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TERMS OF USE
(Terms of Service, TOU, TOS)

1. PURPOSE AND DESCRIPTION OF Zbigz.COM SERVICES

Zbigz.com lets you download files stored in the BitTorrent network using the Zbigz.com servers – the servers act as a proxy for you. This means that no BitTorrent peers or files are controlled by us and you must have the legal right to download the content you are accessing through our servers; this site should not be used for any other purpose. If you want to check the legitimacy of the torrent’s data, please contact the relevant tracker owners. This site was created to allow you to download public and freely available torrents like Linux or other non-commercial software. As such, no copyrighted data (or any other torrent data) is stored on our servers in a user-readable form. Only those who have initiated the torrent have access to valid download links.

Zbigz.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Zbigz.com Services (or any part thereof) with or without notice. You agree that Zbigz.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Zbigz.com Services (or any part thereof). Zbigz.com reserves the right to modify the user interface that it provides you, and to change the servers which provide you files and to which you upload your files. Zbigz.com reserves the right to decease the monthly data downloads available for your account.

2. ACCEPTANCE OF TERMS

Zbigz.com provides the Zbigz.com Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the TOS at any time by visiting

http://www.Zbigz.com/page-therms-of-use

By accessing and using the Zbigz.com Services, you accept and agree to be bound by the terms and provisions of the TOS. In addition, when using particular Zbigz.com owned or operated services, you and Zbigz.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

3. YOUR REGISTRATION OBLIGATIONS AND REPRESENTATIONS TO Zbigz.COM

In consideration of your use of the Zbigz.com Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Zbigz.com Services under the laws of any applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Zbigz.com Services’ registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zbigz.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zbigz.com has the right to suspend or terminate your account and refuse any and all current or future use of the Zbigz.com Services (or any portion thereof). You further represent, warrant and covenant that: (a) you will not use the Zbigz.com Services in a way that would: (i) restrict or inhibit any other user from using and enjoying the Zbigz.com Services, (ii) be illegal, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws or regulations, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) introduce or propagate a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind or any deceptive online marketing, (viii) constitute or contain false or misleading indications of origin or statements of fact; or (ix) violate the Acceptable Use Policies of any service or technology accessed through the Zbigz.com Services: (b) that you are at least eighteen (18) years old; (c) you are not barred from receiving any portion of the Zbigz.com Services by any applicable law or order; and (d) that all information submitted in connection with your registration is and will remain accurate and complete. Zbigz.com is concerned about the safety and privacy of all its users. You agree to notify Zbigz.com immediately of any impending or actual breach of security or other event known to you that may negatively affect the Zbigz.com Services.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a username and password designation upon completing the Zbigz.com Services’ registration process. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Zbigz.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is strictly forbidden to share your account (including your username and password) with anybody else. Zbigz.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph.

5. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Zbigz.com may establish general practices and limits concerning use of the Zbigz.com Services, including without limitation the maximum number of days that files or other uploaded Content including but not limited to BitTorrents will be stored by the Zbigz.com Services, the maximum number of uploads or downloads that may be processed by an account on the Zbigz.com Services, the maximum size of any file that may downloaded by an account on the Zbigz.com Services, the maximum disk space that will be allocated on Zbigz.com's contracted servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Zbigz.com Services in a given period of time. You agree that Zbigz.com has no responsibility or liability for the deletion or failure to store any files and other communications or other Content maintained or transmitted by the Zbigz.com Services. You acknowledge that Zbigz.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Zbigz.com reserves the right to modify these general practices and limits from time to time.

6. Zbigz.COM'S PROPRIETARY RIGHTS AND TRADEMARK INFORMATION

You acknowledge and agree that the Zbigz.com Services and any necessary software used in connection with the Zbigz.com Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in any advertisements or information presented to you through the Zbigz.com Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Zbigz.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Zbigz.com Services, such Content or the Software, in whole or in part.

