The following Terms of Service govern all use and access to the websites, landing pages, client
services, features, applications, and information provided by ZappySites (as defined below),
but not limited to any offering(s) or promotions that may include free trials, discounts, customized
services or service offerings provided to the User (as defined below).
Please read every section of these Terms (as defined below) in its entirety carefully, as they contain important information about your legal rights.
Effective immediately, ZappySites and the User (as defined below) are each referred to herein as a "Party" and, collectively, as the "Parties". Now, therefore, for and in consideration of the mutual promises and agreements contained herein, ZappySites, and the User hereby agree as follows.
"Terms”, “Agreement”, shall include all of the terms, conditions, and legal
"ZappySites", "Us", "We", and "Our" collectively or individually refers to ZappySites, LLC and its subsidiaries.
“User”, “End User”, “You”, and “Your” means the person, firm, company or other legal entity that may (a) be accessing Services (as defined below), Features, Software, Website(s), or Digital Assets that may be offered or provided by ZappySites; (b) Pay for automated billing or subscription services from ZappySites; (c) Use or access any website(s) hosted or created by ZappySites.
“Digital Assets” will be defined as any asset that may exist in digital format including but not limited to websites, templates, themes, graphics, images, photographs, logos, domain names, digital media, multimedia, audio, trademarks, copyrights, intellectual property, computer files, documents and their respective contents or assets.
“Website” refers to all information, data, code, graphics, documentation, intellectual property, and digital assets associated with any website owned, operated, managed, or hosted by ZappySites; Including but not limited to the website found at www.ZappySites.com and any website(s) designed, developed, hosted, or maintained for our clients.
“Services”r refers to any services, products, offerings, promotions, or Digital Assets created, registered, hosted, managed, maintained, or offered by ZappySites.
“Our Policies” refers to all standards, policies, practices, specifications, requirements (whether technical or non-technical), procedures, operations, terms, conditions, rules, guidelines, and other information provided on www.ZappySites.com and associated web pages. These policies may be changed without notice or warning at our sole discretion.
“Our Data” refers to any and/or all data or other information generated by or in association with our Website, Services, partners, affiliates, and offerings.
“Our Property” shall include but not be limited to:
“Content” refers to any and all textual and graphical content including, but
copy, text, code, slogans, blogs, articles, images, photographs, graphics, sound, music, video,
animation, characterization, trademarks, data, media, and Digital Assets.
“IP”, “Intellectual Property” refers to all intellectual property, copyrights, patents, trade secrets, service marks, domain names, confidential data, or creative works.
2. ACCEPTANCE OF TERMS
This Website and the Services are owned and operated by ZappySites. These terms constitute a binding
agreement between ZappySites and you the User, whether personally or on behalf of an entity. This
Agreement governs your use of and access to all Services, software platform, and all related
documentation provided by ZappySites. The User accepts and agrees to be legally bound by the
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion and without notice, to make changes or modifications to these Terms of Service at any time and for any reason. We will indicate changes by updating the “Last updated” date of these Terms of Service, and the User waives any right to receive specific notice of each such change. The User agrees to check the applicable Terms every time they use our Site so that they understand which Terms apply. The User will be subjected to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
3. USE OF LICENSE
Subject to the terms of this Agreement, ZappySites hereby grants you a limited, non-exclusive and nontransferable license to register with, access and use the Site strictly in accordance with the Terms herein including any Additional Terms. The User agrees and acknowledges that the User has the sole responsibility and liability for their use of the Website and Services and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use the Services or the Website.
You shall not: (a) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Site or Website, (b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or Website or any part thereof; (c) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services or Website, including any copy thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or Website or any features or functionality of the Services or Website, to any third party for any reason; (e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Services or Website; or (f) use the Website or Services or any part thereof for any purpose that: (i) interferes with or induces a breach of the contractual relationships between ZappySites and its employees; (ii) is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property; (iii) transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications; (iv) transmits any harmful or disabling computer codes or viruses; (v) harvests Email addresses from the Services or Website; (vi) transmits unsolicited Email to this website or to anyone whose Email address included the domain name under on the Website; (vii) interferes with the Company’s network services; (viii) attempts to gain unauthorized access to the Company’s network services; (ix) suggests an express or implied affiliation with the Company or broker relationship with the Company (without the express written permission of the Company); (x) impairs or limits the Company’s ability to operate the Services or Website or any other person’s ability to access and use site or Website; (xi) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity; (xiii) harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (xii) transmits or uploads pornographic, violent, obscene, sexually explicit, racially discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images; (xiv) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities; (xv) dilutes or depreciates the name and reputation of the Company or any of its affiliates; (xvi) transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or (xvii) unlawfully transmits or uploads any confidential, proprietary or trade secret information.
5. RESERVATION OF RIGHTS
You acknowledge and agree that: (a) the Website and Services are provided under license, and not sold, to you; and (b) You do not acquire any ownership interest in the Services, Digital Assets, Products or Website under this Agreement, or any other rights thereto other than the right to use the Services in accordance with the license granted and access the Website, which are in each case subject to all terms, conditions and restrictions, under this Agreement. ZappySites, its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Website and Site, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as otherwise expressly granted to You in this Agreement.
6. ACCOUNT REGISTRATION
Eligibility: By using the Site, you represent and warrant that: (1) you have the legal capacity and
you reside; (3) you will not access the Site through automated or non-human means, whether through a
bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose;
and (5) your use of the Site will not violate any applicable law or regulation.
Account Registration: In order to access and use all of the features of the Service, you are required to open an account (“User Account”) by registering with www.zappysites.com . When you register for your User Account you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current.
