Zip's Terms of Use

Preamble

Zip (collectively referred to as “Zip,” “we,” “us,” or “our”) operates thezipapp.com (the “Site”) as well as related services, including our mobile applications (collectively, the “Services”). These terms and conditions (“Terms of Use”) creates an enforceable, binding agreement between Us and You once You access the Site or uses our Services.

The focus of our Site and Services are to let You settle life’s friendly squabbles, arguments and opinion-based questions by tallying votes from other users quickly and anonymously.

  1. Users and Access

    1. USE. Use of the Services, or any other Zip software licensed through a third party distributor, shall be governed by these Terms of Use. These Terms of Use may be modified at Our sole discretion at any time without specific notice to You. Users are responsible to periodically review the Terms of Use for changes and updates. Continued use of the Services shall constitute Your acceptance of any modifications to the Terms of Use.
    2. USERS. Certain portions of the Services shall be restricted to those Users who have completed the verification process. You hereby agree to provide only information that is true, accurate, current and complete to the best of your ability. Information detected as suspect by our verification process may result in the denial or termination of Your access to the Services either in whole or in part.
    3. PREMIUM USERS. Certain portions of the Services shall be restricted to those Premium Users who have completed the application process and maintain an active account in good standing. You hereby agree to provide only information that is true, accurate, current and complete to the best of your ability. Information detected as suspect by the application process may result in the denial or termination of Your access to the Services either in whole or in part.
    4. ACCESS TO SERVICES. To access the full range of Services, you must provide a verified email address, gender and year of birth and select a password (your “Account Credentials”), which you may not transfer to or share with any third parties. You are solely responsible for the use of your Account Credentials and all activities that occur under or in connection with your Account Credentials, including any consequences resulting from use that is in violation of these Terms of Use. We reserve the right to any action deemed necessary to ensure the integrity of the Services and protect your Account Credentials. These actions may include, but are not limited to terminating your access, changing your password, or requesting additional verification information. Zip, its parent company, affiliates, owners, members, officers and directors, shall not be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Zip under this provision, (ii) any compromise of the confidentiality of your Account Credentials, and (iii) any unauthorized access to or use of your Account Credentials.
  2. Ownership

      You expressly acknowledge and agree that the software, code, proprietary methods and systems used to provide the Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Copying, modifying, reproducing, republishing, or redistributing in any way without our prior express written consent is strictly prohibited. These Terms of Use only grants you the revocable licensed right to access the Services generally and ordinarily in accordance with these Terms of Use. This revocable licensed right may be terminated or restricted without notice at Our sole discretion. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Zip or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
  3. Content

    1. RULES REGARDING CONTENT. When accessing the Services, you obtain access to a variety of information and materials (“Content”), which may come in a variety of forms.
    2. POSTING. For any Content you post, you expressly grant us a perpetual, irrevocable, non-exclusive, royalty-free, fully paid, fully sub-licensable license, under any and all of your copyright and other intellectual property rights related to that Content, to use, reproduce, display, perform, create derivative works of and otherwise exploit any Content you make available through the Site or Services. You agree that any such Content or any derivative works may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by Us (with or without attribution to you), and searched, displayed, printed or otherwise used or exploited by Us.
    3. POSTING RESTRICTIONS. To the extent you include personally identifiable information in your Content, we will not be liable for such disclosure. You represent and warrant that you will not post or use any Content in any manner that:
      1. Infringes on the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
      2. Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
      3. Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
      4. Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
      5. Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
      6. Advocates or encourages any illegal activity
    4. EXPOSURE. You may be exposed to Content that violates our policies or is otherwise offensive. You understand that accessing the Services is at your own risk. We may, but are not obligated to, remove Content from the Site for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on the Site or through the Services whether it violates our content policies or not. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility or liability for, the quality, content, nature or reliability of any Content provided by any user or any opinion, recommendation, or advice expressed therein.
    5. NON-RELIANCE ON CONTENT
      1. MEDICAL QUESTIONS AND CONTENT. Content posted regarding medical issues are not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created. Content is not a substitute for professional medical advice, examination, diagnosis or treatment. Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.
      2. LEGAL QUESTIONS AND CONTENT. Content posted related to legal questions is not intended to be legal advice or form an attorney-client relationship. If you believe you have a legal claim, contact an attorney licensed in your state (or country) discuss your matter. Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No action should be taken, delayed, or deferred based on the Content. Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests. You should not delay or forego seeking legal advice or disregard professional legal advice based on Content.
      3. FINANCIAL OR BUSINESS QUESTIONS AND CONTENT. Content posted regarding financial issues are not intended to be trading advice or instructions for business decisions, and no advisor-client relationship is, or is intended to be, created. Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No action should be taken, delayed, or deferred based on the Content. Content is not a substitute for professional financial or business advice or a solicitation to offer financial or business advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests. You should not delay or forego seeking financial advice or disregard professional advice based on Content.
  4. General Rules of User Conduct

