Terms of service

These terms (hereinafter Terms) determine the right to use Zingwa services (hereinafter Service) by all users who obtain access, pass registration or publish any information (hereinafter Content) in the Service. By registering to the Service and using it, you agree to comply with the following Terms.

Main terms

You are liable for using the Service, any Content which you publish in the Service, and the consequences of such publications. The content that you provide, publish or show will be accessible to other Service users, as well as through other services and websites. Please only provide Content which you agree to share with others in accordance with these terms.

Information placed by users on the Service is instantly accessible from any place on the Earth. Each user is understood in relation to the information that they provide.

Users may use the Service only if they have the right to make legally binding agreements with the Service and if they comply with these Terms and all local, regional, national and international laws and regulatory acts.

The Service is constantly developing, its form and contents may change without any prior notification to users. In addition, the Service has the right to suspend (temporarily or permanently) access to its functions (or one of its functions) for a specific user or all users without prior notification. We also maintain the right at any time to impose limitations on usage and storage of information without prior notification to users.

Confidentiality

Any information provided by users to the Service is regulated in accordance with our confidentiality policies which are set out in this section. The confidentiality policy determines the procedure for collecting and using information provided by users. By using the Service users agree that such information shall be collected and used (as stated in the confidentiality policy), including for storage, processing and use by the Service. As part of the service it may be necessary to send users certain messages, for example announcements on new services and administrative messages. These messages are part of the Service and users may not always be able to stop receiving them.

Information provided during registration. To set up or amend a Service account users shall provide some personal information, for example their name, user name, account password, email address, sex, date of birth and other information. Some of this data shall be visible to other users of the Service.

Additional information. Users may provide Zingwa additional publicly available information, for example a short biography, location or photographs. Users may also state information such as mobile telephone number in their account. The Service may use the user's contact details to send messages with service information. Users may stop receiving these messages by following the instructions contained in the messages or on our website. If a user sends us a message by email, we can save this message, email address and contact details to answer the query. Additional information, described in this section, is provided completely voluntarily.

Content, friends, lists and other public information. The Service is mainly intended to help users communicate with the whole world. Most of the information provided by users is information that they wish to make public. Our main task is to publish this information. Public information is immediately widely distributed.

Information on location: you may state your location in Content and profile. When you show your location, we can save your exact coordinates in order to improve our services. You may change this information on your profile's setting page.

Log in data. Our servers automatically record technical information generated when using the Service. This information may include IP address, browser, referrers, pages visited, device used to access the Service and search requests. The technical information of other actions when using the Service is also saved and may be used by Zingwa in the interests of the Service.

Cookies. The Service uses cookie technology to collect additional information on website usage and to improve the Service. Zingwa may use session cookies and permanent cookies for better understanding of the relation between users and the Service and to track total usage of the Service and web traffic to the Service.

Third party services. The Service uses various third party solutions such as Google Analytics. They help to collect information sent by browsers from the user's computer on requested web pages. Such information includes IP addresses and cookies.

Legal requirements and liabilities. Zingwa reserves the right to store or disclose user information if it considers it necessary to do so in accordance with the law, regulatory acts or legal requests; for guaranteeing a party's safety; for investigating instances of fraud, for resolving security or technical issues and also for protecting Zingwa rights and property.

Company reorganisation. If Zingwa undergoes bankruptcy proceedings, merger, acquisition, reorganisation or sale of shares, then users' information may be sold or transferred as part of such reorganisation. Promises to protect information provided in this confidentiality policy remains applicable to the user's information transferred to the new legal entity.

Changes to personal information. Registered Service users are given tools for accessing personal information relating to their account and changes made to it.

Passwords

You are responsible for keeping secure the password you use for accessing the Service as well as any actions or activities performed using your password. We recommend that you use a strong password for your account (a password containing upper and lower case letters, numbers and symbols). The Service can not be held responsible for any loss or damage caused as a result of losing a password or its theft by third parties.

