Terms and conditions of website

By using www.Zengle.com (Zengle) you must accept these terms and conditions of use.

1.Your use of Zengle

You alone are responsible for your use of Zengle and the consequences of any such use. By using Zengle you agree to comply with the following guidelines:

1. You may not attempt to build a copy of our content or reverse engineer our processes.
2. You may use Zengle for your own research, study or other uses that do not infringe the copyright of Zengle or its Members.
3. Zengle may not be used to send chain letters, junk mail, 'spam', solicitations (commercial or non-commercial) or bulk communications of any kind.
4. You must not use Zengle in a way that might reasonably be expected to cause the website to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another's computer.

2.Copyright

All copyright, database rights and other intellectual property rights in all the material which comprise Zengle including but not limited to design, structure, layouts, graphical images and source code belongs to Zengle or its Members. All rights are reserved, except for the limited licensed rights expressly granted below.

You acknowledge that copyright and all other intellectual property rights in the website shall remain with Zengle or the owner of it so that any and all rights in that may exist in such material are retained. You shall have and shall gain no rights of ownership to such rights. You may view, print, download or temporarily store extracts from Zengle for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any Zengle material or content. You acknowledge that you will not acquire any rights by downloading or otherwise using any Zengle content or materials.

By submitting content to any public area of Zengle, including message boards, forums, and contests, you grant Zengle a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt and publish the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also permit any user to access such content for personal use.

3.Third Party Web Sites, Goods and Services

Zengle provides links to third party web sites that are not affiliated with Zengle. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites, and no such representations should be inferred or construed whether from the provision of that link or otherwise.

All matters concerning any goods and services that you purchase from a third party site, including, without limitation all contract terms are solely between you and the owner of that site and Zengle will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against Zengle with respect to any such sites. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.

4.Disclaimer of Warranties and Limitation of Liability

Zengle is provided on an "as is" and "as available" basis. Zengle expressly disclaims all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.

You understand and agree that Zengle does not warrant or guarantee the accuracy or completeness of any information in or provided in connection with Zengle. Zengle is not responsible for any errors or omissions or for the results obtained from the use of such information.

Zengle shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on Zengle. Your participation in Zengle is solely at your own risk. No advice or information, whether oral or written, obtained by you from Zengle or through Zengle shall create any warranty not expressly made in these terms of service or imposed by law.

Zengle shall not be liable for any errors or inaccuracies or incompleteness in or reliance on, any data or materials supplied to Zengle by a Member.

5.Application performance

Zengle shall use its best endeavours to provide a website that performs according to its logical structure, which enables the website to function correctly. However, Zengle denies all liability for any perceived slow operation or non-operation of the website.

Zengle may have downtime in order to perform maintenance and improvements from time to time.

6.Membership

Zengle offers free Membership. This free Membership is at the absolute discretion of Zengle. Please see the Terms of Membership.

7.Termination & Remedies for Breach of these Terms by You

Zengle will be entitled to deny you access to Zengle without notice in the event of a serious breach of these Terms and Conditions or if Zengle considers that your use of Zengle is inappropriate or otherwise unacceptable.

Zengle shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as Zengle in its sole discretion considers reasonably necessary or appropriate.

8.Force Majeure

Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including Acts of God, riot, war, malicious acts of damage, fires, electricity supply failure.

9.Trademark Notice

Zengle, Zengle.com and the Zengle logo are trademarks of Zengle (UK).

10.Indemnification

You agree to indemnify and hold each of Zengle, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of Zengle, the violation of these Terms and Conditions by you, or the infringement by you, or any other person, of your account, or of any intellectual property or other right of any other person or entity.

11.Interpretation and Jurisdiction

The law of England and Wales applies to these terms. You agree that the courts of England & Wales shall have exclusive jurisdiction to resolve any dispute arising out of or relating to this Agreement and you also agree that Zengle has the right to take legal action in any jurisdiction where it believes that the Terms have been infringed.

12.Survival

Should any provision of these terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of these terms shall not constitute or be construed as a waiver of such provision or the right to enforce the provision.

13.Absence of Waiver

Any failure or delay by Zengle to enforce strict performance by you of any of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver to any extent of our rights.

14.Right to Assign

Zengle may assign its rights and obligations under these Terms and Conditions and upon such assignment Zengle shall be relieved of any further obligation under these Terms and Conditions.

Zengle’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

How to contact Zengle. If you have any questions regarding the Terms and Conditions or any other matter, you may contact Zengle at

support@zengle.com

© Copyright 2006 Zengle.com.