Zup

Terms of Service

All users, both registered and not registered ("User"), must carefully read the following Terms of Service (TOS), before utilising any ZUP services.

1. ACCEPTANCE OF TERMS ZUP reserves the exclusive right to decide what can, and cannot, be done through its Services. Services are provided only to registered users. Users become "Members" of ZUP only after registering. Registration implies the acceptance of the TOS, which regulate access to our Services. The registration process requires Users to provide personal data which will be treated according to EU Privacy Laws and the most stringent ZUP Privacy Policies. Hereafter ZUP will be indicated as one of the Parties stipulating the agreement with the user. To this purpose, ZUP (the service) and Worked Here Ltd. (the Company which owns, manages, develops the ZUP platforms) correspond.

2. SERVICE DESCRIPTION Currently, ZUP provides its Users a web-based online service that allows users to send and receive messages to other Users. It is very important that the e-mail address provided during the registration process is correct, as the instructions for the validation and activation of the account will be sent to this address. ZUP DOES NOT sell content, but rather provides a service to transfer messages supplied by the Users from the web to mobile devices. ZUP does not operate any control over the messages sent by the Users, and therefore cannot be held responsible for any messages transmitted by users. Unless otherwise indicated, any modification of ZUP Services which alter the way in which the Service can be used and/or the launch of new services will be subject, and therefore regulated by the TOS. Users acknowledge that the Service is provided "as is" and "as available"; therefore, ZUP does not assume any responsibility and makes no guarantee as to the use and availability of the Service. ZUP does not assume any implicit or explicit responsibility for the content of any messages sent by the Users of the service. Declarations and opinions expressed by the users do not necessarily represent ZUP opinions, as ZUP does not approve, select, certify or control the content of the messages. Moreover, ZUP is not responsible for the receipt or for the quality of any good or service sold or advertised on ZUP. If someone believes that a messages published by a user infringes any Law, he\she is kindly requested to contact ZUP at the email address: abuse@zupme.com

3. OBLIGATIONS RELATING TO REGISTRATION AND CHILD PROTECTION In order to utilise the Service, the User must agree to: a) provide correct personal information during the registration process, ensuring that all information is current, complete, and true (in particular, the email address, which is necessary to activate the service) b) maintain and update their registration data, in order to keep them current, complete and true c) represent that he\she is of legal age to form a binding contract and is not a person barred from receiving services under the laws of the European Union or other applicable jurisdiction. ZUP is concerned about the safety and privacy of all its users, particularly children. For this reason, users must be at least 14 years old to utilise the service.

4. PRIVACY POLICY AND INFORMATION ON PERSONAL DATA PROTECTION The Registration Data and any other information to a Registered User are collected and used according to the strictest EU laws, and to the ZUP Privacy Policy. ZUP declares that: 1.The Registration Data provided by Users are collected and used by Worked Here Ltd., the Company which owns and runs the ZUP Platform and Services. The Registration Data are collected solely for correctly delivering the Service, according to the TOS. ZUP recognises specific rights of its User, including the possibility (i) to request records indicating whether or not ZUP retains the User's personal data (ii) to track the origin of the User's record, and of the logic and objectives for retaining such data; (iii) to effect the updating, correction, integration and eventual cancellation of the User's data, wherever possible; (iv) to oppose the use of personal data for marketing and sales purposes. In order to exercise these specific rights, the User may directly contact the person responsible for the Privacy and Database, at privacy@ZUPME.com

5. ACCOUNT AND PASSWORD Upon completion of the Registration Process, the User obtains a private account (USERNAME) and a PASSWORD, for which the User is solely responsible. The User must be aware that, in order to regulate access to the Service, his/her authentication depends on the verification of the correct USERNAME and PASSWORD.

