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Acceptance of Terms and Conditions.
Thank you for visiting www.zlango.com, Zlango's website (hereinafter referred to as the "Site"). When you access, browse, use or download the services and/or applications offered to you on this Site or in partner sites or on other realms, including but not limited to the mobile messaging and contests ""hereby to be collectively named the "Services", you acknowledge that you have read and agree to be bound by the terms and conditions described herein (hereinafter referred to as the "Terms and Conditions"). Issues concerning collection and use of information by Zlango are described in Zlango's Privacy Policy. Please note that these terms do not effect the Terms and Conditions of any other agreement you may have with Zlango Ltd. or any of its subsidiaries (hereinafter referred to as "Zlango") for products or services. Zlango may amend the Terms and Conditions, from time to time, by updating this posting and you should therefore visit this page periodically to review the Terms and Conditions as they are binding and use of any service provided through this Site constitutes a confirmation and approval of the Terms and Conditions. If you do not agree to the Terms and Conditions detailed herein, you should not approve the terms and conditions in the mobile messaging service and immediately exit the Site and refrain from using any of the Services or information that are posted or available on this Site.
Description of Service.
Zlango provides users with access to various services and applications available on its Site or through the Services"". All of the information and/or the materials posted or available on the Site or by using the Services, including any updates, enhancements or new features thereof, are subject to the Terms and Conditions. It should be noted that Zlango openly promotes use of the Site and Services, however it has the right to modify, alter and altogether remove specific services or applications from the Site or Services, at its own discretion.
Zlango may change the information on the Site and/or on any of the Services, including, without limitation, the Materials or Content, at any time without notice. Such changes will take place, in part, based on the dynamic nature of the World Wide Web and technological changes thereof. Given such nature, such changes may entail technical difficulties and discomfort. You will not have any claim and/or demand against Zlango due to such changes and inconveniencies. Furthermore, Zlango may stop providing any Services or any applications, options or materials on the Site at any time. Zlango will publish on the Site an announcement within a reasonable time before it stops providing any such Services. Upon terminating any Services, Zlango will keep the relevant databases accessible for a reasonable time, and thereafter Zlango may delete them without giving any further notice thereof.
Intellectual Property Rights.
You acknowledge and agree that the Services and any necessary software used in connection with the Services, and all and any information made available on this Site and/or Services, including without limitation Content (as defined below) (hereinafter referred to as the "Materials"), and all intellectual property rights evidenced by or embodied in and/or attached/connected/related thereto, and any part thereof, including, without limitation, all copyrights, trademarks, trade secret, trade dress, logos, design, and other intellectual property rights, are and shall remain the sole and exclusive property of Zlango and/or its third party suppliers. You acknowledge that except as expressly provided hereunder you are not conveyed any rights with respect to the Materials contained herein. The Content (as defined below) of this Site and the Materials are protected by local or international copyright laws and other intellectual property rights. The copyrights are owned by Zlango or the original creator of the Materials. You are granted a limited, non-transferable right to access the Site and the Services and download the Materials for your personal, non-commercial, and informational use only. Any other use is forbidden. Except as permitted above and hereunder, you may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into, frame or use for any public or commercial purpose the Materials and any of the Content of this Site without the prior written permission of Zlango.
The Materials contained herein may not be modified in any way. No copyright notices, other intellectual property or legal notices or other identifying information may be removed from downloaded Materials or Content. Zlango's name and logo and other product names and logos referenced in this Site and/or the Services are trademarks of Zlango. You may not separate, copy or download from this Site or from any of the Services or otherwise use any of these trademarks or logos. Nothing contained in this Site and/or Services should be construed as granting any license or right to use any of these trademarks or logos.
Zlango reserves the right to revoke such aforementioned authorizations at any time, and any such use shall be discontinued immediately upon notice. Logos, graphics, sounds or images on this Site or provided through any of the Services available hereunder, may not be reproduced or distributed unless expressly permitted by Zlango in writing. For this and other purposes, the term "Content" includes any form of information (textual, visual, audio or any combination thereof), as well as their design, adaptation, modification, editing and distribution, including but not limited to any picture, photo, illustration, animation, video clip, audio clip and music clip, any software, file, computer code, application, protocol, database, interface and any sign, symbol and icon.
No Unlawful or Prohibited Use.
You may not use this Site or any of the services for any purpose that is unlawful or prohibited by applicable law or the Terms and Conditions. You may not use the Services in any manner that could damage, disable, overburden, or impair this Site or any of the Services or interfere with any other person's use and enjoyment of the Services or this Site. You may not attempt to gain unauthorized access to the Site or any of the Services or any part thereof, or the computer systems or networks connected to any Zlango server through any means. You may not obtain any Materials, Content or Services through any means not intentionally made available to you through the Site.
