By using the website www.zkipster.com (the “Site”) and all related services provided by zkipster (the “Service”), you automatically indicate your understanding and acceptance of the following terms and conditions (the “Agreement”):
TERMS AND CONDITIONS
1. General
You agree to use the Site and the Service only for lawful purposes. You agree not to take any action that might compromise the security of the Site and the Service, render the Site or the Service inaccessible to others or otherwise cause damage to the Site, or its content, or the Service. You agree not to add to, subtract from, or otherwise modify the Site or any content, or to attempt to access any content that is not intended for you. You agree not to use the Site and the Service in any manner that might interfere with the rights of third-parties.
In order to use the Service you have to open an account subject to this Agreement (the “Account”). You agree that registration for an Account and therefore the use of the Service are – if not explicitly agreed otherwise - subject to a fee as further described in Art. (7) ‘Service Fee’ of this Agreement.
zkipster explicitly agrees not to share any of your uploaded data, names, email addresses and telephone numbers (all together the ‘Guest-Lists’) with any third-party!
You agree that all emails and text messages that are used in conjunction with the Service were obtained specifically for the purpose of receiving correspondence from you, and are being used with explicit permission for that purpose. By using the Service, you agree to import, store, access and otherwise use only Guest Lists that you have obtained with permission from the holders/owners for the purpose of receiving emails and/or text messages from you at the time said authorization was granted. You agree that you will not use the Service to send any emails to unsolicited addresses/recipients. This includes any individual who has communicated that your emails and/or test messages are unwanted. zkipster is not responsible for the content of emails and text messages sent to third-party by using the Service. zkipster offers reasonable effort with respect to the deliver of your emails and/or text messages when using the Service. However, zkipster offers no guarantees to the deliverability of your emails and/or text messages.
2. Term
This Agreement is effective for an unlimited period unless and until earlier terminated as set forth herein. zkipster may terminate this Agreement with immediate effect if you fail to comply with any of the terms and conditions described in this Agreement.
3. Copyright
The Site and its content (including the brand and the Service) are protected by the respective copyright laws, and belong to zkipster or its partners, affiliates, contributors or third parties.
4. Monitoring, Information Collection and Data Usage
All actions performed while using the Service and the Site are subject to monitoring and recording by the administrators of the Site. The information collected by said monitoring may be used for any legal purposes defined in this Agreement, including, but not limited to, providing cooperation with law enforcement authorities. All user sessions, emails and text messages sent may be recorded and logged with the respective Account information, IP addresses and time/day stamps. zkipster may log information about when, where, to whom, and how many emails and/or text messages have been send. However, zkipster will not share your data (e.g. Guest Lists) with any third-party! Such collected data would only be used to improve the quality of service, pricing, advertising, offers, products and features. zkipster is not responsible for any actions of those who receive emails and/or text messages, issued by using the Service.
In addition, please see Art. (16) ‘zkipster’s Privacy Policy’.
5. Uploaded Data and Intellectual Property and Rights
You understand and agree that any content (including, but not limited any Guest Lists), which you upload, store, use, and transmit by using the Service is owned or fully legally licensed to you, and is non-confidential in nature to any party. No purchased, copied, data-mined, or other third-party Guest Lists may be used in conjunction with the Service in any way.
You agree and understand that zkipster reserves complete title and intellectual property rights in all information, writings, images and/or other works that you see, hear or otherwise experience on the Site.
6. Payments
By opening an Account (registering for a username/password) and paying a service fee you are allowed to use the available Service for a certain period of time. zkipster will charge you a service fee in accordance with Art. (7) (the “Service Fee”). The Service Fee can only be paid by a valid credit card (Visa, MasterCard, American Express) and shall be paid in advance. A third party credit card service provider covers the payment process. The Service Fee will be charged in USD (United States Dollars). “zkipster – zkip the hazzle” will appear on your credit card statement. At the time of checkout, zkipster will obtain an authorization from the credit card you have provided. Once zkipster receives the credit card authorization, zkipster will grant you access to the Service.
If you have any questions about payments, charging and Service Fee, please contact us directly at support@zkipster.com. If you dispute any charges on your card without speaking to us first, your Account will be immediately suspended and all data (including Guest Lists) may be deleted.
zkipster reserves the right at any time to charge and/or increase the Service Fee for access the Service. In no event will you be charged for access to the Service unless zkipster obtains your prior consent to pay such charges. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred.
7. Service Fee
Once you have paid the Service Fee, zkipster will grant you access to the Service within 24 (twenty four) hours. By paying the Service Fee, zkipster will grant you access to use the Service for 30 (thirty) calendar days (the “Using-Period”).
zkipster offers the three following different levels of Services:
Level 1 (”small”):
Includes 1 (one) Administrator Account and 5 (five) Frontline Accounts. No restrictions regarding Locations, Guest Lists, and Events. However, it is based on a “fair use” Policy.;
Level 2 (”medium”):
Includes 3 (three) Administrator Accounts, 5 (five) Promotor Accounts and 10 (ten) Frontline Accounts. No restrictions regarding Locations, Guest Lists, and Events. However, it is based on a “fair use” Policy.. Access to the facebook connect interface is granted.;
Level 3 (”large”):
Includes 5 (five) Administrator Accounts, 10 (ten) Promotor Accounts and 15 (fiveteen) Frontline Accounts. No restrictions regarding Locations, Guestlists, and Events. However, it is based on a “fair use” Policy. Access to the facebook connect interface and the Member List Interface is granted; and
zkipster charges the following Service Fee for the Using Period:
For Level 1 (”small”):
[USD 49.90];
For Level 2 (”medium”):
[USD 89.90];
For Level 3 (”large”):
[USD 149.90].