Credentials: Upon registration for a User Account, you will be required to provide login credentials which include a valid email address and password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify us of any suspected or actual unauthorized use of your User Account. You agree that we will not under any circumstances be liable for any cost, loss, damages or expenses arising out of the User’s account or Services being compromised in any way, including but not limited to failure by you to maintain the security of your password.
7. PURCHASED (SUBSCRIPTION) SERVICES
Subscription: Our Services are billed on a subscription basis ("Subscription(s)"). You will be
billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycle is set on a
monthl y basis , annual basis, or One-time payment, depending on the available payment options or
type of subscription plan you select when purchasing a Subscription or Services.
Your use of the Subscription Services may be subject to additional terms and conditions that you must accept, approval of your valid payment card and verification of other information that we may request from you, including your IP address. The Subscription Services may also require additional technical requirements.
Billing: We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Subscription Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Subscription Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
We may notify you about changes to prices and/or the Subscription Services by sending an email message to your email address on file and by publishing such notices from time to time on the informational page(s) of the Site. If your email service includes functionality or software that catalogs your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list.
8. SEARCH ENGINE MARKETING
ZappySites reserves the right to deny any Google Ad services at our discretion without notice or explanation. Reasons for denial may include but are not limited to restricted industries or products. ZappySites will not provide Google Ad services for any industry or product that is deemed to be illegal, unethical, or in violation of Google's advertising policies.
9. LICENSING AND OWNERSHIP OF MEDIA, FILES, AND DIGITAL ASSETS
The User accepts and agrees that all Digital Assets created, registered, or provided by ZappySites,
whether or not necessary to render purchased services to the User, are the exclusive and sole
property of ZappySites. All Digital Assets owned by ZappySites may not be copied, modified, edited,
customized, or changed by the User, unless when the User has been given written permission by
ZappySites. ZappySites retains the right to revoke the User’s rights to any granted permissions to
any Digital Assets at any time without reason.
The User agrees that any Digital Assets shared with or provided to ZappySites through any means or medium, including but not limited to email, postal mail, internet uploads, internet transmission, cloud storage, physical storage or Digital Assets shared through ZappySites Websites, warrant an irrevocable, indefinite, unlimited, unrestricted, non-exclusive, royalty-free, and transferable license (the “License”) to ZappySites and our affiliates. The User agrees that ZappySites is allowed to copy, modify, edit, customize, or otherwise make changes to any Digital Assets associated with this License at any time without notice, approval or consent. The User accepts and agrees that this License shall not be limited by any other party of agreement made between any parties. The User accepts and agrees that ZappySites may license, sublicense, redistribute, publish, promote, or permit the use of any Digital Assets associated with this License without notice, approval or consent.
Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and
granted in the sole discretion of ZappySites . Once subscription is charged, a refund may be
provided by request via email to email@example.com if and only if no credits from the
subscription have been used:
1. INTELLECTUAL PROPERTY RIGHTS
11 . FEEDBACK AND SUGGESTIONS
You hereby acknowledge and agree that ZappySites shall own all rights, title and interest in and to any suggestions, enhancement requests, recommendations or other feedback from you relating to the Site or Website, including in response to any surveys (“Feedback”). Should any right or interest inure to You, You hereby agree to irrevocably assign, and hereby do irrevocably assign all right title and interest in any such Feedback to Company.
12. TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF
ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13. APPLICABLE LAW
You agree that these Terms of Service and any dispute arising out of your use of this site or services provided will be governed by and construed in accordance with local laws applicable at our company’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the Courts having jurisdiction over the Company's domicile, and that any disputes will be heard by the said Courts.
14. DISPUTE RESOLUTION
Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought
by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to
first attempt to negotiate any Dispute informally for at least forty-five (45) days before
initiating arbitration. Such informal negotiations commence upon written notice from one Party to
the other Party.
Binding Arbitration: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, which cannot be resolved by negotiation shall be referred to and finally resolved by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable). The number of arbitrators shall be three (3). The seat or legal place of arbitration shall be the State of Virginia, USA. The language of the proceedings shall be English Language. The governing law of the contract shall be the substantive law of the United State of America.
Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The site is provided on an AS-IS and AS-AVAILABLE basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, and without limitation, the implied warranties of merchantability, suitability for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
16. LIMITATIONS OF LIABILITY
In no event we will or our directors, employees, or agents are liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us. Certain US State laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
The User agrees to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website, Site, or Services ; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site or Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all or part of the Site
without notice at any time. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
To resolve a complaint regarding the Site or to receive further information regarding use of the
Site, please contact us at:
Updated: 19 November, 2023
ZappySites is not a part of YouTube, Google or Facebook website; Google Inc or Facebook Inc. Additionally, This site is NOT endorsed by YouTube, Google or Facebook in any way. FACEBOOK is a trademark of FACEBOOK, Inc. YOUTUBE is a trademark of GOOGLE Inc.
Disclaimer: We make no claim or guarantee of results delivered to our clients. Sales, Revenue, Reviews, Testimonials, Advertisements, Marketing and Spokesperson material displayed or shared do not warrant or guarantee any results, sales, revenue or increased ranking on any internet platforms including but not limited to Google, Yahoo, Bing, DuckDuckGo, and Facebook. ZappySites makes no guarantee of services or results delivered to you the User or any entity that you are authorized to represent. Results, outcomes, business success, and increased ranking on any internet platform or search engine will vary and depend on many factors including but not limited to customer reviews, external search engine optimization, and other factors related to your company, business, website or organization.