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TERMS AND CONDITIONS


1.   COPYRIGHTS AND TRADEMARKS

1.1 Copyright (c) 2012-2013 by Zing Bias Inc. All Rights Reserved.

1.2 The network of Zing Bias Web properties, including zingbias.com and zedsensor.com  (the "Zing Bias Network") is owned and operated by Zing Bias Inc. ("Zing Bias") and includes online services and products and other paid services and products (the "Zing Bias Service").

1.3 The Zing Bias Network contains valuable copyrighted intellectual property of Zing Bias Inc. All information (including, but not limited, to text, indices, logos, icons, layout, designs, technologies, organization, graphics, plates, charts, tables, photos, images, animations, audio and/or video, articles, online applications, software, files, links) on the Zing Bias Network is protected by Canadian and international copyright and trademark laws, and is owned or controlled by Zing Bias and/or its suppliers or licensors. Zing Bias has a compilation copyright in the Zing Bias Network and all contributions to the Zing Bias Network.

1.4 No one has permission to sell, copy or reproduce (except as provided in Section 3 of this Agreement), republish, modify, post, distribute, transmit, broadcast, perform, display, create derivative works from, upload, decompile, reverse engineer, or disassemble any information found on the Zing Bias Network without prior written consent of Zing Bias. You may not alter or remove any copyright, trademark or other notice from copies of the content.

1.5 Zing Bias™, Zedsensor™, and the Zing Bias and Zedsensor logos are trademarks of Zing Bias Inc. Other product, service, or company names mentioned in the Zing Bias Network may be the trademarks of their respective owners.

1.6 Any rights not expressly granted herein are reserved.

2.   RESTRICTIONS ON USE

2.1 Your access and use of the Zing Bias Network is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws and regulations.

2.2 PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE ZING BIAS NETWORK. BY ACCESSING AND USING THE ZING BIAS NETWORK, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE ZING BIAS NETWORK. ZING BIAS MAY MODIFY THE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE MODIFIED TERMS AND CONDITIONS ONLINE. YOU AGREE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS PERIODICALLY AND YOUR CONTINUED ACCESS OR USE OF THE ZING BIAS NETWORK SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.

2.3 The contents of the Zing Bias Network are intended for personal non-commercial, private and/or individual informational purposes only and should not be construed as specific financial, investment, accounting, legal, tax, health, or lifestyle advice for any individual. You are welcome to view the information provided on the Zing Bias Network on any single computer for your personal non-commercial, private and/or individual use only, provided you do not modify the information provided and you keep intact all copyright and other proprietary notices. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

2.4 ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS MAY APPLY TO SPECIFIC PRODUCTS AND SERVICES (INCLUDING SOFTWARE) OFFERED BY ZING BIAS, IN WHICH CASE SUCH ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS, AS DETERMINED AND ACCEPTED BY ZING BIAS AND ONLY AS DETERMINED AND ACCEPTED BY ZING BIAS, WILL PREVAIL OVER THESE TERMS AND CONDITIONS.

3.   REGISTRATION, CHARGES AND PAYMENTS

3.1 The right to use any product or service offered by Zing Bias is personal non-commercial. You agree not to assign, transfer or sublicense your rights as Subscriber.

3.2 You must be 18 years or older to subscribe to the Zing Bias Service. You represent and warrant that you possess the legal right and ability to enter into this Agreement and to access and use the Zing Bias Network, including the Zing Bias Service, in accordance with this Agreement.

3.3 You agree to pay all the applicable fees and charges for Zing Bias Service at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Zing Bias Service by Zing Bias. Fees paid for any subscription are paid in advance and are not refundable in whole or in part.

3.4 As a registered Subscriber:

  1. You agree to be responsible for all usage of your Zing Bias Service account, including use of the account by others authorized by you to use your Zing Bias Service account, including User Name and password;
  2. You agree to maintain the security and confidentiality of your Zing Bias Service User Name, password and other confidential information relating to your Zing Bias Service account;
  3. You agree to promptly notify Zing Bias of changes to your billing address; and
  4. You agree to promptly notify Zing Bias if you become aware of or if you suspect any unauthorized disclosure or use of your Subscriber User Name or password.

3.5 Zing Bias reserves the right to change the price of the subscription fee and billing methods for any Zing Bias Service or institute new fees or charges for access to or use of the Zing Bias Network, including online information, at any time; however, any change(s) in any subscription fee will not apply until expiration of the term for which you have already paid that fee.

3.6 Zing Bias reserves the right in its sole discretion to change Zing Bias's policies, standards, or practices at any time.

4.   LICENSE TO ZING BIAS

4.1 By engaging in any form of communication (including, without limitation, ideas contained therein for new or improved products and services) through the Zing Bias Network, including but not limited to posting messages, uploading files, or inputting data, you are granting Zing Bias a royalty-free, perpetual, unrestricted, irrevocable, non-exclusive, worldwide license to:

  1. Use, copy, sublicense, adapt, distribute, transmit, create derivative works of, publicly perform or display any such communication by all means and in any media now known or hereafter developed.
  2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

4.2 The foregoing grant shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You agree that you shall have no recourse against Zing Bias for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Zing Bias.