Zbigz.com claims no ownership or control over any Content uploaded, downloaded or displayed by you on or through the Service. You retain all patent, trademark and copyright to any Content you upload, download or display on or through the Service and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Zbigz.com Services, you grant Zbigz.com a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the Zbigz.com Services solely for the purpose of displaying, distributing and promoting the Service or any other Zbigz.com Services. This license terminates when such Content is deleted from data networks. Zbigz.com reserves the right to syndicate Content submitted, posted or displayed by you on or through the Service and use that Content in connection with other services offered by Zbigz.com. You hereby waive all rights to any claim against Zbigz.com for any alleged or actual infringements of any proprietary rights, rights of privacy or publicity, moral rights, and rights of attribution in connection with such Content.

You agree that all of Zbigz.com’s trademarks, trade names, service marks and other Zbigz.com logos and brand features, and product and service names are trademarks and the property of Zbigz.com, Inc. (the "Zbigz.com Marks"). Without Zbigz.com's prior permission, you agree not to display or use in any manner the Zbigz.com Marks.

7. ACCEPTABLE USE POLICY

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials including but not limited to uploaded files and torrents ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Zbigz.com, are entirely responsible for all Content that you upload, download, email, transmit or otherwise make available via the Zbigz.com Services. Zbigz.com does not control the Content available via the Zbigz.com Services, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Zbigz.com Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Zbigz.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content downloaded, transmitted or otherwise made available via the Zbigz.com Services. While Zbigz.com requires appropriate member conduct and Content in connection with use of the Zbigz.com Services, you understand and agree that you nonetheless may be exposed to inappropriate conduct and/or Content and that you use the Zbigz.com Services and the global data networks at your own risk.

You agree to not use the Zbigz.com Services to:

  • (A) upload, download, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • (B) harm minors in any way;
  • (C) impersonate any person or entity, including, but not limited to, Zbigz.com itself, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • (E) upload, downloaed, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • (F) upload, download, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including the right of privacy ("Rights");
  • (H) upload, download, transmit or otherwise make available any material that contains software viruses, worms, Trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • (I) interfere with or disrupt the Zbigz.com Services or servers or networks connected to or utilized by the Zbigz.com Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Zbigz.com Services, including using any device, software or routine to bypass robot exclusion headers;
  • (J) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • (K) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • (M) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
  • (N) create user accounts by automated means or under false or fraudulent pretenses;
  • (O) interfere with or disrupt the Zbigz.com Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • (P) use the Zbigz.com Services for anything other than personal non-commercial use;
  • (Q) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Zbigz.com Services (including Content, advertisements, Software and your Zbigz.com ID);
  • (R) violate this Policy or run, install, store, transmit or otherwise make available any software, program, product or service that violates this Policy;
  • (S) violate any specific instructions given by Zbigz.com for reasons of health, safety or quality of the Services;
  • (T) sabotage any computers, machines or networks, or use or control bots, flooding or cloning or data extraction or gathering tools;
  • (U) attempt to interfere with or deny service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks);
  • (V) scan the networks of others for vulnerabilities without authorization;
  • (W) execute any form of network monitoring (e.g., using a packet sniffer) or otherwise engage in any monitoring or interception of data not intended for you without authorization;
  • (X) attempt to circumvent authentication or security of any host, network, or account ("cracking") without authorization;
  • (Y) use any program / script/ command, or send messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
  • (Z) "pharming," that is, using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service;
  • (AA) use the Zbigz.com Services in excess of any specified bandwidth limitation for your user account or generate excessive server load on the servers providing the Zbigz.com Services;
  • (BB) attempt to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Zbigz.com Services;
  • (CC) make any service, resource or part of the Zbigz.com Services available to others without authorization;
  • (DD) hijack IP space;
  • (FF) maintain an open mail relay and/or an open proxy;
  • (GG) use the Services in connection with or in support of the running of a mail server without a license to run such a server in any jurisdiction where such license is required;
  • (HH) be listed on an industry-recognized spam abuse list;
  • (II) use meta tags or any other "hidden text" utilizing Zbigz.com’ name, domain name or trademarks on the Zbigz.com Services;
  • (JJ) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the subparagraphs above; and/or
  • (KK) do anything which hereinafter will be widely regarded as network abuse.

