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Terms of Use

ZigMate provides an online social networking service. This Agreement includes the ZigMate policy for acceptable use of the ZigMate Services and Content posted on the ZigMate Website, your rights, obligations, and restrictions regarding your use of the ZigMate Services and ZigMate Terms of Service. In order to participate in certain ZigMate Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the ZigMate Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: support@zigmate.com, Subject: Terms of Use Agreement.

1. Eligibility

To create an account on ZigMate, you must provide us with at least your name, email address and/or mobile number, and a password and agree to our User Agreement, which governs how we treat your information. You may provide additional information during the registration flow (for example, your gender, age, job title, company, hobbies and etc.) to help you build your profile and to provide you with more customized services on ZigMate.

In order to enable a few features on ZigMate, you may use our address book or "contacts" importer (or other similar features) to upload your phone address book into our Services. Any information that you upload or sync with our Services is covered by the User Agreement. You can remove your address book and any other synced information at any time.

By using our services, you agree that we may collect, use, and share your Information in accordance with these Terms of Service, as revised from time to time. By continuing to use our services after any changes to these Terms of Service, with or without notice from us, you agree to the revised Terms of Service.

Use of and Membership in the ZigMate Services is void where prohibited. By using the ZigMate Services, your present and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and reached the age of adulthood under your national laws; and (d) your use of the ZigMate Services does not violate any applicable law or regulation. Your profile may be deleted your Membership may be terminated without warning, if we believe that you are under 18 years of age or fails to reach the age of adulthood under your national laws.

2. Privacy of Personal Information

Other than as permitted under these Terms of Service or as otherwise consented to by you, we will not transfer your Personal Information to any other third parties for their processing for any purposes.

We and our affiliate companies may share your Personal Information within our group of companies and with joint venture partners and third party service providers, contractors and agents (such as communication service providers who send emails or push notifications on our behalf, mapping services providers who assists us and you with location data, analytics partners who assist our business, and advertising partners of our services). In addition, we may allow such third parties to collect your Personal Information across our services. In each case, we permit such sharing and/or collection for the purposes of: (I) providing our services to you; (ii) assisting us in carrying out the purposes set out under the "How We Use Your Information" section above; (iii) carrying out our obligations and enforcing our rights under the Terms of Service; and/or (iv) our business, including helping us better understand and improve our services. These third parties may be located, and use and store your Personal Information, outside of your jurisdiction for these purposes. Where we permit any third parties to collect and use your Personal Information in accordance with the above paragraph, we will use reasonable efforts to ensure that such third parties only use your Personal Information: (I) in compliance with this Terms of Service; and (ii) subject to any other instructions we give them, including any appropriate confidentiality and security measures that we implement.

You agree that we or our affiliate companies may be required to retain, preserve or disclose your Personal Information: (I) in order to comply with applicable laws or regulations; (ii) in order to comply with court order, subpoena or other legal process; (iii) in response to a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (iv) where we believe it is reasonably necessary to comply with applicable laws or regulations. You also agree that we our affiliate companies may need to disclose your Personal Information in order to enforce the Terms of Service or this Terms of Service, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of our services.

3. Password

When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ZigMate via hi@ZigMateapp.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Non-commercial Use by Members

ZigMate Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ZigMate. Illegal and/or unauthorized use of the ZigMate Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ZigMate Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of ZigMate Services.

5. Proprietary Rights in Content on ZigMate

By displaying or publishing (posting") any Content on or through the ZigMate Services, you hereby grant ZigMate a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the ZigMate Services.

You represent and warrant that: (I) you own the Content posted by you on or through the ZigMate Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the ZigMate Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to or through ZigMate Services.

The ZigMate Services contain Content of ZigMate ("ZigMate Content"). ZigMate Content is protected by copyright, trademark, patent, trade secret and other laws, and ZigMate owns and retains all rights in the ZigMate Content and the ZigMate Services. ZigMate hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the ZigMate Content (excluding any software code) solely for your personal use in connection with viewing the ZigMate Website and using the ZigMate Services.

The ZigMate Services contain Content of Users and other ZigMate licensors. Except for Content posted by you, you may not copy, modify, translate, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through ZigMate Services.