5.   DISCUSSION FORUMS

5.1 The Zing Bias Network may include bulletin boards, newsgroups, or other forums ("Bulletin Boards") which allow feedback to Zing Bias or interaction between users. Zing Bias does not screen, control or censor the messages, information, images, programs, or files delivered to Bulletin Boards. Notwithstanding the foregoing, Zing Bias shall have the right, but not the obligation, to monitor the content of the Zing Bias Network, including Bulletin Boards. Zing Bias reserves the right to refuse to post any material submitted to the Zing Bias Network and the right to remove or edit any material submitted to or posted on the Zing Bias Network. Zing Bias is not responsible for material submitted to the Zing Bias Network or posted on Bulletin Boards by users of the Zing Bias Network.

5.2 If you participate in any Bulletin Board, you agree to not:

  1. Post or transmit any message anonymously or under a false name;
  2. Post or transmit any material that infringes and/or violates any law or regulation;
  3. Post or transmit any material that infringes and/or violates any right of others, including but not limited to unauthorized copyrighted text, images or software programs, trade secrets or other confidential proprietary information, and trademarks, service marks or other proprietary rights used in an infringing manner;
  4. Interfere with or restrict any other user's use of the Zing Bias Network;
  5. Post or transmit any unlawful, fraudulent, harmful, threatening, defamatory, libelous, malicious, hateful, or abusive information of any kind;
  6. Post or transmit any information that advocates, encourages, or constitutes illegal activity of any kind;
  7. Post or transmit any obscene, vulgar, profane, pornographic or indecent information of any kind;
  8. Post or transmit any material which contains a virus, worm, Trojan horse, or other harmful component;
  9. Exploit the Zing Bias Network for your commercial purposes;
  10. Post or transmit any advertising, promotional materials or any other solicitation of other users of the Zing Bias Network for goods or services except in those areas that are designated for such purpose.

6.   DISCLAIMER OF WARRANTY

6.1 YOU (AND NOT ZING BIAS) ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE ZING BIAS NETWORK. ALL INFORMATION ON THE ZING BIAS NETWORK IS PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ZING BIAS, SUPPLIERS, AND LICENSORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE ZIN BIAS NETWORK IS ACCURATE, COMPLETE, USABLE, USEFUL, CORRECTLY SEQUENCED OR ORDERED OR STRUCTURED, RELIABLE OR TIMELY, AUTHENTIC, OR THAT THE ZING BIAS NETWORK WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES, WORMS, TROJAN HORSES, AND OTHER HARMFUL COMPONENTS, OR THAT DEFECTS IN THE ZING BIAS NETWORK WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE: (1) FOR THE SELECTION, INTERPRETATION, EVALUATION, AND/OR USE OF THE INFORMATION (INCLUDING, BUT NOT LIMITED TO OPINIONS, SPECULATIONS, AND ADVICE IF ANY) PROVIDED IN THE ZING BIAS NETWORK; AND (2) FOR PROTECTING AND SECURING YOUR DATA. YOU (AND NOT ZING BIAS) ASSUME THE ENTIRE RESPONSIBILITY AND COST OF ALL NECESSARY ADVICE, PRECAUTIONS, BACKUP, MAINTENANCE, REPAIR OR CORRECTION.

6.2 INFORMATION ON THE ZING BIAS NETWORK MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. INFORMATION MAY BE CHANGED OR UPDATED WITHOUT NOTICE. ZING BIAS AND/OR ITS CO-BRANDERS AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS AND/OR OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS, SERVICES, AND/OR PROGRAMS DESCRIBED IN THIS INFORMATION AT ANY TIME WITHOUT NOTICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE ZING BIAS NETWORK.

LIABILITY

7.1 IN NO EVENT7.   LIMITATION OF, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL ZING BIAS AND/OR ITS CO-BRANDERS AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS AND/OR OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES BE LIABLE TO ANY PARTY: (1) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF ASSETS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION) WHATSOEVER RESULTING FROM ANY USE OF OR INABILITY TO USE THE ZING BIAS NETWORK, OR ANY INFORMATION OR TRANSACTIONS PROVIDED ON THE ZING BIAS NETWORK OR DOWNLOADED FROM THE ZING BIAS NETWORK, EVEN IF ZING BIAS AND/OR SUPPLIERS AND/OR LICENSORS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DELETIONS, DELAYS, INACCURACIES, FAILURE OF PERFORMANCE, OR OTHER DEFECTS IN THE ZING BIAS NETWORK AND/OR INFORMATION CONTAINED OR DOWNLOADED THROUGH THE ZING BIAS NETWORK; (3) FOR INVESTMENT OR OTHER DECISIONS BASED UPON INFORMATION PROVIDED IN THE ZING BIAS NETWORK; OR (4) FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

7.2 IN NO EVENT SHALL ZING BIAS'S, AND ZING BIAS'S CO-BRANDERS'S, SUPPLIER'S AND LICENSOR'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, INJURY OR CLAIM RELATED TO OR ARISING OUT OF THE ZING BIAS NETWORK EXCEED THE TOTAL AMOUNT PAID BY YOU TO ZING BIAS FOR ACCESSING THE ZING BIAS NETWORK, IF ANY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE ZING BIAS NETWORK.