    1. Identifiable Information. Don’t share phone numbers, home addresses, e-mail addresses or any of identifiable personal information or that of others. Do not bully, threaten or harass users. If you are harassed in any way, please report it to the authorities immediately. We are not responsible for user actions or policing user activity. If you get questions and/or content that makes you feel uncomfortable, ignore them or report them. Please pay attention and abide by our posting guidelines. The following activities are prohibited. Accordingly you agree that you will not:
      1. Use the service for any commercial purposes (e.g., market research, advertising) unless approved in advance. If you would like to use the Site or Services for commercial purposes (advertise or conduct market research for commercial or political purposes) please contact us at info@thezipapp.com
      2. Use, reproduce, duplicate, copy, sell, resell or exploit: (a) any portion of the Site or Services; (b) your use of the Site or Services, or (c) your access to the Site or Services, in each case for any purpose other than for which the Site or Services are being provided to you;
      3. Conduct or promote any illegal activities while using the Site or Services;
      4. Upload, distribute or print anything that may be harmful to minors;
      5. Attempt to reverse engineer or jeopardize the correct functioning of the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Services;
      6. Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
      7. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
      8. Use the Site or Services to generate unsolicited email advertisements or spam;
      9. Use the Site or Services to stalk, harass or harm another individual;
      10. Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
      11. Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
      12. Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
      13. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
      14. Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
    2. SOCIAL NETWORKS. In using certain Services, you authorize us to act on your behalf to access and interact with social networking sites such as Facebook and Twitter (any such site, a “Social Site”) to retrieve information from, and/or submit information to, such Social Sites at your request. We will not collect your username and password, and we will instead store the unique authorization code (or a “token”) provided to us by the Social Site to access it on your behalf. We do collect and may store your email address, gender and birthdate from the Social Site during this process. You can revoke our access to a Social Site at any time by amending the appropriate settings from within your account settings on that site. You should note that a Social Site may change or amend its guidelines and our access to it at any time, and we cannot guarantee that our Services will always include a connection to such Social Site.
    3. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Services without notice. Such modifications may include, but is not limited to, the removal of questions that are too repetitive (including but not limited to consecutive questions issued by the same user which are similar or identical in nature), irrelevant (including but not limited to questions referencing a date or period of time that has passed), or too objective to better the user and collective community experience. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
    4. PRIVACY. We will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Site and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. Zip reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
    5. THIRD PARTY CONTENT AND OTHER WEBSITES. Content from other users, suppliers, advertisers, market researchers, and other third parties may be made available to you through the Site and/or the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Site and Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Site and/or Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Site or Services. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Site and Services may contain links to websites we operate but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, MATERIALS, OR PRACTICES OF ANY THIRD PARTY, INCLUDING OTHER MEMBERS.
  5. Premium Users

    1. QuickCodes. This Service will allow Premium Users to interact with Zip users via unique identifiers (referred to as “QuickCodes”).
    2. DISTRIBUTION. Premium users are responsible for the distribution of the assigned personalized QuickCodes. Zip is not responsible for any data, traffic or hits that may be generated by bots or fictitious accounts. Premium user panel users are discouraged from posting unique QuickCode in mediums that might result in spam or malicious traffic to the platform.
    3. OWNERSHIP. All data obtained through the use of Zip’s unique QuickCodes is property of Zip. Zip has the right to sell any data that is gathered through the use of its QuickCode functionality, and batch, funnel and target in-content ads for direct competitors and third party companies using such data at any time.
    4. PREMIUM CONDUCT. In addition, you agree:
      1. To maintain your premium account in good standing at all times. Please consult partner agreement contract for additional information;
      2. To accept any additional fee due to excessive loads and traffic to unique QuickCode channels. Please consult partner agreement contract for additional information;
      3. That Zip has the right to revoke premium user accounts, privileges and unique QuickCodes;
      4. That if QuickCode ownership is not renewed within 24 hours of QuickCode unique id expiration date, the unique QuickCode will be disassociated from your account and be available for sale;
      5. To pay any and all prices and fees due for services purchased on this site at the time you order the services or within the agreed billing schedule;
      6. To not claim or obtain QuickCode ids linked to trademarked content;
      7. Zip is not responsible for any fictitious data input into the system by its users;
      8. Zip is not responsible for any downtime caused by data traffic inside busy venues, events or heavily populated areas; and
      9. That unless requested by law enforcement authorities, the identity of all Zip users along with individuals’ responses to questions and content are unknown to Premium Users, Zip Users, Advertisers and Zip Authorized Partners.
  6. Releases, Disclaimers, and Limitations of Liability

    1. RELEASE. To the extent permitted under applicable laws, you hereby release Zip, its parent company, affiliates, subsidiaries, officers, directors and employees, from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services; (c) any loss or damage caused by Content posted on the Services or transmitted by and to users, or any interactions between users of the Services, whether online or offline; and (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Sites user or Service communications.
    2. DISCLAIMER OF WARRANTIES. THIS SITE AND SERVICES AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND SERVICES ARE PROVIDED BY ZIP “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZIP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE SERVICES, OR THE CONTENT MADE AVAILABLE THROUGH THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. We make no warranty that the Site or Services will meet your requirements, or that the Site and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site or Services, or that defects in the Site or Services will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by you from us through the Site, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.
    3. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100). WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND OTHER MEMBERS, NOR, IN ANY EVENT, WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY MEMBER. 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 AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
  7. Indemnification

      You agree to indemnify, defend and hold harmless Zip, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Site or Services, including any Content you submit thereto (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.
  8. ELECTRONIC COMMUNICATIONS

      For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
  9. GENERAL TERMS

    1. GOVERNING TERMS. You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between you and Zip will be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or your use of the Site or Services must be instituted exclusively in the federal or state courts located in San Diego, California and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.
    2. SURVIVAL. The Sections titled INDEMNIFICATION, RELEASE, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Content provided by us, Our Technology and the Services, will survive the expiration or termination of these Terms of Use for any reason.
    3. NOTICE; VIOLATIONS. We may give notice to you by email, a posting on the Site, or other reasonable means. Please report any violations of these Terms of Use to support@thezipapp.com.