Terms & Conditions

zaZing is a registered name and trademark of zaZing Inc.  The zaZing.com website is dedicated to providing its members the opportunity to purchase daily deals from local and national vendors.  zaZing Inc. is the owner of the zaZing.com website.  All zaZing logos, trademarks, systems, processes, legal documents, reports, etc. whether known or unknown, whether declared or undeclared found on the website or in zaZing documents and coding are owned by zaZing Inc.  zaZing Inc. reserves the right to allow the general public to view and use the services provided on zaZing.com.  Users become Members of zaZing.com after they have read, understood, agreed to the TERMS AND CONDITIONS (put forth by zaZing as reflected in this agreement) and indicated their acceptance as such by marking the ACCEPT button at the bottom of this agreement and entering the user’s desired email address.

The following TERMS AND CONDITIONS of use apply to users (hereinafter including members- as defined above - of zaZing), its website and any of zaZing’s promoted businesses or partners. By using the services of the zaZing.com website, you agree to all of the following TERMS AND CONDITIONS, including zaZing’s Payment and Privacy Policy. zaZing may change these conditions at its discretion.  It is the user’s responsibility to be aware of and check for any changes these TERMS AND CONDITIONS from time to time. It is not the responsibility of zaZing Inc. to notify users of such changes other than posting them to the zaZing.com website.  If you continue to use of the site after changes are made, it is implied that you accept those changes.  If there is any part of this agreement that you do not agree to, please refrain from using the zaZing.com website and its daily deals.

These TERMS AND CONDITIONS of Use are effective on September 15, 2010 for all users who register or otherwise provide opt-in consent on zaZing.com on or after that date.

Welcome to zaZing.com!

1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS AND CONDITIONS OF USE

zaZing ("we" or "us") provides an online portal for businesses to offer members daily deals from those businesses. zaZing works with businesses and features them to users on our web site and other media all over the world.

The Content is available for permissible viewing on or through the following (collectively, the "Properties"):

Use of  zaZing Services (including access to the Content and the purchasing of deals) is subject to compliance with these TERMS AND CONDITIONS ("Terms of Use" or "Terms") and any agreement that might accompany a zaZing application, feature or device.

It is our pleasure to provide the zaZing deals for your personal savings and benefit in accordance with these TERMS AND CONDITIONS. To access and enjoy zaZing Services, you must agree to, and follow, the terms and conditions set forth in these TERMS AND CONDITIONS. By visiting zaZing.com or using any of the zaZing Services (including accessing any Content) you are agreeing to these Terms. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at: info@zaZing.com.

2. CHANGES TO THE TERMS AND CONDITIONS BY zaZing

zaZing may amend these Terms of Use at any time by posting the amended Terms of Use on the zaZing.com Site at http://www.zaZing.com/terms. If we make a material amendment to these TERMS AND CONDITIONS, zaZing will notify all users by posting notice of the amendment on zaZing.com. Any material amendment to these TERMS AND CONDITIONS shall be effective automatically 30 days after it is initially posted, or for users who register or otherwise provide opt-in consent during this 30 day period, at the time of registration or consent, as applicable.

3. ACCESS AND USE OF THE zaZing WEBSITE AND PRODUCTS

Age and Membership Limitations. In order to purchase zaZing deals, you must be at least 18 years of age and able to agree to a legally binding contract. zaZing reserves the right to cancel, suspend, or temporarily deactivate unconfirmed or inactive members or members that violate any of these TERMS AND CONDITIONS.  zaZing reserves the right to refuse selling its products or services to anyone, for any reason, at any time.

zaZing Deals. You may only access and view the zaZing deals personally and in compliance with these TERMS AND CONDITIONS. You may not, either directly or through the use of any device, software, internet site, web-based service, or other means, remove alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on zaZing.com or any digital rights management mechanism, device, or other content protection or access control measure associated with the zaZing.com website, including geo-filtering mechanisms. You may not, either directly or through the use of any device, software, internet site, web-based service, or other means, copy or retransmit the contents of zaZing.com unless expressly permitted by zaZing in writing.