Without limiting the foregoing, you hereby undertake to avoid any or all of the following: a. Using any or all information contained in and through the Site or in the Services for any use other than personal use. Any commercial use of this Site, the Services and/or the Content and/or Materials which has not been granted written and prior approval of Zlango is thus forbidden. b. Linking to the Site from other sites which contain pornographic depictions (graphic, literary or otherwise), racial, discriminatory or other illegal materials, or which can be viewed as promoting such materials, under the governing laws of the State of Israel or any other state. c. Using the Services to promote, solicit or invoke mendacious Content, for the purpose, inter alia, of deceiving other users or any entity. d. Using the Services to distribute computer viruses, malicious electronic messages which may or may not be used to damage the software and/ or hardware of other users of the Site, specifically, or any other entity, in general. e. Using the Services to promote, distribute and advance through the servers of the site any spam mail and/ or junk mail. f. Decoding, prohibited debugging, processing and alternating any or all Content of the Services, including but not limited to the Services' database. g. Using the Site and or any of the Services to collect information on other users where otherwise such information collection would be deemed illegal, offensive or otherwise harassing other users.
Zlango is not and shall not be responsible for any damage caused to you, other users and any other third party which have directly and indirectly resulted by any action carried by you, on your behalf and by others.
No Warranty.
Your use of the Site and/or Services is at your sole risk. The Site and/or the Materials and/or the Services posted are provided "as is" and "as available basis" and do not constitute any representation or warranty of any kind, either expressed or implied. Zlango disclaims all representations or warranties, expressed or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, with respect to the use of the Services. It also includes any expressed or implied warranties arising from any course of dealing, usage or trade practice.
Zlango does not warrant or represent that the Services and/or the Materials will be uninterrupted, error-free or without defects. Zlango does not guarantee that the Services and/or the material on this Site will be free from infection, viruses, worms, Trojan horses and/or other code that has contaminating or destructive properties. It is your responsibility to take protective steps such as virus checking. By using this Site, you expressly assume all risk that the Materials and/or the Services may be incomplete, inaccurate, out-of-date, defective or may not meet your needs or requirements. You expressly agree that use of the Site, including all the its Content, Services and Materials, data or software distributed by, downloaded or accessed from or through the Site, are at your sole risk and responsibility. Although Zlango continuously monitors the Content and information entered or uploaded by users in order to promote legal and non-prohibited use of the Site, Zlango is not responsible for harmful outcomes, damages and malicious consequences which may or may not be directly and indirectly linked to using the Site. Zlango is also released from any responsibility if the Site and/or any Services, become temporarily shut down, if any of its Content have been obtained by malicious third parties which may or may not use it malevolently, and if the software and/or hardware have been damaged whereby uninterrupted usage of the Site is unsuccessful. Under these terms, it should be noted that Zlango is hereby allowed to make modifications of the Site, upon which usage of the Site may become temporarily or permanently interrupted; if such events occur, Zlango is not responsible for damages incurred to the user. If such a permanent interruption takes place, Zlango may keep the information it has obtained from its users.
Limitation of Liability.
To the fullest extent permitted by applicable laws, Zlango and/or its suppliers are not liable for any direct, indirect, special, incidental, consequential or exemplary damages or losses of any kind whatsoever, whether in any action in contract, tort (including but not limited to negligence), or otherwise, resulting to you or any third party, arising out of or in any way connected with: (i) the use - or the inability to use - this Site and/or the Services and/or the Materials provided on this Site; or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Services and/or the Materials and/or on the Site or available through the Site; or (iii) negative or other affects which may have been caused by potential interruptions to and of the Services and unavailability of Materials. This includes but is not limited to the loss of data, loss of profit, goodwill or other losses or damages of any nature, even if Zlango was advised of the possibility of such damages.
Links.
While this Site may contain links to third-party sites, Zlango has no control over the content or information posted on such third party websites and is not responsible for the content of any such linked sites. Zlango provides these links as a convenience and does not endorse the companies or Content of any linked sites. You should refer to these third party websites respective privacy notices and terms of use.
Your Submission.
Any Content, including questions, comments, suggestions, ideas and the like, submitted or posted by users on the Site and/or Services will be considered non-confidential and non-proprietary. Zlango may share or otherwise use your submission for any purpose whatsoever. If any of the information submitted constitutes personal data, you agree that Zlango may transmit or use such personal data across international boundaries for any Zlango business or other purpose including, without limitation, for disclosure, reproduction and publication; provided however that such use shall be based on the data as a whole without a detailed reference to a specific user. Zlango will be free, without any compensation to you, to use any concepts or know-how contained in any communication or material that you send to our Site for any purpose whatsoever. Zlango reserves the right at all times to disclose any information received from you as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request or in accordance with these terms of use. You should have no expectation of privacy with respect to any communications on or through this Site. Please do not transmit any confidential information to or through this Site.