Content posted on the Service

Liability for all Content which is made openly available or posted privately lies with the person who posted this content. We can skip checking or controling Content posted using the Service, and are not liable for it. Any use of Content or material posted on or obtained through the Service is done at the user's own risk.

e do not confirm, support, check or guarantee the completeness, truth, accuracy or authenticity of any Content or messages posted through the service, and any opinions stated on the service do not necessarily reflect our views. Users accept that when using the Service they may come across Content which may be offensive, malicious, inaccurate or unacceptable for other reasons, as well as messages which lead to mistakes due to incorrect information or by other means. The Service does not under any circumstance accept responsibility for any Content, including any mistakes or omissions in any Content, any type of loss or damage arising from using any Content posted, transferred, sent by email or by other means through the Service.

User rights

The user keeps the right to any Content, sent, posted or shown in the Service or with its help. By sending, posting or showing Content in the Service or with its help, the user gives us global, non-exclusive, non-reciprocal license (with sublicensing rights) to use, copy, reproduce, adapt, adjust, modify, publish, circulate, display and distribute such Content using any distribution medium or method (which are known now or which will be developed in the future).

The user agrees that this licence gives the Service the right to provide this Content to other companies, organisations or parties which are Zingwa partners for distribution, broadcasting, presentation or publication of such Content on other media and other services in accordance with the terms of use.

Additional use of the Content by the Service or other companies, organisations or parties which are Zingwa partners may be carried out without paying the user any compensation for Content which the user sent, posted, transferred or made available by other means using the Service.

We may modify or adapt the user's Content for transferring, displaying or distributing in computer networks and different media, and/or change the user's Content when necessary for it to comply with the requirements or restrictions established for any networks, devices, services or media.

The user bears responsibility for using the Service, any Content provided and any consequences of such use, including usage of this Content by other users or our independent partners. The user accepts that Content may be distributed by our partners, and if the user does not have the right to post this Content they may be held responsible. Zingwa does not bear responsibility and is not liable for any use whatsoever of the user's Content.

Zingwa provides the user personal, global, free, non-assignable, non-exclusive licence for using software provided to the user as part of the Service. The only reason for providing this licence is to give the user the possibility to use the Service and receive benefits from using them under the terms of the Service by ways permitted by these Terms.

Zingwa rights

All rights of ownership, use and instructions related to this Service (with the exception of Content provided by users) remains and will always remain the exclusive property of Zingwa and its licensers. No provisions of the Terms give users the right to use the name Zingwa or any trademarks, logos, domain names or other distinguishing signs of the Zingwa trade mark. Any remarks, comments or proposals made by users regarding Zingwa or the Service are provided exclusively on a voluntary basis, and Zingwa has the right to use these remarks, comments and proposals as it wishes, without any liability in relation to the user.

Restrictions regarding Content and Service use

We retain the right (but are not liable for) to delete or refuse to distribute any material in this Service and delete users or withdraw user names. We also retain the right to access, read, store and disclose any information which, in our opinion, is necessary to (1) comply with any laws, legal instructions, legal proceedings or state requests, (2) comply with these Terms, including investigation of their possible violations, (3) discover and prevent fraud, technical problems and for resolving security issues, (4) react to requests on support or (5) protection of rights, property and security of Zingwa, its users and community.

Users are not permitted to publish the following material:

  1. Declarations and statements which violate the laws of the country using the Service and also calls to break the law.
  2. Publication of material, including advertising for pornographic resources, the offer of sexual services and the discussion thereof.
  3. Insults, simple or obscene abuse of a person, or a person's nationality, race or religious affiliation.
  4. Distribution of knowingly false information, and also publication of false information.
  5. Posting messages causing social, national, race or religious harm, as well as propagating social, national, racial, religious or language superiority.
  6. Settlement of personal relations between Service users.

