privacy Policy. By accepting these Terms and Conditions of Use, you consent to our collection and use, of your personal information in accordance with Zang’s Privacy Policy without any further notice or any liability to you or any other person.
Site and Services are Provided "As Is" and "when available"
The Site and the Service are provided on an "as is" and "when available" basis, and without any representations of any kind. The operation of the Site and the Service may be affected by numerous factors beyond the control of Zang. Security and privacy risks cannot be eliminated.
Waiver of Damages and Limitation of Liability
Zang shall not be liable for: (i) any delay or failure to provide the Service or (ii) any interruption or degradation of voice quality when you use the Service, including, without limitation, any such delay, failure, interruption or degradation caused by: (i) equipment, network or facility failure of any kind, (ii) the ISP or broadband service provider, (iii) any your acts or omissions or the acts or omissions of any other person or (iv) the act or omission of an underlying carrier, service provider, vendor or other third party.
Non-transferable
The right to use the Service is not transferable
Intellectual Property Notices
Copyright © 2010 All rights reserved.
The Site, the Service and all information and content, images, icons, software, design, applications and other elements available on or through the Site and provided in connection with the Service are the property of Zang, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Site and the Service does not transfer to you any ownership or other rights in the Site or its content or the Service. "Zang ", together with all associated graphics, logos, and slogans, is a trade-mark of Zang, and may not be used or reproduced without Zang's express prior written permission.
Other product and company names and logos appearing on the Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Site is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting by implication, estoppels or otherwise, any license or right to use any Marks displayed on the Site.
Governing Law
These Terms and Conditions of Use, your use of the Site and the Services and all related matters are governed solely by the laws of the Province of Ontario and applicable federal laws of Canada.
Force Majeure
Neither party shall be liable for any breach of these Terms and Conditions of Use or for any failure in performance resulting from any cause beyond such party’s reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, blackout, other acts of God or any failure of third party suppliers.
Failure to Comply With Terms and Conditions
Zang may deny you access to all or part of the Service without notice if you engage in any conduct or activities that Zang, in its sole discretion believes violates any of the terms and conditions in this Agreement.
Miscellaneous
You agree to notify Zang, if you move or otherwise change your mailing address or phone number, and to list a truthful name, postal address and telephone number you supply Zang.
Zang Long Distance Terms
You agree to indemnify and hold harmless Zang and its alliance partners for any charges or penalties as a result using the service improperly i.e. calling long distance to the access number for any service or, pressing the SEND key on a cell phone twice. Only press SEND once after dialling the access number or you will be billed by your mobile provider. You may access and make use of the Services solely for your own personal, residential use. The Service is to be used for voice only purposes. You may not resell or transfer the Service to any other person for any purpose, or charge any other person for the use of the Service. You will not be able to use the Service if you currently make use of a call block feature on a cell phone. You will be required to contact your phone company to disable your call block feature if you wish to make use of the Service. Your may incur regular service charges by your carrier upon using your mobile phone for long distance calls based on terms of agreement of this provider.
The Service does not support: (i) "011" calling, except where specified on the rates and info page, (ii) "1-900", "1-976" number calling or (iii) 911 or other similar services, (iii) "311", "411," "911" or other x11 services in any service areas (v) operator assistance calling.