6. USER CONDUCT The User has the sole responsibility for any message sent, published, or in any other way transmitted or distributed through the Service. ZUP does not control the content posted or uploaded to its servers by the Users and, as such, does not guarantee the integrity, the correctness, or quality of such content. Under no circumstances will ZUP be liable in any way for any content made available through the Service. The User agrees not to use the Service to: a) Upload, publish, or make available in any other way Content that is unlawful or prohibited; b) Harm people under the age of 18 in any way; c) Upload, publish, or make available in any other way Content that the User does not have the right to distribute; d) Upload, publish, or make available in any other way Content which infringes any Patent, Law, Trade Secrets, Copyright or other Proprietary Rights; e) Disturb or interfere with the Service, the servers or the networks connected to the Service; f) Violate any Local or International Law or applicable regulations; g) Collect and store other Users' personal data without their explicit permission; h) Upload, publish, or make available in any other way pornographic material, which is strictly prohibited in all areas of ZUP. ZUP does not filter Content in advance. Nonetheless, ZUP and other entities designated by ZUP reserve the sole right -without assuming any obligation- to refuse or remove any Content accessible through the Service. The User is solely responsible for the material posted in any area of ZUP. The publication and posting of the following types of Content is strictly prohibited: Material not suitable for people under the age of 18, Content which infringes Any Local or International Copyright law, in particular Pirate Software (WAREZ, CRACK), musical files, Software and games, images and text covered by Copyright laws; Content which can offend or harm other people, including expression of hatred, racism, or the discrimination against groups of people, or threatening or insulting; Content promoting or providing information for the promotion of illegal activities, or potentially harmful to 3rd parties; o Paid advertising or sponsorship; Content or activities infringing any Local or International Laws. The User recognises and accepts ZUP's right to save Content and disclose it to 3rd parties, in order to: a) provide an efficient service; b) manage the User's account consistent with ZUP operational procedures; c) comply with legal requests because ZUP believes, in good faith, that it is necessary to: (i) fulfill legal obligations; (ii) defend itself from 3rd party accusations relating to the infringement of Copyright laws; (iii) to protect ZUP and its Users' rights, property and security. By uploading files on ZUP, the User agrees to respect all the rules of the TOS. ZUP reserves the right to decide what the user can and cannot do with the Service. ZUP reserves the right to remove any User's file at any moment, and to cancel any subscription without prior notice. It is the sole responsibility of the User to keep a copy of the Content uploaded on ZUP. ZUP does not assume any responsibility in case of partial or total loss of the User's material. Although ZUP is not obliged to pre-screen and screen the files uploaded by Users, ZUP reserves the right to access any account and any file, without prior notice, in order to verify the Users' compliance with the TOS. Personal data provided to ZUP remain the User's property. The User allows ZUP to use this information for operational and marketing purposes. This information will never be sold or ceded to 3rd parties, unless specifically requested by Law, or unless explicitly agreed to by the User. The use of this Service is entirely at the User's risk. Services are provided without any implicit or explicit guarantees. In no way is ZUP responsible for eventual damages deriving from the inaccessibility to personal information, from the loss or alteration of stored materials by other Users, or by any other event, including service interruption. The TOS and the relationship between ZUP and its Users will be governed by European and Irish laws.

7. PUBLIC CONTENT The User agrees that all Content he/she publishes to the Public areas of ZUP are provided for a free, perpetual, irrevocable, non-exclusive, and freely sub-licensable license to use, reproduce, modify, adapt, publish, translate, to create derived works, distribute, and visualise (partially or wholly) in the whole World and/or to incorporate this Content in any form, media or technology currently known or to be developed in the future.

8. INDEMNITY In the event of legal action brought on by third parties in relation to Content submitted, posted, published or otherwise made available through the Service, and/or in relation to any Users' conduct, and/or in relation to the User's violation of the TOS, and/or of the User's violation of the rights of others, the User agrees to indemnify ZUP, and its affiliates, partners, owners, officers, agents, and employees from all claims and demands (including legal fees).

9. NO RESALE OR COMMERCIAL USE OF SERVICE The User agrees not to reproduce, copy, duplicate, sell, resell or in any way use for commercial purposes any part of the Service, including access to the Service.

