Zipsy Terms of Service & Privacy Policy

We, the developers at Cirtual LLC ("Cirtual," "Zipsy," "we," or "us"), are committed to enable you, our users ("User(s)" or "you"), to experience a new and innovative way of interacting with your community. To provide you with a platform where you can do so, we need to establish some rules and guidelines. This document states or refers to these rules and guidelines.

By using our Services, you are accepting these Terms of Service ("Terms"), expressing your consent to all the provisions in these Terms, and agreeing to be bound by and comply with all the terms and conditions of these Terms. So please review them carefully before using our Services. Your right to access and use our Services is conditioned upon acceptance of and compliance with these Terms, so if you do not consent and adhere to these Terms, you have no right to access or use our Services; in such case, please do not use our Services. These Terms cover the Zipsy or Cirtual websites located at www.zipsyapp.com and www.cirtual.com ("Site" or "Sites") and any Zipsy mobile application and service (the "App"). The Site, application and service are collectively referred to as the "Services". When using our Services, you may submit content, including but not limited to picture posts and user comments ("User Content"). Unless otherwise specified, all references to the Services include the services available through the App and the Site, as well as any software that Zipsy provides to you that allows you to access the Services from a mobile device and any other Materials.

Important Note: These Terms contain a dispute resolution and arbitration provision, including class action waiver, which affects your rights under these Terms and with respect to any dispute you may have with Zipsy or Cirtual LLC. You may opt out of the binding individual arbitration and class action waiver as provided below.   

Changes

We may make changes to the Services at any time. Zipsy can also change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the App or the Site, by posting a notice on the Services, or by notifying you via the App. Your continued access to or use of the Services after the new Terms become effective will constitute acceptance of the new Terms; if you do not agree with any of the updated Terms, you must stop using Services.

General Use

By using, you represent, acknowledge and agree that you are at least 13 years of age and that you have not been previously barred from using our Services. If you are not at least 13 years old, you may not use the Services at any time or in any manner or submit any information to the App, the Site or any part of the Services. 

The Services may not be available in all locations, and we may block access to the Services from certain locations based on your device’s geolocation information. We may add to or remove the areas in which the Services are not available at any time, without notice to you.

You understand that when you use our Services, you will be exposed to content from a variety of sources, which may be inaccurate, offensive, indecent or objectionable. We are not responsible for the accuracy, appropriateness or usefulness of the content provided through our Services, nor do we endorse such content nor any opinion, recommendation or advice expressed therein. We therefore expressly disclaim any and all liability in connection therewith and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice to you and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof. You agree that we will not be liable to you or any third party for any such modification, suspension, interruption or termination of the Services or any part thereof. Also If your rights regarding access to and use of the Services are suspended or terminated, you agree to make no further attempt to access or use the Services during such suspension or after termination.

You may terminate your use of the Services at any time by deleting the App. In case of a termination, whether by us or by you, the provisions regarding Intellectual Property Rights; Privacy and Anonymity; Compliance with the Law; Unauthorized Access; Indemnification, Warranties and Liability; and General Terms and Conditions shall survive such termination.

Services

Zipsy provides content through the Services that is copyrighted and/or trademarked work of Cirtual, Zipsy or Zipsy’s third-party licensors and suppliers or other users of the Services (collectively, the "Materials"). Materials may include logos, text graphics, video, images, photos, software and other content.

Through our Services, third parties may make available materials, information and services, such as photographs, text, graphics, pictures, sound, video, information and software applications (collectively "Third Party Content"). Such Third Party Content may be governed by separate license agreements that accompany such content. Although we may monitor Third Party Content, and may set up controls of the same, we are under no obligation to investigate, monitor or check for accuracy, appropriateness, or completeness of such Third Party Content. We offer no guarantees and we assume no responsibility or liability of any type with respect to such Third Party Content, including any liability resulting from incompatibility between the Third Party Content and our Services. You agree that you will not hold us responsible or liable with respect to the Third Party Content or seek to do so.