You acknowledge that Zbigz.com or its affiliates or designees may or may not pre-screen Content, but that Zbigz.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is hosted on the servers to which you are given access via the Zbigz.com Services. Without limiting the foregoing, Zbigz.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Zbigz.com, including without limitation information in all other parts of the Zbigz.com Services, or information found in Usenet newsgroups

You acknowledge, consent and agree that Zbigz.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Zbigz.com, its users and the public.

Please be aware that some files may contain adult or mature content. Zbigz.com has no control over files content and unable to provide any content rating. You must be at least 18 years of age to subscribe to Zbigz.com Services. You acknowledge that Zbigz.com does not pre-screen, control, edit or endorse Content made available through the Zbigz.com Services and has no obligation to monitor the Content uploaded via the use of the Zbigz.com Services. Through our services, you will have access to and you may at some time or another become exposed to materials that you find offensive. Such materials include sexually explicit text and (encoded) images, pro-religious and anti-religious debate, questionable political views, and hateful speech. Zbigz.com expressly disclaims liability for any harm resulting from encountering such material. Moreover, we cannot be and are not responsible for the contents of any of your communications made via the use of the Zbigz.com Services. If Zbigz.com discovers Content (as hereinafter defined) that does not appear to conform to the Terms of Service, Zbigz.com may investigate and determine in good faith and in its sole discretion whether to have the Content removed. Zbigz.com will have no liability or responsibility for performance or non-performance of such activities. You acknowledge that Zbigz.com has absolutely no control over the Content in global data networks.

You understand that the Zbigz.com Services and software embodied within the Zbigz.com Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Zbigz.com and/or content providers who provide content to the Zbigz.com Services. You may not attempt to override or circumvent any of the usage rules embedded into the Zbigz.com Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Zbigz.com Services, in whole or in part, is strictly prohibited.

8. PAYMENTS

Zbigz.com may provide users with free and paid services. Payments can be made on a one-tame or regular basis depending on tariffs, selected by the user.

You may cancel your membership at anytime, and cancellation your will be effective immediately. You will lose any remaining downloads or access. We do not provide refunds or credits for any partial membership period.

Zbigz.com will begin billing your payment method for regular subscription fees corresponding to your subscription plan plus any applicable tax. To view the specific details of your subscription plan, log on at http://Zbigz.com and click “My Profile” once you are logged on to the Zbigz.com website. We will continue to bill your payment method on a regular basis for your membership plan until you cancel. You may cancel your membership at anytime. We offer a number of subscription plans. Our plans may include limits on Gigabyte downloads per month. We reserve the right to modify, terminate or otherwise amend our offered plans or to decease the downloads per month to which you are entitled under a particular plan. Unless otherwise stated differently, your “Billing Cycle” refers respectively to subscription that you chose upon registration.

By starting your Zbigz.com membership, you are expressly agreeing that we are authorized to charge you a membership fee for your Billing Cycle, any applicable tax and any other charges you may incur in connection with your use of the Zbigz.com Services to the payment method you provided during registration (or to a different payment method if you change your account information). As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your payment method, where applicable. The membership fee will be billed at the beginning of your membership and on each renewal thereafter unless and until you cancel your membership if regular subscription was chosen. For example, if you became a paying member on January 31st and you chose monthly payment, your payment method would next be billed on February 28th. We may also periodically authorize your card in anticipation of membership. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or prominently at the Zbigz.com website. If you want to use a different Payment Method please contact Zbigz.com support by visiting http://www.Zbigz.com and clicking on “Support”. If your Payment Method reaches its expiration date, your continued use of the service beyond that date constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. Your Zbigz.com membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership at least one day before it renews in order to avoid billing of the next monthly, biannual or annual membership fees to your Payment Method. We will bill the next monthly, biannual or annual membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

Trial period offers. You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service.

9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Zbigz.com Services and transfer, posting and uploading of software, technology, and other technical data via the Zbigz.com Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Zbigz.com Services to parties identified on such lists; (b) agree not to use the Zbigz.com Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Zbigz.com Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

10. Zbigz.COM PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Zbigz.com Privacy Policy and clicking on “Privacy Policy”. You understand that through your use of the Zbigz.com Services you consent to the collection and use (as set forth in the applicable privacy policy) of certain information described in the privacy policy, including the transfer of this information to the United States and/or other countries for storage, processing and use by Zbigz.com and its affiliates.

