TERMS OF SERVICE

Welcome to Journyz! It is our pleasure to provide you services listed on our website which is maintained as a service to our customers. By using this website, you agree to comply with and be bound by the following terms and conditions.

Last updated November 2018

  1. Terms. These terms and conditions of use (“Terms”) apply to the Journyz and Zinda.xyz (“ZINDA, Journyz, Company, our, us, and we”) website (“Site”) and its use and access by you.  These Terms may be modified at any time by us upon posting of the modified Terms. Any such modifications shall be effective immediately. You can view the most recent version of these Terms at any time at https://www.journyz.com/website-disclosure/. ZINDA may terminate these Terms at any time, with or without notice, for any reason.  Each use by you shall constitute and be deemed your unconditional acceptance of these Terms. Please review these Terms carefully. If you do not agree to these Terms, do not use this Site.
  2. Service. Service includes but not limited to the Site, JournyZ and related technologies, and any software, data, reports, text, images, sounds, video, and content made available through any of the foregoing, and any new features added to or augmenting the Service, and all enhancements, modifications, and derivative works thereof (“Service”).
  3. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at https://www.journyz.com/privacy-policy/.
  4. Ownership. All content included on this Site is and shall continue to be the property of ZINDA or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

By submitting any ideas, feedback and/or proposals to ZINDA regarding the Services ("Feedback"), you expressly acknowledge and agree that: (a) ZINDA is not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and (b) ZINDA may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback for any purpose. To the extent any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant ZINDA a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sub-licensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release ZINDA from any and all liability and claims that may result from or are related to the rights to the Feedback.

  1. Minors. This Site is not directed towards children.  If you are a minor (under the age of 18), you can use the Services only with the consent of your parents or legal guardians. If you are a minor, please do not submit any personal information to this website. IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THIS SITE OR ANY OF ITS SERVICES FOR ANY PURPOSE AT ANY TIME. This Site is not intended for any children under the age of 13.
  2. Site Use.  ZINDA hereby grants you, the subscriber identified on the Order Form attached hereto (“Subscriber”), a limited, non-exclusive and non-transferable license, without right of sublicense, during the term of this Agreement to access, via either a vendor or the feed, and display on Subscriber's display devices, the Service, subject to the terms and conditions of this Agreement. All rights in the Service not expressly granted hereunder are reserved to ZINDA.

Scope The license granted to Subscriber hereunder is limited to a single, authorized application for the display and retrieval of the Service on an your display devices. The license does not extend to multiple applications for the display or retrieval of content within the Services. Subscriber shall have no right pursuant to this Agreement to distribute the Service in whole or in part over the Internet, or via email or instant messaging via an Intranet, personal digital assistant, wireless application protocol, short message service or radio system. An enhanced license encompassing such applications is available as a supplement to this Agreement. Nothing in this Agreement shall obligate ZINDA to continue providing access to any Service beyond the date when ZINDA ceases providing such Service to subscribers generally.

Use Restrictions

You will access and use the Service for lawful and authorized purposes only, and in no event in connection with competitive research or for scoping, benchmarking, developing, or providing any similar or competitive product or service. In addition, you may not exceed the scope of your authorized use of the Service.  You may not obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this Site is at our discretion and we may terminate your use of this Site at any time.  Subject to your compliance with all the terms and conditions of these Terms, including any payment obligations, you may access and use the Service only for its intended purpose only during the term of your subscription for the Service.

You agree not to access the Service by any means other than through the interface that is provided by us to access the Service. You may not share individual login credentials for the Service with unauthorized users, and you will ensure that each user has separate login credentials. You must provide true, accurate, and correct information at the time of registration and account creation, and thereafter. You may not misrepresent your affiliation with a person or entity.

You may not use the Service for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Service for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Service if there are reasonable grounds to believe that you have used the Service for any illegal or unauthorized activity.

  1. Account Security. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. You will promptly notify ZINDA if you learn of a security breach related to the Service, including the compromise or loss of any of your login credentials. ZINDA reserves the right to access your account in order to respond to your requests for technical support or to ensure proper functioning of the Service. ZINDA has the right, but not the obligation, to monitor the Service, or your content. ZINDA will do so if required by law or in the good faith belief that such action is protecting ZINDA, the Service, or other users of the Service.

ZINDA will maintain industry standard administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your content uploaded by you.

