TERMS OF USE

These Terms of Use ("Terms") govern your ("you" or "your") use of “ZeroD” (the ZeroD Application and the ZeroD Website herein jointly referred to as the “Service”), which is owned and operated by Upstream Mobile Commerce Limited ("Company," "we”, “us," "our"). By using the Service and the content therein, you agree to be bound by these Terms.

User Accounts.

By using the Service, you warrant that:

Changes to Terms.

We reserve the right to change the Terms from time to time. The most recent version of the Terms will be posted on the Service and replace any prior versions and will govern our relationship with you. Your continued use of the Service following the posting of these changes will constitute acceptance of such changes. We also reserve the right to modify the content or access to any feature of the Service at any time. We may use communication tools for updating you about the material revisions; however, we are not obliged to notify you.

Privacy.

Your use of the Service is governed by Company's Privacy Policy, which is incorporated herein.

Communication Preferences.

If you use the Service, you consent to receiving service messages relating to your account, such as Service announcements and administrative messages, promotional messages, newsletters, special offers, announcements and surveys. You further consent to receive promotional notifications from ZeroD.

Access to the Service

Free Access.

Access to the Service is zero rated for ZeroD subscribers. Subscribers of other networks may not be eligible to access the Service for free. ZeroD subscribers that access the Service while located outside of region may get charged with roaming costs. Subscribers of other networks may not be eligible to access the Service for free. Zero-rating is provided by ZeroD. Free access may not be available on specific web browsers that do not support zero-rating, as provided by ZeroD.

Third Party Materials.

The Service may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions. Once you choose to link to another site, you should read and understand that site's terms of use and privacy statement before disclosing any personal information. Further, the Service will host other value-added services, contest or promotions owned or implemented by Upstream, ZeroD or a third party (altogether “Offerings”). These Offerings may engage the user to a monetary transaction, such as a daily or weekly subscription. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Offering during your use of the Service. Offerings and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such Offerings’ terms and conditions. Once you choose to link to another site, you should read and understand that site's terms of use and privacy statement before disclosing any personal information.

Service Availability.

Company reserves the right to change the Service from time to time, at its discretion, upon five calendar days’ notice to the user by SMS message. Company may stop (permanently or temporarily) providing the Service or any features within the Service to you or to users generally. Company may further limit use and storage at its sole discretion at any time. Your access to and use of the Service or any content are at your own risk. You understand and agree that the Service are provided to you on an "AS IS" and "AS AVAILABLE" basis.

Your Use of the Service.

All content presented through the Service is owned by or licensed to us or our partners and/or users and is protected by copyright and/or trademark laws. You do not acquire ownership rights to any content viewed through the Service. All right, title, and interest in and to the Service (excluding content provided by users) are and will remain the exclusive property of Upstream and its licensors.

Our posting of content on the Service does not constitute a waiver of any right in such content. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of or in any way exploit any of this content (other than your own content), in whole or in part, outside of the specific usage rights granted to you by Company in connection with this Service.

All other copying in any format or other unauthorized use of the Service or its contents may constitute a breach of copyright, trademark and/or other intellectual property laws and/or other international laws and may subject you to criminal or civil charges and penalties. Company reserves all other rights not expressly granted hereunder.

In no event may the Service be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of others; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company's proprietary information that is not authorized by Company; (d) uses or launches any automated system to access Company's website or computer systems; (e) attempts to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Company's computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or, (h) violates these Terms. Company reserves the right, in its sole discretion, to terminate your user account.

You may not do any of the following while accessing or using the Service (a) access, tamper with, or use non publicly available areas of the Service, Company's IT and network infrastructure, or any of the technical platforms of Company's providers; (b) penetrate, scan, test the vulnerability of any system or network or breach or circumvent any security or authentication measures (c) access the Service by any means (automated or otherwise) other than through the publicly available interfaces, as provided by the Service (d) forge any header or any part of the header information, as provided by the Service or Company’s partners, or in any way use the Service to send altered, deceptive or false source-identifying information; (e) interrupt (or attempt to do so) the access of any user, host location or network, including, without limitation, sending malicious software, overloading, flooding, spamming, creating denial of service, or by scripting the creation of content in such a manner as to exploit the Service and Users that access it.

Information and Press Releases.

The Service contains information and press releases about its content. While this information was believed to be accurate as of the date prepared, Company disclaims any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Content Posted on the Service.