You hereby represent and undertake, once you submit any Content onto the Site or through a Service, as follows:
a. That the information you have entered is not maliciously false, deceiving and otherwise misleading, nor does it include any libel or slander. b. That the information you have entered does not copy, use or otherwise violate any copyright (including moral rights), trademark or other intellectual property rights of any entity, including Zlango's rights in the Site, Services and/or any Materials or Content, nor does it allow others to copy, use or otherwise violate any intellectual property rights of any entity, for any purpose whatsoever, whether commercial or not. c. That the information you have entered does not contain any pornographic materials or otherwise sexually offensive Content, or any other harassing and emotionally injurious messages. d. That the information you have entered does not contain any personal information of or about minors, which can or might identify them to third parties. e. That the electronic information you have entered does not contain viruses, malicious applications, worms, vandals and the like.
Zlango is thus allowed to refuse any use of its Site and/or Services, including but not limited to deleting malicious messages, wherever Zlango finds, in its own discretion, that the information and messages are in fact of malicious nature.
Messaging Service.
When you accept the Terms and Conditions by joining one of the Services provided in the Site, or, alternatively, by downloading Zlango to a mobile phone and/or to an applicable handset from other sources - particularly those which require downloading a software - you hereby agree to receive from time to time SMS's and ZMS's messages from the operators of the Site, and you hereby agree you will not have any claims and/or demands regarding such messaging service. Notwithstanding the aforesaid, you will be allowed at any time to request to stop receiving such messages by sending an email to support@zlango.com or by any other applicable way available by and through the Site. The Site operator will discontinue sending to you such messages at a reasonable time thereafter.
Registration.
Users are requested to insert personal information about themselves, which is a prerequisite to using the Site and the Services. Such information includes details about the name of the user, telephone number and cellular phone provider. Providing Zlango with wrongful information will prevent the user from the possibility of using the Site and Services. Zlango is also allowed to revoke your ability to use the Site and Services for any reason, and especially when one or more of the following takes place: a. If wrongful information is entered. b. If your registration has damaged and harmed Zlango or its affiliates, or has in it the power to do so. c. If you violate one or more of the terms of this Terms and Conditions.
Furthermore, Zlango is hereby given permission to use this personal information and share it or otherwise use it with any of its customers and/or partners for any purpose whatsoever as long as it does not utilize any personally Identifiable Information, by providing it to those who are responsible to operate and maintain the Site and/or the Services, as well as to any enforcement agency and/or in accordance with any judicial order, without limitations to the aforesaid submission section.
Indemnification.
You agree to indemnify and hold Zlango, and its subsidiaries and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Site and/or Services, your use of the Site and/or the Services, your connection to the Site and/or the Services, your violation of the Terms and Conditions, or your violation of any rights of another. In addition, you will indemnify Zlango, its employees, managers and other officers of Zlango, for any claim, lawsuit or demand which will be brought against them by a third-party, as a result of the Content you have provided to Zlango for the purpose of making such Content public.
Governing Law and Jurisdiction.
Your use of the Site and the Services and these Terms and Conditions shall be governed in all respects by the laws of the State of Israel, without giving effect to its conflict of laws provisions, and any action brought against Zlango by you may be brought only in the applicable courts of the Tel-Aviv Jaffa district which shall have exclusive jurisdiction. If you access this Site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site and the Services provided through the Site.
Contest Rules
Zlango intends to hold a series of contests through the Site. The terms and conditions below shall apply to any contests offered by Zlango on the Site and shall be binding upon any users who apply for the contest. Individual contests, including the challenges, specific policies and other terms of each contest, will be announced through the Site or otherwise as Zlango shall determine from time to time.
Users eighteen years old or older may participate in the contest, provided that they are not employees of Zlango or their immediate family members. Family members include spouse, parents, children and siblings. Participation in a contest is personal, and a winner may not transfer his/her title and/or prize to another, and/or to any change or replacement thereof, whether monetary or otherwise, including without limitation participating in another competition, unless Zlango determines otherwise. In the event that the winner does not wish to receive the prize allocated, such right shall not be modifiable nor transferred to any third party, unless Zlango determines otherwise.
Users who wish to participate in a contest must register to the contest through the Site, and provide the required personal details. Any details provided must be accurate and correct at the time they are provided. A user who failed to provide accurate details may be rejected or otherwise not entitled to win the contest and/or any prize offered by the contest, if applicable, all as determined by Zlango. Zlango may cancel a wining or request return of the prize in the event that a user provided incorrect details, or in the event that a user failed to comply with any of the terms herein.