  1. Payment. Except with respect to any “free trial” of the Service, you will be required to select a payment plan and provide ZINDA information regarding your credit card or other payment instruments accepted by ZINDA. You represent and warrant to ZINDA that such information is, and will be maintained as, true, complete, accurate, and up to date, and that you are authorized to use such payment instrument. You agree to pay and hereby authorize ZINDA to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account in accordance with these Terms. All charges are final, non-cancelable, and nonrefundable, provided that if ZINDA terminates your account on the Service without cause, you will be entitled to a prorated refund of prepaid amounts. All fees may be changed by ZINDA at any time and such increased fee amount will be notified to you and applicable in the following billing cycle (or such other future time notified to you by ZINDA). ZINDA may charge fees for features of the Service that were previously free. Unpaid trial use of the Service is subject to limitations, as may be described in our documentation or otherwise on our Site.
  2. Third Party Services. The Service may enable linkage between various online third-party services such as third party email, cloud storage, social, and similar services (“Third-Party Services”). If you chose to take advantage of these feature and capabilities, you may be required to authenticate, register for or log into Third-Party Services through the Service or on the websites of their respective providers. By linking your account on the Service to your account on a Third Party Service, you are authorizing ZINDA as your agent to access your Third Party Service account and any information, content, materials, and features included therein, and use such Third Party Service with read and write privileges on your behalf for the purpose of integrating your experience on the Service with such Third Party Service. Your use of the Third Party Services is governed solely by the agreement between you and the provider of such Third Party Service, and the Third Party Services provider is solely responsible for such Third Party Service and you agree that ZINDA is not liable for any loss or claim that you may have against any such third party.

The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (“Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

  1. Subscription Termination. You have the right to terminate your account at any time after the expiration of your initial subscription term (Monthly/Annual/Other) as specified by you during your enrollment for the Service with appropriate written notice to ZINDA in accordance with the procedures set forth on the Site. Your termination will be effective as of 11:59 pm CST on the last day of the last paid period. ZINDA reserves the right to modify, suspend, or discontinue the Service or any part thereof, and remove and discard any of your content in the Service, without liability and for any reason, including if we believe that you have violated these Terms, or if you do not accept and agree to be bound by any modification to these Terms. ZINDA will use good faith efforts to provide reasonable contemporaneous notice to you prior to suspension or termination of your account by ZINDA. All of your content on the Service may be permanently deleted by ZINDA upon any termination of your account in its sole discretion.

If your subscription expires or terminates and you subsequently request to access the Services to extract your content from the Service, and provided that ZINDA did not terminate the Terms for cause, you agree that you will enter into a new subscription agreement with ZINDA for (i) a period of one month if your most recent subscription for the Services was on a month-to-month basis or (ii) for a period of sixty (60) days if your most recent subscription for the Services was annual to retrieve such content. You will pay to ZINDA the fees applicable to such new subscription for the Services based on the fees that are in effect at the time of such subscription. If ZINDA terminates your account without cause and you have signed up for a fee-bearing service, ZINDA will refund the prorated, unearned portion of any amount that you have prepaid to ZINDA for such Service.

  1. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
  2. Indemnification. You agree to indemnify, defend and hold ZINDA and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms or use of the Site.
  3. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. ZINDA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
  4. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ZINDA BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws including consumer laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.

  1. Arbitration. Most user concerns can be resolved quickly and to the user’s satisfaction by emailing user support at support@journyz.com. In the unlikely event that the ZINDA’ support team is unable to resolve a complaint you may have ZINDA and you agree to arbitrate all disputes and claims that may arise from your use of our Services.
  2. Use of Information. ZINDA reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with applicable laws and our Privacy Policy.
  3. Copyrights. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice to privacy@journyz.com.
  4. Applicable Law. You agree that the laws of the state of Illinois, without regard to conflicts of laws provisions will govern this Terms and any dispute that may arise between you and ZINDA or its affiliates.
  5. Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
  6. Waiver. The failure of ZINDA to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.  Any waiver of these Terms by ZINDA must be in writing and signed by an authorized representative of ZINDA.

21 Marketing. ZINDA reserves the right to use your name and/or company name, logo, and trademarks and to identify you as a ZINDA user or customer, and for other similar marketing or promotional purposes on ZINDA’ website and in other communications and collateral materials provided to with existing or potential ZINDA customers, partners, and investors. To decline ZINDA this right you need to email privacy@journyz.com  stating that you do not wish to be used as a reference.

  1. Relationship of the Parties. Nothing contained in these Terms or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

23. Entire TOS. This TOS constitutes the entire agreement between you and ZINDA and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ZINDA with respect to this Site.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. ZINDA may revise these Terms at any time by updating these Terms and posting it on the Site.  Accordingly, you should visit the Site and review the TOS periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to the TOS.