Terms And ConditionsUSER AGREEMENTTHE FOLLOWING DESCRIBES THE TERMS ON WHICH ZHNGSTER.COM OFFERS YOU ACCESS TO OUR SERVICES. 1. Who we are. Zhngster.com is a dedicated automotive social network to connect automobile enthusiasts from around Asia. Individuals sign up and create a personal profile which allows interaction, communication and connection with other members via our free online features such as blogging, discussions in forums, commentating, reviewing, BUMP game, photo and video sharing. Zhngster.com ("Zhngsters.com", "Zhngmyride.com", "Team Zhngster", "We" or "we") offer the Zhngster website (the " Site" or "site") as well as other features, content, or applications, offered from time to time by Zhngster in connection with the Site, (collectively, the " Services" or "services") on the terms and conditions set forth below. 2. User Agreement. This User Agreement ("Agreement") sets forth the legally binding terms of the Agreement between you ("You" or "you") and Zhngster in connection with your use of the Services. Whether you are a "Member" (meaning that you have registered with Zhngster) or a "Visitor" to the Site (meaning that you browse the Site but have not registered to become a Member), you must read, agree with, and accept all the terms and conditions contained in this Agreement, including the terms and conditions within Zhngster Privacy Policy which are hereby incorporated into this Agreement by reference. The terms and conditions contained in this Agreement and in the Zhngster Privacy Policy shall collective be referred to as "Terms and Conditions". By using the Site, whether as a Visitor or a Member, you agree you are intending to create an electronic agreement affirming your full understanding and agree to be legally bound by all of the Terms and Conditions of this Agreement, and you are warranting that you have the power and authority to enter into this Agreement and are over the age of 18 years at the time you use the Services. If you are a under the age of 18, you can use this Service only in conjunction with, and under the supervision of your parents or guardians. If you do not agree to the terms in this Agreement, please leave the Site and do not use the Services. Zhngster accepts this Agreement upon your use of the Services or Site. This Agreement will always be available for your review under the "Terms and Conditions" link found on our website: http://www.zhngster.com/terms-and-conditions.php 3. Our Policies. This Agreement describes our policy for acceptable use of the Services and Site and the requirements for any text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content"). It also describes your rights, obligations and restrictions in connection with your use of the Services. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. In addition, certain components of the Services may require you to download software or content and/or agree to additional terms and conditions. If you choose to do so, those additional terms are hereby incorporated into this Agreement. 4. Changes to this Agreement. We reserve the rights to amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective immediately after they are initially posted on the Site and you agree to be bound to any changes when you use the Services after any such modification is posted. You should review this Agreement regularly to ensure you are updated on such changes. 5. Eligibility. Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. By using the Services, you represent and warrant that: (a) the information you provide in your Registration is truthful and accurate and you will maintain the accuracy of such information; (b) you are 18 years of age or older (if you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians); (c) your Membership has not previously been suspended or terminated by Zhngster; and (d) your use of the Services does not violate any applicable laws or regulations. Your Membership may be terminated and your profile deleted without notice, if we believe that you are under 14 years of age. Use of the Services, including Membership, is void where prohibited by law or Zhngster. 6. Term. This Agreement shall remain in effect during the period in which you use the Services. You may terminate your Membership at any time, for any reason, by following the instructions on the Account Settings page of the Site. Zhngster may, at in its sole discretion and without notice, terminate your Membership at any time for any reason or for no reason. Even after Membership is terminated, Sections 4 and 6, and Sections 9 through 23 (except Sections 18) of this Agreement will remain in effect. 7. Fees. While Zhngster does not currently charge a fee for the Services, you acknowledge that Zhngster reserves the rights to charge for the Services and to change its fees from time to time in its discretion in countries where such fees are permissible. 8. Membership Registration and Password. If you wish to register for Membership with Zhngster.com, you must read this Agreement and indicate your acceptance of this Agreement during the Registration process. When you register to become a Member, you must choose a password. You are solely responsible for keeping your password confidential and for any and all use of your account. You agree that you will notify Zhngster.com immediately if you believe there has been unauthorized use of your account or password. You also agree not to use any other Member's account, username, or password at any time or to disclose your password to any other person or entity. 9. Your Responsibilities. You agree not to use the Services to conduct any business or activity or solicit the performance of any activity which is prohibited by law or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with the Service. You agree you will not include telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter in your profile. 10. Posting Content. You are solely responsible for the Content that you post on the Site or through any of the Services, any material or information that you transmit to other Members, and for your interactions with other users of the Site or Services. Zhngster does not endorse and has no control over the Content. Content is not reviewed by Zhngster prior to posting and does not reflect the opinions or policies of Zhngster. Zhngster makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Members. 11. Your Representations and Warranties. You represent and warrant that: (i) you own the Content you post on the Site or through the Services or otherwise have the rights to grant the above license to Zhngster, and (ii) the Content you post on the Site or through the Services does not violate the privacy rights, publicity rights, copyrights or any other rights of any person / companies. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content you post on the Site or through the Services. 12. Prohibited Content. Zhngster prohibits the posting of certain Content on the Site. Following is a partial list of the kind of Content that is illegal or prohibited, and which you agree not to post on the Site or through the Services. You agree that you will not post content that:
13. Prohibited Activities. (I) You agree not to use the Services to:
(II) You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. (III) Without our written consent, you agree you will not