After the first payment of the Service Fee, you shall pay the monthly Service Fee within 30 (thirty) calendar days in advance, which means that the payment has to be made the latest by the last day of the already paid Using-Period. By paying the Service Fee on time, zkipster will make sure that you will have further access to the Service for the then following Using-Period.
8. Active and Inactive Account, Termination and Data Destruction
zkipster will transfer the status of your Account from active to inactive in case you do not pay the Service Fee one time. Once the status of the Account is inactive, you do not have any access to your Account (this includes the access to any of your data, e.g. Guest Lists) and the Service is suspended.
zkipster will delete your Account and any data (incl. Guest Lists) in case you do not pay the Service Fee two times in a row. The Account will be closed, access to the Service will be denied, and the Agreement shall be deemed as terminated.
The cancellation of the Service by you is not available. Further, in the event that your Account is terminated for violation of the policies stated in this Agreement, you will not be refunded.
zkipster shall have no liability whatsoever to you or any third-party due to said deletion of data and any termination. You understand that, after the termination and deletion of the data in accordance with the aforesaid, none of your data will be recoverable, and zkipster will have no liability whatsoever.
9. Hosting
zkipster does not provide any web hosting services. The Site and its database are hosted by a third-party web host provider, domiciled in Switzerland.
10. Disclaimer of Warranties
ZKIPSTER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT. ZKIPSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. ZKIPSTER DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. ZKIPSTER DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. ZKIPSTER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE ONLY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
11. Limitation of Liability
IN NO EVENT WILL ZKIPSTER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) THE LOST OR DAMAGE OF YOUR UPLOADED DATA (INCLUDING, BUT NOT LIMITED TO ANY GUEST-LISTS), OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF ZKIPSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, THE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE SERVICE.
BECAUSE THE APPLICABLE LAW MIGHT NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN SUCH CASE, ZKIPSTER’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY THE APPLICABLE LAW, BUT SHALL, IN NO EVENT, EXCEED CHF 100.00 (ONE HUNDRED SWISS FRANCS).
12. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site and your use of the Service. You agree to indemnify, defend and hold harmless zkipster, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site and the Service, or any violation by you of this Agreement.
13. Password Security
If you open an Account and register for the Service that zkipster provides through the Site, you are responsible for maintaining the confidentiality of your identification (username) and password information, and for restricting access to your computer (including any telephone advices). You agree to accept responsibility for all activities that occur under your identification and password.
14. No Rights or License
You are granted no rights or license to any software by this Agreement. You understand and agree not to, directly, or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, remove any notices, labels or advertisement from the Site and the system. You also agree not to modify, translate, or create derivative works based on any aspect of the Site and the system. You understand that you have no rights to copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site, the system or any of its components.
15. Links to Third-Party Web Sites / Linking to this Site
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by zkipster of the third-party, the third-party web site, or the information contained therein. zkipster is not responsible for the availability of any such web sites. zkipster is not responsible or liable for any such web site or the content thereon. If you would like to link to the Site, you must follow the following guidelines: Unless specifically authorized by zkipster, you may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page or other parts of the Site, and you may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
16. zkipster’s Privacy Policy
This privacy policy applies to the use of the Site and the Service, and its terms are a part of this Agreement. Additionally, by using the Site and the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
The following statement explains our policy regarding the personal information we collect about you. From time to time, you will be asked to submit personal information about yourself in order to receive or use the Service on our Site. By entering your details in the fields requested, you enable zkipster to provide you with the Service. zkipster takes your privacy very seriously. zkipster does not sell or rent your contact information to other people. At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for law enforcement, or other issues of public importance, disclosure is necessary. You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.
As is standard practice zkipster may use “cookies” and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there. We use cookies and other technologies to study traffic patterns on our Site, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us. If, however, you prefer not to enable cookies, please disable cookies. Please note that certain features of the Site may not be available once cookies are disabled. As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and click-stream data.
If at any time you feel zkipster acts in violation of this privacy policy, please contact us.
17. Entire Agreement / No Waiver
These terms and conditions constitute the entire Agreement of the parties with respect to the subject matter hereof. No waiver by zkipster of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
18. Correction of Errors and Inaccuracies
The Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. zkipster therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Site at any time without prior notice. zkipster does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
19. Changes to this Terms and Conditions
zkipster may change this terms and conditions from time to time. If we change this terms and conditions at some point in the future, zkipster will post the changes on the Site and by continuing to use the Site and the Service after zkipster post any changes, you accept and agree to the new terms and conditions, as modified.
Of course, the use of information gathered while the current terms and conditions - especially the current privacy statement - are in effect will always be consistent with the current terms and conditions and the privacy statement, even if we change e.g. the privacy statement later.
20. Enforcement / Governing Law / Place of Jurisdiction
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.
Any and all disputes relating to this Agreement, your use of the Site, the Service, or the content are governed by, and will be interpreted in accordance with, the laws of Switzerland.
Venue for any litigation shall be Zurich, Switzerland.