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1. Terms of Use
By using this site or the RedZebra Mobile® service (the Service) in any way, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use please do not use this site or Service. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site or Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Please note that any other RedZebra Mobile Limited services outside of RedZebra Mobile® are governed by a different Terms of Use.
2. Description of Service
RedZebra Mobile® currently provides users with access to image viewing & storage, web page hosting services, publishing and community services and ancillary services. A user's website is known as their RedZebra Mobile® account. This includes, but is not limited to, the capability to post information to a web page from a mobile phone. By using RedZebra Mobile® you, the user, agrees to be billed a subscription fee (except for the trial serivce for which their is no fee, other than any selected add-on services) which covers the basic use of the system, at a level selected by yourself, the user, together with add-on services of your choice. There may be a requirement for additional fees depending upon the features used within RedZebra Mobile®. The requirements for any additional fees will be clearly explained when a user implements those options. Users have to provide their own equipment (mobile phone, mobile service). The user must pay any connection and messaging fees to their Mobile Service Provider (including premium rate SMS and MMS,) as selected by the user and necessary to connect to the RedZebra Mobile® service.
3. Modifications to Service
RedZebra Mobile Limited reserves the right to modify or discontinue the Service with or without notice to user. RedZebra Mobile Limited shall not be liable to any user or any third party should RedZebra Mobile Limited modify or discontinue the Service.
4. Agreement to Rules of User Conduct
You agree to abide by this site's Rules of User Conduct, including but not limited to, agreeing not to use this site or Service for any unlawful purpose.
5. Rules of User Conduct
By posting in images, videos, data, files, information or otherwise using any communications service, chat room, message board, newsgroup, software library, blog, social network, rss, or other service that may be available to you on or through this site or service, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data, or other information - that:
is unlawful, threatening, abusive, harassing, defamatory, libellous, violent, sadistic, deceptive, fraudulent, invasive of another's privacy, tortuous, contains foul, obscene language, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to underage pornography, sexual language of a violent or threatening nature directed at another individual or group of individuals), is repulsive or horrible in nature, or otherwise violates this Service's rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, membership of the travelling community, marital status, family status, sexual orientation, race, national origin, age, or disability; results in any unreasonable invasion of privacy, induces an unacceptable sense of fear or anxiety, encourages or incites any person to engage in harmful or dangerous practices or to use dangerous substances, cause grave or widespread offence, debase, degrade, or demean, purport to make contact with deceased persons;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as spamming), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
attempts to obtain unauthorized access to any data or other information of any third party; or
impersonates any person or entity, including any employee or representative of RedZebra Mobile Limited
You also agree that you will not harvest or collect information about the users site and/or service or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
You further agree that you will not knowingly solicit or collect personal information from a child 18 years old or younger without appropriate prior verifiable parental consent.
RedZebra Mobile Limited generally does not pre-screen, monitor, or edit the content posted by users that may be available on or through this site and Service. However, this site and its agents have the right at their sole discretion to remove any content that, in RedZebra Mobile Limited Software's sole judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. RedZebra Mobile Limited is not responsible for any failure or delay in removing such content.
6. Third Party Sites
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of RedZebra Mobile Limited Software, and you acknowledge that RedZebra Mobile Limited is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by RedZebra Mobile Limited or any association with its operators.
7. Advertising and Promotion
RedZebra Mobile Limited may run advertisements and promotions on user's RedZebra Mobile® service, unless you subscribe to a non-advertisement level of service. By creating a RedZebra Mobile® account you agree that RedZebra Mobile Limited has the right to run such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed on your RedZebra Mobile® site. Doing so is grounds for immediate termination of service. The manner, mode and extent of advertising by RedZebra Mobile Limited on your RedZebra Mobile® site are subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, condition, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that RedZebra Mobile Limited shall not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.
8. Proprietary Rights
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by RedZebra Mobile Limited, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download the material or content on this site from folders which you are properly authorised to access, provided that you keep intact all copyright and other proprietary notices, and within the terms of the subscription service you select. You may use the material so downloaded for any purpose which is itself legitimate, and in such a manner as to be a legitimate use by yourself. Use of the content or materials, in a manner or for any purpose not expressly permitted in these Terms of Use is prohibited.
9. Content Submitted to RedZebra Mobile®
RedZebra Mobile Limited does not claim ownership of the content you place in your RedZebra Mobile® site. RedZebra Mobile Limited may quote or reproduce portions of your content (as long as you have not protected it by registering for Full Privacy as part of a RedZebra Mobile paid account service) in order to promote your use of RedZebra Mobile®, or any of the RedZebra Mobile® services, or RedZebra Mobile Limited.
10. Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify RedZebra Mobile Limited.
11. Disclaimer Of Warranties
All materials, information, software, products, and services included in or available through this site or service are provided at your own risk and are available as such for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. RedZebra Mobile Limited, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that this site or service will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site or service is solely at your risk.
12. Limitation Of Liability
Under no circumstances shall RedZebra Mobile Limited, its subsidiaries, or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site or service. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if RedZebra Mobile Limited has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, RedZebra Mobile Limited’s liability in such jurisdictions shall be limited to the extent permitted by law. Notwithstanding the above, any and damages shall be limited to the amount actually paid by you for the RedZebra Mobile ® service during the year in which such damages occur. In no event shall the total compensation for any damages exceed £1,000.
13. Indemnification
Upon a request by RedZebra Mobile Limited, you agree to defend, indemnify, and hold harmless RedZebra Mobile Limited and its subsidiaries, other affiliated companies, licensors, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this Service. RedZebra Mobile Limited reserves the right, at it own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with RedZebra Mobile Limited in asserting any available defences.
14. International Use
RedZebra Mobile Limited makes no representation that materials on this site or the Service are appropriate or available for use in international locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site or the Service from other locations do so on their own initiative and are responsible for compliance with local laws.
15. Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of England & Wales. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site and Service shall be filed only in the courts located in England & Wales, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
16. Severability and Integrations
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and RedZebra Mobile Limited with respect to this service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and RedZebra Mobile Limited with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
17. Notices
Notices to you may be made via email, regular mail, SMS or MMS.
18. Violations
Please report any violation of these terms of use to RedZebra Mobile Limited.
19. User ID, Password and Account
In order to make use of the RedZebra Mobile® service, RedZebra Mobile® will grant you a User ID, Password, Email address (only for use as the destination your images) and Account. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible and liable for all activities conducted through your User ID, Password and Account, even if this occurs without your permission.
20. Notification and Indemnification
You agree to immediately notify RedZebra Mobile® in writing of any unauthorised and/or fraudulent use of your User ID, Password, Account or email address. You agree to indemnify RedZebra Mobile® against any and all third party claims and all related liabilities arising out of, or relating to, the use of Your User ID, Password, Account or email address. RedZebra Mobile Limited will not be liable for any damages resulting from the unauthorised and/or fraudulent use of your User ID and/or Password and the unauthorised use of your Account or email address. The liability of a RedZebra Mobile® member for his/her Account does not limit the additional liability of the RedZebra Mobile® Administrator for that RedZebra Mobile® account too.
21. Change of User ID and Password
RedZebra Mobile® reserves the right to change your User ID or Password if this is in the interest of the functioning of the service, to prevent fraudulent use of the service, or if we think that you are infringing someone else’s intellectual property rights, all entirely in the sole discretion of RedZebra Mobile® .
22. Change of Tariffs
RedZebra Mobile® reserves the right to change the tariffs at any time by giving a thirty (30) day notice of such change on the website www.redzebra.info/pricing or by stating new tariffs in connection with your purchase of respective services. If you do not wish to accept such adjustment of tariffs, you are entitled to terminate the Account(s) which the adjustment affects. You may terminate the affected Accounts by written notice, with effect from the date on which the adjustment of tariffs would become effective. You agree that by continuing to use the service following the adjustments of the tariffs, you accept such adjustments.
23. Privacy Policy
RedZebra Mobile® is committed to respecting your privacy and the confidentiality of Your personal and traffic data. The Privacy Policy, published on RedZebra Mobile® ’s website below, applies to the use of data, as well as the confidential information transmitted to and via the RedZebra Mobile® services.
24. Ownership
All intellectual property rights regarding the RedZebra Mobile® service, including but not limited to the software and related documentation developed and/or owned by RedZebra Mobile® or its Affiliates shall be and shall remain the sole property of RedZebra Mobile® or its Affiliates. The providing of the RedZebra Mobile® services does not imply any transfer of intellectual property rights.
You shall only obtain a non-exclusive and non-transferable right for the use of the RedZebra Mobile® services. You commit yourself to adhere strictly to any conditions laid down in the Terms of Service or imposed in any essential purpose.
25. Force Majeure
You acknowledge and understand that if the RedZebra Mobile® service does not function that RedZebra Mobile® will not be in breach of any of its obligations towards you under these Terms of Service in the event of a force majeure event. A force majeure event means any event beyond the control of RedZebra Mobile® including, but not limited to, an act of God, insurrection, terrorist activity, civil disorder, war or military operations, national or local emergency, flood, serious and sustained power outage or disruption of telecommunications or internet services.
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