14. Investigation and Legal Action. Zhngster shall investigate all acts in violation of the above Prohibited Content and Prohibited Activities and compromises of its security and shall take all measures necessary to protect the Site and the Services, including, without limitation, cooperating with law enforcement authorities in prosecuting persons who perpetrate such acts. 15. Removal of Misleading or Offensive Content. ZHNGSTER MAY DELETE ANY CONTENT THAT IN ZHNGSTER'S SOLE JUDGMENT VIOLATES THIS AGREEMENT OR WHICH MAY BE ILLEGAL,OFFENSIVE, OR VIOLATE THE RIGHTS, HARM, OR THREATEN THE SAFETY OF ANY PERSON. ZHNGSTER IS NOT RESPONSIBILE FOR MONITORING THE SERVICES FOR INAPPROPRIATE CONTENT OR CONDUCT. IF ZHNGSTER CHOOSES, AT ANY TIME, IN ITS SOLE DISCRETION, TO MONITOR THE SERVICES, ZHNGSTER ASSUMES NO RESPONSIBILITY FOR THE CONTENT, NOR ANY OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE CONTENT, NOR DOES ZHNGSTER HAVE ANY RESPONSIBILITY FOR THE CONDUCT OF ANY USER OF THE SITE OR SERVICES. 16. Infringement of Third Party Intellectual Property Rights, Including Copyright. You may not post, modify, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information belonging to others on the Site without obtaining the prior written consent of the owner of such rights. If you post Content that Zhngster, in its sole discretion, has a good faith belief infringes the intellectual property rights of another, Zhngster will terminate your Membership privileges. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and a statement, made under penalty of perjury, that the information in your statement is accurate and that you are, or are authorized to act on the behalf of, the copyright owner. Please include the following information: (i) a description of the copyrighted work claimed to be infringed; (ii) the location of such material on the Services; (iii) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; and (iv) your address, telephone number, and email address. Send the above information to: Attn: Copyright Agent; and email: copyrightagent@zhngster.com 17. Your License to Zhngster. After posting your Content to the Services, you hereby grant to Zhngster a worldwide, non-exclusive, fully-paid and royalty-free, sub licensable, and worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Services. If you have any questions about this license, contact Zhngster at support@zhngster.com. 18. Zhngster's License to You. The Site and Services contain Content of Zhngster ("Zhngster Content"). Zhngster Content is protected by international copyright, trademark, patent, trade secret and other laws, and Zhngster owns and retains all rights in the Zhngster Content and the Services. Zhngster hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Zhngster Content (excluding any software code) solely for your personal use in using the Site and the Services. The Services also contain the Content of users of the Site and third party licensors. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services, unless you own or have legal rights to the Content. 19. Disclaimers. Zhngster does not monitor the Site and is not responsible for any incorrect or inaccurate Content posted on the Site or conveyed through the Services, nor does Zhngster assume any liability resulting from inaccuracies in or failures of any of the equipment or programming utilized in the Services or by other users of the Services. You acknowledge that Content provided by other Members of the Service may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Zhngster assumes no responsibility or liability for this Content. If you become aware of misuse of the Services by any person, please notify Zhngster (support@zhngster.com) or click on the "Contact Us" link at the bottom of any Zhngster page. You also acknowledge that Content created and posted by Members on the Site may contain links to other websites. Zhngster is not responsible for the Content, accuracy or opinions expressed on such other users or websites, and Zhngster does not, and has no obligation to, monitor, control or investigate such websites for accuracy or completeness. You agree that you access these third-party sites at your own risk. Zhngster has no responsibility for third party advertisements which are posted on the Site or through the Services, or for any goods or services that are provided by its advertisers. Zhngster is not responsible for the online, offline or other conduct of any Member or other user of the Services. Zhngster is not responsible for any injury or damage to any users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Zhngster assumes no responsibility for any error, omission, deletion, delay in operation or transmission, communications failure, theft, destruction, unauthorized access to, alteration of, or other defect in or to any Member or other user of the Services. 20. Limitation on Liability. THE SITE AND SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND ZHNGSTER EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ZHNGSTER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. IN NO EVENT SHALL ZHNGSTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ZHNGSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZHNGSTER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ZHNGSTER FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. UNDER NO CIRCUMSTANCES SHALL ZHNGSTER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, ATTENDANCE AT AN EVENT ADVERTISED ON THE SITE OR THROUGH THE SERVICE, FROM ANY CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY MEMBER OR OTHER USERS OF THE SITE OR SERVICES, WHETHER SUCH CONDUCT BE EXPRESSED ONLINE OR OFFLINE. 21. Indemnity. You agree to defined, hold harmless and indemnify Zhngster, its creator/founder, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners and employees, from and against any third party claims, damages, losses, liability, or demands (including reasonable attorneys' fees) arising out of your breach of your representations and warranties set forth above or other breach of this Agreement, and/or any Content that you post on through the Services resulting in Zhngster's liability to another person or entity. 22. Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the Republic Of Singapore, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the courts of the Republic Of Singapore, located in Singapore. Either Zhngster or you may demand that any dispute between Zhngster and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the Republic Of Singapore, provided that the foregoing shall not prevent Zhngster from seeking injunctive relief in a court of competent jurisdiction. You are solely responsible for your interactions with other Members of the Service. Zhngster, in its sole discretion, may, but has no responsibility or obligation, to monitor disputes between you and other Members. 23. General. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between Zhngster and you regarding the use of the Site and Services. The failure of Zhngster to exercise or enforce any right or provision set forth in this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect Please contact us at: support@zhngster.com with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREED TO ALL OF THE PROVISIONS CONTAINED ABOVE. |