6. Content Posted

ZigMate may delete any Content that in the sole judgment of ZigMate violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. ZigMate assumes no responsibility for monitoring the ZigMate Services for inappropriate Content or conduct. If at any time ZigMate chooses, in its sole discretion, to monitor the ZigMate Services, ZigMate nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the ZigMate Services, and any material or information that you transmit to other Members and for your interactions with other Users. ZigMate does not endorse and has no control over the Content. Content is not necessarily reviewed by ZigMate prior to posting and does not necessarily reflect the opinions or policies of ZigMate. ZigMate 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 other Members.

7. Prohibited Content/Activity

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the ZigMate Services. ZigMate reserves the right to investigate and take appropriate legal action against anyone who, in ZigMate sole discretion, violates this provision, including without limitation, removing the offending communication from the ZigMate Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of ZigMate:

1. is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

2. harasses or advocates harassment of another person;

3. exploits people in a sexual or violent manner;

4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5. solicits personal information from anyone under 18;

6. sharing content that relates to commercial activities (including but not limited to sales, competitions, promotions, and advertising, solicitation for services, sex work, "sugar daddy" or "sugar baby" relationships, links to other websites or premium line telephone numbers);

7. promotes information that you know is false or misleading or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory, or libelous;

8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming" or "spamming;"

10. contains restricted or passwords only access pages or hidden pages or images (those not linked to or from another accessible page);

11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

14. includes a photograph of another person that you have posted without that person's consent; or

15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading, or deceptive Content intended to draw traffic to the profile.

8. Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of ZigMate to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to ZigMate by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the ZigMate Services in a way that constitutes copyright infringement, please provide us with the following information by sending them to hi@ZigMateapp.com: (I)an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the ZigMate Services; (iv) your address, telephone number, and email address; (v) 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; (vi) 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.

9. Member Disputes

You are solely responsible for your interactions with other ZigMate Members. ZigMate reserves the right, but has no obligation, to monitor disputes between you and other Members.

10. Privacy

Use of the ZigMate Services is also governed by our Terms of Service, which is incorporated into this Agreement by this reference.

11. Disclaimers

ZigMate is not responsible for any incorrect or inaccurate Content posted on the ZigMate Website or in connection with the ZigMate Services, whether caused by Users of the ZigMate Services or by any of the equipment or programming associated with or utilized in the ZigMate Services. Profiles created and posted by Members on the ZigMate Website may contain links to other websites. ZigMate is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored, or checked for accuracy or completeness by ZigMate. The inclusion of any linked website on the ZigMate Services does not imply approval or endorsement of the linked website by ZigMate. When you access these third-party sites, you do so at your own risk. ZigMate takes no responsibility for third party advertisements which are posted on this ZigMate Website or through the ZigMate Services, nor does it take any responsibility for the goods or services provided by its advertisers. ZigMate is not responsible for the conduct, whether online or offline, of any User of ZigMate Services. ZigMate assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. ZigMate not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ZigMate Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the ZigMate Services. Under no circumstances shall ZigMate be responsible for any loss or damage, including personal injury or death, resulting from use of the ZigMate Services, attendance at a ZigMate event, from any Content posted on or through the ZigMate Services, or from the conduct of any Users of the ZigMate Services, whether online or offline. The ZigMate Services are provided “AS-IS” and as available and ZigMate expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ZigMate cannot guarantee and does not promise any specific results from the use of ZigMate Services.

12. Limitation on Liability

In no event shall ZigMate 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 ZigMate has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ZigMate 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 ZigMate for the ZigMate services during the term of membership.

13. Disputes

If there is any dispute about or involving the ZigMate Services, you agree that the dispute shall be governed by the laws of Hong Kong, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Hong Kong. Either ZigMate or you may demand that any dispute between ZigMate and you about or involving the ZigMate Services must be settled by arbitration utilizing the dispute resolution procedures of China, provided that the foregoing shall not prevent ZigMate from seeking injunctive relief in a court of competent jurisdiction.

14. Indemnity

You agree to indemnify and hold ZigMate, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the ZigMate Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the ZigMate Website or through the ZigMate Services causes ZigMate to be liable to another.

15. Other

This Agreement is accepted upon your use of the ZigMate Website or any of the ZigMate Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Sigma regarding the use of the ZigMate Services. The failure of ZigMate to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 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. Please contact us at: support@zigmate.com with any questions regarding this Agreement