To the extent our Services contain links to outside services and resources, or that our content or Services are embedded or incorporated into third party websites or other properties, you acknowledge that: (1) we are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites; (2) we are not responsible for any other form of transmission received from any linked site, and (3) and you should review the terms of use and policies of these third party websites or other properties.

Also, we may provide links to third party websites or other properties you only as a convenience, and the inclusion of a link does not imply our approval or endorsement. Any issues or concerns regarding any such site should be directed to the owner or operator of that site or property.

Subject to these Terms, Zipsy or Cirtual hereby grants you a limited, non-exclusive, non-sub-licensable, non-transferable and revocable license to use and to display the Materials and to use the Services solely for your personal, non-commercial use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner.

You acknowledge that Zipsy or Cirtual may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Standard carrier data charges may apply to your use of the App.

Except for the limited rights expressly licensed in these Terms, Zipsy or Cirtual and their third-party licensors or suppliers retain all right, title, and interest in and to the Services. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature or part of our Services to any person or geographic area.

The following additional terms and conditions apply with respect to any App that Cirtual or Zipsy provides to you designed for use on an Apple iOS-based mobile device (an "iOS App"):

• You acknowledge that these Terms are between you and Zipsy/Cirtual only, and not with Apple, Inc. ("Apple").

• Your use of Zipsy’s iOS App must comply with Apple’s then-current App Store Terms of Service.

• Zipsy or Cirtual, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.

• You agree that Zipsy or Cirtual, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.

• You agree that Zipsy or Cirtual, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

• You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

• The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Zipsy’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

If you breach any of these Terms, the above license will terminate automatically and you must immediately stop using the Services and destroy any downloaded or printed Materials.

Privacy and Anonymity

Please review the Zipsy Privacy Policy (the "Privacy Policy"), available below, which explains how we use and disclose information that we collect from and about you. By using our Services, you agree that we may use and disclose the information we collect from and about you as stated in the Privacy Policy (which is incorporated into these Terms). Without limiting the foregoing, you expressly acknowledge that any Submissions (defined below) or other information you submit to the Services may be viewable by all other users of the Services and any third party, so if you want to preserve your anonymity to people other than your exposed friends you should not include any personally identifiable information in those Submissions.

Submissions

You are responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on, through or in connection with the Services (each a "Submission"). We reserve the right to retain your Submissions, even after they have expired from view within the App or even after you have deleted them. However, you agree that we have no obligation to retain any Submission for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of a Submission.   

Our Community Guidelines provide important information about permissible User Content and User conduct. While we cannot guarantee that you will not encounter objectionable content on our Services, the Community Guidelines are an important part of making our Services a creative environment that all users can enjoy. Accordingly, you must observe the Community Guidelines and they constitute an integral part of these Terms.

You may not upload, post or otherwise make available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage or harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness. So by submitting User Content to our Services, you affirm, represent and warrant that you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to submit such User Content to our Services and to grant us the rights and licenses as set forth hereinafter. You also represent that your User Content does not and will not infringe, violate or misappropriate any third-party rights, including any patent, trademark, trade secret, copyright, right of publicity, or any other intellectual property or proprietary right.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Services is provided on a non-proprietary and non-confidential basis. You hereby grant to Zipsy or Cirtual a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to do the same ("Submission License"). Without limiting the foregoing, you agree that the Submission License gives Zipsy or Cirtual the right to sublicense Submissions to third parties in connection with the syndication, broadcast, distribution, promotion, or publication of Submissions in any and all media or distribution methods, now known or later developed. No use of Submissions in accordance with the Submission License shall entitle you to any compensation from Zipsy or Cirtual, or any third party.

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Services. When you provide Submissions you agree that those Submissions shall not be in violation of the "Unauthorized Activities" section below. Although Zipsy may, in its sole discretion, monitor and remove or edit Submissions for any reason, including but not limited to violation of the "Unauthorized Activities" section below, Zipsy is not obligated to do so.