8.   LINKS TO THIRD PARTY SITES

8.1 ZING BIAS MAY PROVIDE LINKS TO INTERNET SITES MAINTAINED BY OTHERS. THE LINKS ARE PROVIDED FOR CONVENIENCE ONLY. ZING BIAS IS NOT RESPONSIBLE FOR THE CONTENTS OF, OR FOR ANY PRODUCTS OR SERVICES OFFERED IN ANY NON-ZING BIAS WEB SITE OR ANY WEB SITE LINKED FROM OR TO THE ZING BIAS NETWORK. IN ADDITION, ANY LINK TO A NON-ZING BIAS WEB SITE DOES NOT IMPLY OR REPRESENT THAT ZING BIAS ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE OF SUCH WEB SITE, OR FOR ANY THIRD PARTY PRODUCTS OR SERVICES. ACCESS TO ANY OTHER WEB SITES LINKED FROM OR TO THE ZING BIAS NETWORK IS AT THE USER'S OWN RISK.

9.   INDEMNIFICATION

9.1 You agree to defend, indemnify, and hold harmless Zing Bias, its owners, directors, officers, employees, agents, suppliers, licensors, and any third party information providers to the Zing Bias Network from and against all claims, losses, expenses, damages, injuries, and costs, including attorney's fees, resulting from the use or alleged use of the Zing Bias Network by you or any other person accessing the Zing Bias Network using any of your accounts, whether authorized or not authorized by you.

10.   PRIVACY

10.1 Zing Bias respects the privacy of its customers and will not disclose, distribute, or rent its Subscriber list to any third party.

10.2 Zing Bias reserves the right to disclose aggregate information about Subscriber usage and demographics in forms that do not personally identify any Subscriber.

11.   TERMINATION

11.1 Except as provided in Section 11.2, either Zing Bias or you may terminate this Agreement without notice at any time for any reason. The provisions of Sections 1 (Copyrights and Trademarks), 4 (License to Zing Bias), 6 (Disclaimer of Warranty), 7 (Limitation of Liability), 9 (Indemnification), 12 (Privacy Policy), and 13 (Miscellaneous) shall survive any termination of this Agreement as well as any other provisions which by their term or sense are intended to survive.

11.2 Your only right with any dissatisfaction with (1) any terms and conditions of this Agreement, (2) any policy, standard, or practice of Zing Bias, (3) any content of the Zing Bias Service, (4) any amount or type of fees or charges, or change therein, or (5) any billing method, or change therein, is to terminate this Agreement by sending Email notice to Zing Bias addressed to info@zingbias.com, or by conventional mail. In the event your account is terminated or cancelled, no refund of any fees or charges, including annual subscription fee, will be granted.

12.    PRIVACY POLICY

12.1 Your browser sends information whenever you visit a website. When you access the Zing Bias Network, the servers we use automatically record this information. These server logs may include information such as your web request, the date and time of your request, Internet Protocol address, browser type, and browser language.

12.2 When you send email or other communications to Zing Bias, we may retain these communications in order to process your inquiries, respond to your requests, and improve our services.

12.3 Zing Bias may make available third party applications through its services. Information collected by these third parties is governed by their privacy policies.

12.4 Zing Bias uses third-party advertising companies to serve ads when you visit Zing Bias websites. These companies may use information (not including your name, address, email address or telephone number) about your visits to Zing Bias and other websites in order to provide advertisements about goods and services of interest to you.

13.    MISCELLANEOUS

13.1 This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Province of Ontario, Canada. Zing Bias's waiver of any breach or default hereunder shall not be construed as a waiver of any provision or right. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

13.2 The section headings used herein are for convenience only.

13.3 Notices given by Zing Bias to you will be given by Email, or by posting on the Zing Bias Network, or by conventional mail. Notices to Zing Bias by conventional mail must be sent to Zing Bias Inc., Attention: Radomir Pasic, 53 Upwood Avenue, Toronto, ON M6L 3A4, Canada.

13.4 Zing Bias may assign, transfer, or sublicense its rights and/or duties under this Agreement to any party at any time without notice to you.

13.5 This Agreement constitutes the entire agreement between Zing Bias and you with respect to the subject matter hereof and supersedes all previous written or oral agreements between Zing Bias and you with respect to such subject matter.

Zing Bias Agreement 2012-11-25.