After obtaining access to the Service, or when using it, users do not have the right to perform the following actions: a) gain access to sections of the Service closed to public access, Service computer systems and technical supply systems of Service providers, illegally penetrate or use them; b) check, scan or test the vulnerability of any system or network, break or avoid any security measures or authentication; c) gain access, search ways to access and try to gain access to the Service by any automated or other methods, other than those available now on published interfaces provided by the Service (only in accordance with the terms of their use), with the exception of cases when the right to perform such actions is provided to the user by a separate agreement with Zingwa (NOTE: automated tracking of the Service by robots is permitted, if it is performed in accordance with the provisions of the file robots.txt, however, scanning of Service content without prior permission from Zingwa is strictly forbidden); d) falsify any TCP/IP packet header or any part of heading information in any email or message or any other way of using the Service to distribute corrupt, misleading or false information regarding the distribution source; or e) prevent access of any user, site or network or cut off (or try to do so) such access, including virus distribution, artificial overload, flooding, spam distribution, bombing the Service with emails, or using scripts for creating content which prevent the Service operating or creates excessive overload.

Copyright policy

Zingwa respects the rights of other parties to intellectual property and expects such behaviour from Service users. We react to notifications on possible copyright infringements if they comply with the applicable law and are presented in the proper manner. If the user believes that their Material has been copied and their copyright infringed, they should provide us with the following information: a) the physical or electronic signature of the copyright holder or of their authorised representative; b) features which identify the work protected by copyright, the infringement of which is being notified; c) features which identify the materials, which according to the notification infringe copyright or are tageted by actions which infringe copyright, and which must be deleted or access to which must be suspended, as well as information which makes it possible to find these materials; d) your contact details, including address, telephone number and email address; e) your statement that the use of this material as described in the complaint is not permitted by the copyright holder, its agent or the law; f) your statement that the information in the notification is accurate and the notifier is authorised to act on behalf of the copyright owner and is informed of liability for providing false witness.

We reserve the right to delete Material which allegedly infringes copyright without prior written notification and at our sole discretion. In certain circumstances, if a user has on more than one occasion infringed copyright, then Zingwa has the right to suspend their account.

The Services are provided without a guarantee of quality

Users gain access to services and use them or any Content at their own risk. Zingwa and its partners do not provide any guarantee, explicit or implied, regarding the saleability, usability for certain goals or guarantee of intellectual property. We do not give any guarantees and are not liable for the completeness, accuracy, accessibility, timeliness, security and reliability of the Service or other Content related to it. Zingwa is not liable and does not accept liability for any damage to users' computer systems, loss of data or other damage arising as a result of accessing the Service or using the Service or any Content whatsoever. Users also agree that Zingwa is not liable and does not accept any liability for the removal of any Content or messages as part of information exchange supporting the Service, or the inability to save or transfer such Content or messages. We do not give any guarantees that the Service complies with the user's requirements or is always accessible, secure or error free. Any advice or information, spoken or written, received from Zingwa or through the Service does not contain any guarantees, other than those provided in these Terms in explicit form.

Links

Service Content may contain links to websites or third party resources. Users accept and agree that we are not liable for and do not accept any liability for: a) the accessibility or accuracy of these websites or resources, or b) the content, products or services offered by these websites or resources, or available with their help. Links to such websites or resources do not imply any support from Zingwa for these websites or resources, or the content, products or services available with the help of these websites or resources. Users accept their sole liability and accept the risks arising from using such websites and resources.

Disclaimer and independence of agreement provisions

The inability of Zingwa to exercise any rights or provisions of these Terms shall not be interpreted as a waiver of such right or provision. If any provision of these Terms is declared invalid or does not have legal force, the other provisions of these Terms preserve their legal force and validity.

Regulating laws and jurisdiction

These Terms and any action in relation to these Terms are regulated by the laws of the country in which Zingwa is registered. Users agree with the choice of jurisdiction and legal investigations in the courts of the country in which Zingwa is registered, and waive any objections regarding the inconvenience of the location of the investigations.

Entire agreement

These Terms constitute the full and only agreement between the company Zingwa and users regarding the Service (with the exception of services provided under a separate agreement with Zingwa, which states in explicit form that it adds to or replaces these Terms). These Terms supersede all prior agreements between Zingwa and users regarding the Service. Zingwa may occasionally review these Terms. The current version may always be found at http://zingwa.com/terms. By continuing to receive access to the Service or use it after changes come into force, users confirm the obligation to comply with the reviewed Terms.