Upon finalization of the contest Zlango, in its sole discretion, shall select the winner of the contest from the users who have signed up to the competition. The final decision is at the sole discretion of Zlango and is not open to appeal under any circumstances. Zlango will notify the winner of the contest of his/her winning, in accordance with the details provided upon registration. Zlango shall not bear any responsibility for incorrect or partial details. The prize will be sent by regular mail or email.
Zlango shall be entitled to publish the name of the users participating in the contest and/or the winner of the contest together with related information on the Site and/or in any other media, as determined by Zlango.
Each user hereby represents that he/she has complied with the terms and conditions of the contest and of these Terms and Conditions, and specifically the sections concerning No Unlawful or Prohibited Use, Intellectual Property Rights, Your Submission, No Warranty, Limitation on Liability and Indemnification. Zlango reserves the right to reject any entries which we feel at our sole discretion are inappropriate or violating the rules.
As a condition to participating in any contest each user hereby waives any claim against Zlango regarding the rules of the contest including these Terms and conditions, and/or determination of the winner and/or any other claim, demand or suit or any kind, including regarding errors, the participation terms or the discretion applied in selecting the winner, except for Zlango's obligation to provide the prize to the winner, if applicable, in accordance with the terms herein.
By participating in any contest each user accepts the rules of the contest, including these Terms and Conditions, and specifically this section concerning Contest Rules, and hereby holds Zlango harmless from any responsibility and/or claim and/or complaint and/or demand relating to the contest or these Terms and Conditions and/or the application of these Terms and Conditions, selection of the winner of the competition.
Participation in any contest, including any of its levels, and receipt of the prize, if any, is at the user's own risk. Zlango is not responsible for any harm caused to a user for its participation in the contest, nor for any action or inaction of any third party against the users participating in the contest. Zlango is not responsible towards the participants and/or the winner for the quality of the prize provided, or the terms under which the prize is provided to the extent it is provided by a third party. Zlango is not responsible for any fault, malfunction, damage, or unfitness concerning the prize or its delivery.
The contest is void where prohibited by law. Zlango reserves the right to modify, suspend, or terminate the contest or any part thereof, submissions, and/or these Terms and Conditions at its discretion, including the provisions concerning the prize, if any, including the option to receive an alternative prize, if it so determines. In the event that the term of the contest is extended, the contest rules, including these Terms and Conditions shall apply to any extended term, unless published otherwise by Zlango. Any such change shall be published on the Site.
Zlango's Icon Contest
This contest is governed by Zlango's website Terms and Conditions. Any terms not defined herein shall have the meaning attributed to them on Zlango's website Terms and Conditions.
This contest shall endure for an indefinite period of time and shall terminate upon Zlango's sole discretion.
The purpose of the contest is to create and submit icons which you designed, drew, edited, wrote, or outlined, to be used in Zlango's language (the "Icon" or "Icons"). Zlango will choose the winning Icon or Icons as detailed in the Terms and Conditions.
You may submit one or more Icons to the contest. Icons are to be by uploading to the Site. Any Icon submitted must comply with the requirements of the Terms and Conditions, and specifically the 'Your Submissions' and 'Intellectual Property' sections in the Terms and Conditions. You hereby represent that any Icon submitted to the contest was not presented, disclosed or shared with any third party in any way, whether directly or indirectly.
The prize offered to the winner of the contest shall be Nintendo Wii Console, or any other prize of similar value, as determined by Zlango.
Without limiting the generality of the Terms and Conditions, Zlango shall be the exclusive owner of any Icons submitted to the contest, whether they are among the winning Icon or Icons, or not, including without limitation any copyright and other rights therein. To the extent necessary, you hereby transfer to Zlango any right and title in such Icons. You hereby acknowledge and agree that the use by Zlango of the Icons will not result in an infringement of any moral rights you have in or to the Icons, and you hereby waive any right to claim that any violation or infringement of moral rights has occurred with respect to the use by Zlango or any third party of the Icons.
Without derogating from the aforementioned, Zlango shall be entitled to use, copy, publicly display, reproduce, distribute, integrate and incorporate into other works, and create derivative work of such Icons for any purpose, whether commercial or not, in any media whether currently existing or not, all in Zlango's sole discretion. In addition, Zlango shall be entitled to modify, revise, reevaluate, paint, edit or perform any action on the Icons in order to adapt it to the Zlango language, or for any other purpose.
Good luck,
Zlango Ltd.
Miscellaneous.
Zlango's failure to insist upon or enforce strict performance of any provision of this Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Terms and Conditions.
For any questions, comments and remarks, you may contact us at support@zlango.com
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