Unauthorized Activities

Once again, you may use the App for your personal, non-commercial use. You may not:

• modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law.

• rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party.

•  make any copies of the App. 

• delete the copyright and other proprietary rights notices on the App.

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Use racially or ethnically offensive language.

• Discuss or incite illegal activity.

• Post anything that exploits children or minors (including pornography that depicts minors) or that depicts cruelty to animals.

• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.

• Use any robot, spider, scraper or other automated means to access the Services.

• Post other people’s personally identifying or confidential information, including but not limited to credit card numbers, Social Security Numbers, and driver’s and other license numbers. Moreover, you may not post information such as other people’s passwords, usernames, phone numbers, addresses and e-mail addresses unless already publicly accessible on the Web.

• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

• Alter the opinions or comments posted by others on the Services

• Post any image or language that is obscene or offensive, threatening or demeaning to any individual or group.

• Post anything contrary to our public image, goodwill or reputation.

• Remove, circumvent, interfere with or otherwise attempt to breach the security-related features of our Services or in any other way attempt to gain unauthorized access to our Services or any part thereof

This list of prohibitions provides examples and is NOT exhaustive or exclusive.

Zipsy reserves the right to (a) terminate access to your account and your ability to post to the Services (or otherwise use the Services) and/or (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Zipsy determines is inappropriate or disruptive to the Services or to any other user of the Services. Zipsy may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Zipsy’s discretion, Zipsy will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.

Unauthorized use of any Materials or Third-Party Content contained in the Services may violate certain laws and regulations. You agree to indemnify and hold Zipsy or Cirtual and its officers, directors, employees, consultants, affiliates, agents, licensors, and business partners (collectively, the "Indemnified Entities") harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Zipsy/Cirtual or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the use of the Services by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Zipsy or Cirtual Intellectual Property

Unless otherwise stated, all materials on our Services, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and any written and other content that appear as part of our Services, as well as their selection and arrangement and their "look and feel", are, insofar applicable, protected by copyright, trademark, trade dress, patent and/or other intellectual property and proprietary rights (collectively "Zipsy or Cirtual Intellectual Property"), and any unauthorized use of such material may violate the Zispy or Cirtual Intellectual Property. Nothing in these Terms shall transfer from us or any of our third party licensors to you any Zipsy or Cirtual Intellectual Property or third party Intellectual Property. All right, title and interest in and to our Services and the Zispy or Cirtual Intellectual Property are and will remain the exclusive property of Zispy/Cirtual.

The Zipsy or Cirtual Intellectual Property, as well as any third party trademarks, logos and service marks contained in our Services, may not be used in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without our or the third party owner’s prior written permission.

Compliance with Law

Your Obligations: you may only use our Services in compliance with all applicable local, state, national and international laws, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy as well as U.S. export laws and regulations. You are not permitted to access or use our Services in any jurisdiction that does not give effect to these Terms. If you access or use our Services from a location outside the United States, you are solely responsible for complying with applicable local laws.

Our Obligations: Just as we require you to abide by the law, we must do so as well. This means that we might be required to disclose information that could be used to identify you or that we may choose to do so if we deem it necessary to do so. Please consult our Privacy Policy (found below) or Community Guidelines for more information about this point.

We may monitor User Content and where deemed appropriate take proactive steps, including without limitation notification to appropriate authorities. For example, if we read about illegal activity or imminent threats, we may inform law enforcement agencies. You hereby expressly acknowledge and agree to such monitoring and that we may disclose information and data that might lead to your identification if we, at our sole discretion, deem it appropriate to protect you or others from serious harm.