As a condition of using the Service, you agree to the terms of the Zbigz.com Privacy Policy, as it may be changed from time to time. Zbigz.com will provide you notice of any significant changes by placing a link on the Zbigz.com home page or by email. You understand and agree that Zbigz.com may access, preserve, and disclose your personal information and the contents of your account in order to provide the Service or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Zbigz.com, its affiliates or the public. Personal information collected by Zbigz.com may be stored and processed in the United States or any other country in which Zbigz.com or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

11. CONTRIBUTIONS TO Zbigz.COM

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Zbigz.com through its suggestion or feedback webpages or email addresses, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Zbigz.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Zbigz.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Zbigz.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Zbigz.com without any obligation of Zbigz.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Zbigz.com under any circumstances.

12. TERMINATION

You may terminate your Zbigz.com account and access to the Zbigz.com Services by submitting termination request to Zbigz.com support. Account termination will be completed after you will get notice about successful termination from Zbigz.com.

You agree that Zbigz.com may, without prior notice, immediately terminate, limit your access to or suspend your Zbigz.com account and access to the Zbigz.com Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) a breach or a violation of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Zbigz.com Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Zbigz.com Services. Zbigz.com’s payment policies and subscription information is located at http://Zbigz.com. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Zbigz.com's sole discretion and that Zbigz.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Zbigz.com Services.

Termination of your Zbigz.com account includes any or all of the following: (a) removal of access to all or part of the offerings within the Zbigz.com Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), (c) deletion of any Content or any part thereof posted by you, and (d) barring of further use of all or part of the Zbigz.com Services.

13. INDEMNITY

You agree to indemnify and hold Zbigz.com and its subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees 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, modify or otherwise make available through the Zbigz.com Services, your use of the Zbigz.com Services, your connection to the Zbigz.com Services, your connection to the global network, your violation of the TOS, or your violation of any rights of another.

14. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Zbigz.com through its suggestion or feedback webpages or email addresses, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Zbigz.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Zbigz.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Zbigz.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Zbigz.com without any obligation of Zbigz.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Zbigz.com under any circumstances.

You expressly understand and agree that:

You expressly understand and agree that Zbigz.com and its subsidiaries, affiliates, officers, employees, agents, partners, licensors and licensees shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Zbigz.com has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Zbigz.com services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Zbigz.com services; or (e) any other matter relating to the Zbigz.com services.

Unless explicitly stated otherwise, any new features augmenting or enhancing the current Zbigz.com Services, including the release of new Zbigz.com properties, shall be subject to these TOS. You understand and agree that the Zbigz.com Services are provided "AS-IS" and that Zbigz.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to post or store any user communications or personalization settings. You further understand that Zbigz.com Services may be interrupted and Zbigz.com and the entities providing hosted servers shall not be liable for interruptions. You are responsible for obtaining access to the Zbigz.com website and the Zbigz.com Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with your subscription to the Zbigz.com Services as hereinafter described. In addition, you must provide and are responsible for all equipment necessary to access the Zbigz.com Services. You understand that the technical processing and transmission of the Zbigz.com Services, including your postings or content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 19 and 20 may not apply to you.

15. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

16. NOTICE

Zbigz.com may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Zbigz.com Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Zbigz.com Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Zbigz.com Services in an authorized manner.

17. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Zbigz.com and governs your use of the Zbigz.com Services, superseding any prior version of this TOS between you and Zbigz.com with respect to the Zbigz.com Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Zbigz.com Services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You and Zbigz.com each agree that the TOS and the relationship between the parties shall be governed by the laws of the jurisdiction of Zbigz.com management location without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Zbigz.com, shall be brought exclusively in the courts located in Zbigz.com management location. You and Zbigz.com agree to submit to the personal jurisdiction of the courts mentioned above, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of Zbigz.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Zbigz.com account is non-transferable and any rights to your Zbigz.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Zbigz.com Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.

18. VIOLATIONS

Please report any violations of the TOS to us at support@Zbigz.com