The Service may contain social networking components and interactive features (including but not limited to chat groups, news groups, as well as, the display of content from linked third-party websites), which may allow you to submit, transmit or post information, including but not limited to audio recordings, video recordings, writings, and/or images. Company may monitor content posted on the Service, but Company is under no obligation to do so and does not take responsibility for such content. You may be exposed to content on the Service that is inaccurate or deceptive, or that you find offensive or objectionable. All content is the sole responsibility of the person / organization who originated such Content

Company does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Service or endorse any opinions expressed via the Service.

The Service supports net neutrality.

We aim to promote pluralism of opinions on news and events the public is interested in. We utilize various content feeds from organizations such as news agencies, in order to present one topic using different angles/perspectives.

Articles are presented in an automated way, unless stated otherwise, and depict the views and opinions of the editors of the content source.

Content You Post.

You may post text-based content on the chat service, available for communication among ZeroD visitors. Content you post via the Service may appear on other users’ devices. You are responsible for all content that you post through or download from the Service. You are responsible for your use of the Service and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

You may not post text or multimedia or any other digital format of content that:

Is not your own original creation or that you do not have permission to use;

Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;

You know to be inaccurate; Is pornographic, sexually explicit, or obscene; Exploits children or minors;

Violates the rights of privacy or publicity of any person; Is harassing, libelous, slanderous, or defamatory;

Contains any personally identifying information about any person without their consent or about any person who is a minor;

May be deemed generally offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;

Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose; Is off topic;

Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;

Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;

Violates any local, state, federal, and/or international laws or regulations;

Promotes or provides instructional information about illegal or illicit activities;

Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,

Is intended to overwhelm, cause technical disruptions of or denial of service to Company's servers.

Company may remove any content that violates these Terms or that Company determines is otherwise not appropriate in Company's sole discretion.

By posting or transmitting content on or through the Service, you:

  1. represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Company and other users to use and distribute your content as necessary to exercise the licenses granted by you in these Terms and in the manner contemplated by Company and these Terms;
  2. you certify that you are (a) at least 18 years old, or (b) at least 13 years old and have obtained your parent's or legal guardian's express consent to submit content;
  3. agree to and do hereby grant Company and its affiliates and partners a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, transferable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the content that you submit via the Service for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) Company may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. Any additional use by the Service, Company or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the Service. You also grant Company a license to use your user name in connection with Company's use of any content you provide to Company. You also consent to the display of advertising by Upstream and its third-party providers and partners on the Service or in connection with the display of content or information from the Service whether submitted by you or others. Any comments or materials you send to Company, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential.

User information related to the Service.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

Upstream does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to third countries for storage, processing and use by Upstream and its affiliates.

Chat Usernames are randomly selected and cannot be edited or used as identifiers to a Service visitor. The Service has no liability on preserving the usernames to each user.

Service Termination.

We reserve the right to cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if we reasonably believe:

We have no liability in notifying you about the termination of the Service.

Intellectual Property Rights.

Upstream respects the intellectual property rights of others and expects users of the Service to do the same. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by contacting us on itsupport@upstreamsystems.com

Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO (1) ACCESS, USE OF THE SERVICE, CONTENT OR SERVICES OR (2) DIRECT DAMAGES IN AMOUNTS THAT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (USD 100.00) OR THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, IN THE PAST SIX MONTHS; AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY CONTENT POSTED IN OR OBTAINED FROM THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR DEVICE. YOUR SOLE REMEDY UNDER THESE TERMS IS TO CEASE USE OF THE SERVICE.

Warranty Disclaimer.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, COMPANY DOES NOT MAKE AND COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SERVICE, CONTENT, AND SERVICES PROVIDED HEREUNDER OR OTHERWISE REGARDING THESE TERMS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR MALWARE, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE COMPANY FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Limitation of Time to File Claims.

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification.

You agree to defend, indemnify, and hold harmless Company and its employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees and costs) that arise from your use or misuse of the Service, violation of these Terms or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. The indemnification in this section extends to any allegations of copyright infringement, or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, or audio or video recordings.

Contact Information.

Should you wish to contact Company with any questions, complaints or claims with respect to the Service, email Company on itsupport@upstreamsystems.com.

Governing Law.

These Terms are governed exclusively by the laws of England and Wales without giving effect to its conflict of law rules. These Terms are not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. The parties further agree that the place of contract and performance of these Terms is London, England, United Kingdom.

Waiver/Severability.

The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is for any reason held unenforceable or invalid, then these Terms shall be construed as if such provision were not contained in these Terms.

Entire Agreement.

These Terms comprise the entire agreement between you and Company, and supersede any other agreement or discussion, oral or written, with respect to the subject matter of these Terms.