The Federal Arbitration Act, North Carolina state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in Forsyth County, North Carolina. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Zipsy’s failure to enforce any of these Terms is NOT a waiver of such term. These Terms are the entire agreement between you and Zipsy or Cirtual and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Zipsy/Cirtual about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Disclaimer of Warranties

Your use of the Services is at your own risk. The Materials may not have been verified or authenticated in whole or in part by Zipsy or Cirtual, and they may include inaccuracies or typographical or other errors. Zipsy or Cirtual does not warrant the accuracy of timeliness of the Materials contained on the Services. Zipsy or Cirtual has no liability for any loss of, or errors or omissions in Submissions, or for any errors or omissions in the Materials or any other portion of the Services, whether provided by Zipsy or Cirtual, our licensors or suppliers or other users.

ZIPSY OR Cirtual LLC, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, MATERIALS AND ANY OTHER PORTION OF THE SERVICES OR ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, ZIPSY OR CIRTUAL LLC DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

IN NO EVENT WILL ZIPSY OR CIRTUAL LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF ZIPSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, ZIPSY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES. 

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST ZIPSY OR CIRTUAL LLC FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IF, NOTWITHSTANDING THESE TERMS, ZIPSY OR CIRTUAL IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, ZIPSY’S LIABILITY SHALL IN NO EVENT EXCEED ONE U.S. DOLLAR ($1.00) IN THE AGGREGATE.

THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Local Laws; Export Control

Zipsy/Cirtual controls and operates the Services from its headquarters in the United States and the Services may not be appropriate or available for use in other locations. You are responsible for following applicable laws and regulations in your jurisdiction, including but not limited to laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. 

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials regarding Zipsy or the Services, whether by email or otherwise (collectively, "Feedback"), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Zipsy or Cirtual are free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that Zipsy is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Dispute Resolution and Arbitration; Class Action Waiver

Please read the following provision (the "Provision") carefully; it requires you to arbitrate disputes with Zipsy or Cirtual and otherwise limits the ways you can seek remedies from us.  

Many customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us via the support link at http://www.zipsyapp.com/. We ask that you please contact us if you have any concerns.

This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Zipsy or Cirtual. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

This provision provides that all Disputes between you and Zipsy or Cirtual shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Provision, "Zipsy" means Zipsy or Cirtual and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, contractors and agents. The term "Dispute" means any dispute, claim, or controversy between you and Zipsy regarding any aspect of your relationship with Zipsy, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Zipsy’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Zipsy or Cirtual an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Zipsy, 2843 Bitting Rd. Winston Salem NC 27104. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Zipsy does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Zipsy/Cirtual may choose to pursue a Dispute in court and not by arbitration if (a) given the nature and amount of the Dispute, it may be initiated in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Opt-Out Deadline"). You may opt out of this Provision by mailing written notification to Zipsy, 2843 Bitting Rd. Winston Salem NC 27104. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Zipsy or Cirtual through arbitration. Your decision to opt out of this Arbitration Provision will have no adverse effect on your relationship with Zipsy or Cirtual. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

Arbitration Organization: If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Zipsy/Cirtual may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration: You or Zipsy/Cirtual may initiate arbitration in either Forsyth County, North Carolina, or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Zipsy/Cirtual may transfer the arbitration to Forsyth County, North Carolina in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.

Payment of Arbitration Fees and Costs: Zipsy/Cirtual will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Zipsy as provided in the section above titled "Pre-Arbitration Claim Resolution" and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Zipsy/Cirtual specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by entering into this Agreement you and Zipsy/Cirtual are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Zipsy/Cirtual might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided in this Provision, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your service with Zipsy, Cirtual or their affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Zipsy makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Zipsy to adhere to the language in this Provision if a dispute between us arises.

Copyright Policy

Zipsy respects the intellectual property rights of others. If you believe that your intellectual property appears on the Services in violation of your copyright, please provide Zipsy’s designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Services, and information reasonably sufficient to permit Zipsy/Cirtual to locate the material.

• Information reasonably sufficient to permit Zipsy/Cirtual to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law.

