Agreement between user(s) , sellers and ziipa.com

Welcome to ziipa.com. The ziipa.com website (the “Site”) is comprised of various web pages operated by ziipa, Inc. (“ziipa”). ziipa.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of ziipa.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Your use of ziipa.com is subject to ziipa’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting ziipa.com or sending emails to ziipa constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ziipa is not responsible for third party access to your account that results from theft or misappropriation of your account. ziipa and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

ziipa does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use ziipa.com only with permission of a parent or guardian.

Links to third party sites/Third party services

ziipa.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ziipa and ziipa is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ziipa is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ziipa of the site or any association with its operators.

Certain services made available via ziipa.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the ziipa.com domain, you hereby acknowledge and consent that ziipa may share such information and data with any third party with whom ziipa has a contractual relationship to provide the requested product, service or functionality on behalf of ziipa.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use ziipa.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ziipa that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ziipa or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ziipa content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ziipa and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ziipa or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

ziipa has no obligation to monitor the Communication Services. However, ziipa reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ziipa reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ziipa reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ziipa’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ziipa does not control or endorse the content, messages or information found in any Communication Service and, therefore, ziipa specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ziipa spokespersons, and their views do not necessarily reflect those of ziipa.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to ziipa.com or posted on any ziipa web page

ziipa does not claim ownership of the materials you provide to ziipa.com (including feedback and suggestions) or post, upload, input or submit to any ziipa Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ziipa, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ziipa is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ziipa’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your ziipa account to third party accounts. By connecting your ziipa account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by ziipa from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ziipa Content accessed through ziipa.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ziipa, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ziipa reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ziipa in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ZIIPA, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ZIIPA, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ZIIPA, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZIIPA, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ZIIPA, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

ziipa reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ziipa as a result of this agreement or use of the Site. ziipa’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ziipa’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ziipa with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ziipa with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ziipa with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

PRODUCTS POSTED FOR SALE

Products posted on ziipa will be viewed by anyone including registered and not registered users. All applications for sale on ziipa are not partners, in partnership, joint venture or employees of ziipa. Users who post an application for sale in no way bind ziipa to any obligation for the purchase or sale of the application. ziipa does not endorse any application posted for sale, does not make any guarantees regarding the functionality or any claims by the owner of said application. Any action taken by you based on information presented on the Website (ziipa) is done at your own risk. By posting an application for sale on ziipa you fully agree to these TOS and ziipa general Terms Of Use.

ziipa sole purpose is to connect interested parties in buying and selling applications and in no way guarantees the veracity, purpose, claims or intentions of either party or the success of any transaction or inquiry. The sole transaction and exchange of properties and all money is the sole responsibilities of the “buyer” and “seller”. Both parties “agree” that ziipa is not in any way liable directly or indirectly for any part of the transaction and the success of the sale. ziipa does not guarantee that any or all inquires are “real” or legitimate. ziipa does not guarantee that any transaction will culminate in sale. Both “buyer” and seller” agree NOT to hold ziipa or any of its principals, employees responsible or liable for any “issue(s)” that may arise between the parties during or after the sale.

ziipa charges a fee for an application owner to place an icon indicating that the application is “for sale”, The fee is $40.00 USD for a period of Twelve Month(s). Both fee and time-frame are subject to change at any time without notice. Fee will never be retroactive. All transactions are are charged via PayPal. There are no refunds for any reason even if user decides not to sell or does not sell the said application.

INTELLECTUAL PROPERTY RIGHTS

Seller understands and agrees  to the following:

1- He / She is the owner or authorized agent for the said application
2- Seller has the authority to transfer the application to the buyer any other assets.
3- Application does not violate copyrights, trademarks privacy or any other laws criminal or civil.
4-The application is FREE of any third party claims, lawsuits or any other issues.

Notify ziipa at info@ziipa.com if you have any questions or find that there are violations of the TOS.

We take this seriously and will immediately take action to remedy any situation within the parameters in our TOS.

Payment Processing

ziipa will use one or more payment processing systems. You agree to abide by the terms and conditions of those payment processing systems.
You agree that ziipa can change its payment processor(s) at any time without notice. Seller agrees that it is your resposibility for any refund requests (“chargebacks”)
and that ziipa may deduct such chargebacks from your earnings.

Licensing

The seller agrees that all items for sale in the ziipa marketplace do not violate copyrights and or trademarks. If the product has different licensing options these must be clearly stated in the description so that the seller is aware or any restrictions in the use of the product(s).

Product Updates

The seller is  responsible for providing “bug fixes”  maintenance for his or her  Marketplace Products. Failure to do so, if determined by ziipa will cause termination of the account.
All updates to any products must be provided FREE of charge to the buyer for a period of 12 Months.
All products in the marketplace must be relevant to the marketplace and will be denied otherwise,
Seller agrees to respond to all questions, issues or problems within 24 Hours of receiving the request.

Pricing

ziipa does not determine the prices that you can charge for your products.
ziipa reserves to change its prices and pricing structure at any time without
prior notification. However not retroactively.

Representations and Warranties

Seller agrees to the following :

  • The Product is not false, inaccurate or misleading.
  • Product is not fraudulent or unlawful item.
  • Product does not violate any applicable law.
  • Product is not related to pornography.
  • Product does not contain viruses, malware or any code that may harm hardware or software.
  • Product would not cause ziipa to violate any law or regulation in any jurisdiction.

by making it available ziipa.

Indemnification By Seller

Seller agrees to indemnify, defend, and hold ziipa harmless for any lawsuit or legal actions arising from any part of the transaction
and product. ziipa reserves the right to terminate, cancel and take possession of all undistributed earnings  generated by your store.

Changes to Terms

ziipa reserves the right, in its sole discretion, to change the Terms under which ziipa.com is offered.
The most current version of the Terms will supersede all previous versions.
ziipa encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

ziipa welcomes your questions or comments regarding the Terms:

info@ziipa.com