10. GENERAL RULES REGARDING SERVICE USE The User agrees that ZUP may establish rules and general limits regarding the use of the Service, including the maximum amount of disk space the can be used by each user, the number of times the User can access the Service per Unit of time, the number and size of the content which can be uploaded or downloaded, the duration of each session. The user agrees that ZUP cannot be held responsible for the loss of data, or content uploaded by the user.

11. SERVICE MODIFICATION ZUP reserve the sole and exclusive right to modify at any moment, even without notice, temporarily or permanently, the Service. The User agrees that ZUP cannot be held responsible for any of the modifications, suspensions or cancelling of the Service.

12. USERNAME AND PASSWORD The User acknowledges and accepts that ZUP may, at its sole discretion, deactivate the User's password or\and account, or suspend the access to the Service. Moreover, ZUP has the right to remove or cancel any of the Users' content, without notice and without being obliged to explain.

13. ZUP's PROPRIETARY RIGHTS The User acknowledges and agrees that all Software utilised in connection with the Service ("Software") are protected by the Intellectual Property Laws. ZUP grants the User a personal license, non transferable and non exclusive for the use of the Software on a single Computer. The User shall not copy, modify, create derivative works, and in any way try to discover the Source codes of the Software, sell, sub-license, or transfer to 3rd parties any right on the Software.

14. ZUP'S DISCLAIMER OF WARRANTIES The User declares expressly that: a) The utilisation of the Service is at his\her sole discretion. The Service is provided "AS iS" and "AS AVAILABLE". Therefore ZUP cannot be held responsible in relation to the fruition and availability of the Service. ZUP expressly disclaims all warranties of any kind. b) ZUP does not warrant that: (i) the service will satisfy the User's needs, (ii) the Service will be provided without interruptions, or without errors, (iii) the quality of services purchased through the Service will satisfy the User's expectations c)Any file downloaded or obtained through the Service is obtained at the sole discretion of the User, and the User is solely responsible for any harm produced, directly or indirectly, by the content on the Computer or the mobile phone. d) No advice, suggestion, help, written or verbally, provided by ZUP to the user, shall imply any warranty from ZUP.

15. LIMITATIONS OF LIABILITY ZUP services are provided without any implicit or explicit warranty. ZUP cannot be held responsible of any harm coming from the inability to access or use the service, or the loss of the files uploaded by the users. It is responsibility of the Users to keep a copy of the Content uploaded on ZUP. ZUP declines any responsibility for any harm coming from the inability to access the Service, viruses, damaged files, errors, interruption of the Service, network problems, unauthorised access or modification of data. ZUP reserves the right to modify the Service at any time, even without notice.

16. COMMUNICATION All communications between the Parties shall happen in written form both via Electronic email or Postal services.

17. COPYRIGHT AND INTELLECTUAL PROPERTY ZUP cares about and protects Intellectual Property Rights and requests its Users to do the same. If you believe that one of your works has been copied in a way that infringes copyright Laws, within the Service, please report it to ZUP: privacy@ZUPME.com, providing the following information: 1. Detailed description of the work protected by Copyright law which you believe being violated, also describing of the origin of the right itself; 2. Indicate where, in the platform, you have found the violation 3. your name, address, phone number, and email address 4. a declaration in which you state, in good faith, that the use of the Content is not authorised by the Copyright owner, or any of its licensees, or the Law 5. a declaration stating that the information you provide is true and that you are the legitimate copyright owner or you are legitimately acting on behalf of the owner.

18. APPLICABLE LAW AND FORUM These TOS shall be governed by Irish Law.

19. VIOLATIONS Please report any violations to these TOS to our Help and Support Group: abuse@zupme.com

TOS ACCEPTANCE User acknowledges to have read, understood, and approved the TOS and in particular: Art. 1 (possibility of modification of TOS); Art. 4. (possible transfer of personal data in other Countries); Art. 8 (Indemnity clause); Art. 11,12 (Modifications and interruption of the Service); Art. 14 (ZUP's disclaimer of warranties); Art. 15 (Limitation of liability); Art. 18 (Applicable Law and competent Court).