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Zipsy’s agent for notice of claims of intellectual property infringement on the Services can be reached as follows:

Zipsy
Attn: Copyright Agent
zipsy.copyright@cirtual.com 
2843 Bitting Rd.
Winston Salem NC 27104

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Zipsy designated agent that includes all of the following information:

• Your physical or electronic signature;

• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and

• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Zipsy or Cirtual may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Contact Us

If you have any questions about these Terms or otherwise need to contact Zipsy for any reason, you can reach us at http://www.zipsyapp.com/


 

Zipsy Privacy Policy

The Zipsy or Cirtual mobile application and services (the "App"), as well as the Zipsy or Cirtual websites located at www.zipsyapp.com or www.cirtual.com (the "Site," or "Sites") and any content therein (collectively, the "Services") offer users a forum to interact with other Zipsy users in the same area, in order to post and share comments, and to respond to comments posted by others. In this Privacy Policy ("Policy"), we describe how we collect, use, and disclose information that we obtain about users of our Services, which are available via our App and/or the Site.

What Information We Collect

Account Information: When you first launch the App, we assign you a user id so that we can distinguish you from other users on our servers.

Geolocation Data: We ask you to share your location information from your mobile device. If you choose not to, the Services will not function. You can revoke your consent by changing the settings or preferences on your device or by deleting Zipsy from your device.

Your Content and Usage: We collect any content you submit to the Services. The content includes anything in your posts (for example, photos and links), replies and votes, as well as information about when you submitted the content, when it was viewed, and other activities. We gather this Usage Data so we can get a better portrait of how our users are interacting with the Site and Services so that we can continue to improve the user experience over time.

Telephone Number: We may ask you to provide and verify your telephone number. This process may be triggered, for example, if you were posting an excessive amount of content or if we suspect improper activity on your account.

Other Information You provide to Us: When you contact Zipsy or Cirtual, we will collect any information you volunteer.

Information We Collect Automatically: We may automatically collect information about your use of the Services such as access time, device ID, application ID or other unique identifier; domain name, IP address, screen views; geo-location data (with your permission); language information; device name and model; carrier and country network information; operating system information; your activities within the Services; and the length of time that you are logged in. We may combine this information with other information that we have collected about you. Like many other websites, our Site uses cookies. These are small, removable data files that your web browser stores to help identify your computer and browser when you visit a website. They can also have the added benefit of speeding up your access to sites. We don’t use cookies to collect personal information. Instead, we use them to improve the quality of our Site and Services. Our Site is not designed to respond to "do not track" signals received from browsers. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to let you know when a cookie is being sent.

Social Media Sites: You can like us on Facebook, follow us on Twitter, and promote us on other social media sites. We collect information about who has liked us or followed us. However, we don't associate your social media account with your Zipsy account. You may also share Zipsy or Cirtual through Facebook, Twitter, Instagram, and other social media accounts.

How We Use Information We Collect

In general, we use the information we collect from and about you to provide and operate the Services, respond to your requests, and to provide customer service and technical support. We may also use information:

• To tailor the information that we may send or display to you, offer location customization, send you push notifications and alerts, and to otherwise personalize your experiences while using our Services.

• To send you notices.

• To display advertising, including advertising that is targeted to you based on your location, as well as your Zipsy activities. (also see Third Party Ads and Analytics sections below)

• To verify your identity and prevent spam or other unauthorized or illegal activity.

• To better understand how users access and use our Services, both on an aggregated and individualized basis, in order to improve our Services and respond to user desires and preferences, and for other research and analytical purposes.

Where Information is Processed

Zipsy (and its parent company, Cirtual LLC) are based in the United States. No matter where you are located, you consent to the processing and transferring of your information in and to the U.S. and other countries. The laws of the U.S. and other countries governing data collection and use may not be as comprehensive or protective as the laws of the country where you live. And, your information may be made available to government or law enforcement requests.

How We Share Information

You cannot control who views your content; any content you post is publicly available. So, if you don't want to share something publicly, don't post it. Zipsy is a social network, and the content you post may be shared with and viewable by others. We do not identify you by name or contact information to other Zipsy users other than your exposed friends. However, we cannot prevent others from determining your identity from the content you post or how you share content through third party sites.

The information we collect, including personally identifiable information, may be shared as follows:

• Zipsy Users: Any information that you post, including comments, replies and other information is publicly available. We cannot control how your information is used by others. Your posts are available to all other users. Users can also freely share any Zipsy content, no matter who posted it, through other third party sites like Facebook, Twitter and Instagram. And, your posts may be publicly distributed outside of Zipsy by us or third parties.

• Service Providers: We may disclose the information we collect to third party vendors, service providers, contractors or agents who perform functions on our behalf.

• Business Transfers: We may transfer the information we have collected to another company in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business.

• Third Parties and Partners: We may share the information with our third party partners, including advertisers and researchers. For example, if you post content that mentions one of our advertisers, we may share that content with them. Or, we may work with a researcher to analyze the content on a particular feed.

• In Response to Legal Process: We also may disclose the information in order to comply with the law, a judicial proceeding, court order, subpoena, or other legal process. For example, we may share your IP address or other identifier, your location information, or any other information we have collected about you and your device.

• To Protect Us and Others: We also may disclose information if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which Zipsy or Cirtual LLC is involved.

• Aggregate and De-Identified Information: We may also share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

Invite Contacts

You can choose to "Share Zipsy" by inviting contacts via email, text or other means. You choose what contacts to invite and when to invite them. If you invite a contact, we may generate a message with the Zipsy or Cirtual download URL included, which you can choose to send via your mobile device. If you decide to invite your friends to use the Services via our "invite friends" feature, you will also need to reveal your cell phone number to your friend when you send the invitation.

Your Content

You can delete content you have posted (including replies). Content you delete will be hidden from other users. However, Zipsy or Cirtual may maintain a copy of such content in our records.

Push Notifications/Alerts

We may send push notifications or alerts to your device. You can deactivate these messages at any time by changing the notification settings on your device or by changing your Zipsy settings.

Third Party Analytics

We may use automated devices and applications, included those offered by third parties to evaluate usage of our Services. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. The information collected may include unique device identifiers, device manufacturer and operating system, IP address, browser type, session start/stop time, and user activity.

From time to time, we may establish business relationships with other businesses but will only do so if we believe they are trustworthy. We carefully vet these relationships to confirm that these service providers have privacy practices that are consistent with ours. These service providers may include companies that provide us with services such as hosting and maintenance, customer relationship management, push notifications, and data storage and management.

We give service providers only the information that’s necessary for them to perform services on our behalf. What’s more, each service provider must agree to use security procedures and practices that are reasonable and appropriate for the information involved. This is another way that we work to protect your information from unauthorized access, use, or disclosure. Also, we prohibit our service providers from using your information in any manner that is not specified by us.

In addition, we may use and disclose certain Usage Data to third parties. This Usage Data doesn’t identify individual users. We use mobile analytics software to help us better understand how our Services work on your device. This software may only record information usage information, such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded. But we do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile app. This essentially only covers what you do, but not who does it. We may also partner with universities or other research institutions or scientists to use the limited information we have in anonymous, controlled research studies. 

Third Party Ads

We may display ads to you (including in-app ads), and we may target those ads based on your location, your Zipsy activities, and other criteria (e.g., the time of day). We do not currently respond to do-not-track signals that may be sent from your device. For more information about interest-based ads, including how to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

Third-Party Links

Our Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites.

Minors

Once Again, You must be at least 13 to use our Services. If you are not at least 13, please do not use our Services or provide any information to us. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at http://www.zipsyapp.com.

Changes to this Policy

We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site, at http://www.zipsyapp.com. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site, or providing notice in our mobile app.