You may not create, recreate, distribute or advertise an index of any significant portion of the website unless authorized by zaZing. You may not build a business utilizing the materials from the website or other zaZing owned materials, whether or not for profit. The materials covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials (from business partners), and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the website, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by zaZing in writing.

Ownership. You agree that zaZing owns and retains all rights to zaZing.com. You further agree that the website you access and view as part of the zaZing website is owned or controlled by zaZing and zaZing’s deal partners. The zaZing website and its content are protected by copyright, trademark, and other intellectual property laws, both in the United States and Internationally.

Your Responsibilities. In order for us to keep zaZing Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use zaZing Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe zaZing Services, Content, Deals, Coupons, and embedding restrictions detailed above, and further agree that you will not access the zaZing.com Site or use zaZing Services in a way that:

If zaZing determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the zaZing.com website. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the zaZing.com website, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the zaZing.com website to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the zaZing.com website, you acknowledge that you will have caused substantial harm to zaZing and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay zaZing $75 for each such unsolicited communication you send through the zaZing website.

Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

Internet Access Charges. You are responsible for any costs you incur to access the internet.

Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by clicking info@zazing.com. It would be our pleasure to serve you.

4. ZAZING DEALS AND BILLING

It is zaZing’s mission to provide users with as many premium business choices as possible.

You can find the specific details regarding your subscription to zaZing deals at any time by clicking on Your Account or the zaZing website. You agree that your zaZing deals account is for individual use only. Additionally, you agree that for various reasons, such as restrictions from partners information and other limitations or considerations from third parties may not be available.

Because the zaZing Service is offered in multiple time zones, for consistency, a "day" for purposes of these Terms of Use begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.

Billing. By signing up for your zaZing deals, you are expressly agreeing that we are authorized to charge your account, any other fees for additional products or services you may purchase, and any applicable taxes in connection with your use of zaZing deals to the credit card or other payment method accepted by zaZing ("Payment Method") that you provided during registration and your purchasing process. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on Your Account.

Payment Method. We automatically bill your Payment Method for each deal you decide to purchase on the calendar day corresponding to the commencement of your coupon.

Very rarely, if there are special circumstances where zaZing determines it is appropriate (e.g., the zaZing deals service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at zaZing’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.  Upon completion of the transaction you, as a purchaser and member, verify that you are authorized to consummate such a transaction and agree to all the terms and conditions of this agreement as well as the specific terms and conditions as defined by each offered deal.  All sales are final.  Concerns with regards to individual products or services purchased are to be dealt with directly with the vendor from which the coupon was purchased and the product or service was to be received.   All sales are final.  Buyer beware.

Unpaid Amounts. In order to sustain the zaZing deals service, it is important that each user of the zaZing deals service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with zaZing deals. You will remain liable to zaZing for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.  zaZing and its partners will aggressively pursue abuse of the purchasing process.  By completing the coupon purchasing process all buyers agree to comply with the Terms and Conditions of this agreement as well as the Terms of each individual deal.

Promotion Codes. On occasion, we may be authorized to offer the use of zaZing deals through promotion codes for certain qualifying users. If we offer you a promotion code, the specific terms of your promotion code will be stated in the marketing material describing the particular promotion code. We are unable to accommodate combining promotion codes with any other offers. To the extent zaZing deals are offered in conjunction with purchases of, or payment for, third party products or services, you agree that zaZing will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services.

Return Policy Users of zaZing.com recognize that ZaZing acts as a broker. As a broker you recognize that when you  purchase a voucher / coupon from ZaZing, you receive a discounted price voucher/coupon that shows the value of goods or services that you can obtain from the merchant whose voucher/coupon you have purchased. ZaZing retains a commission from the money you pay to purchase the voucher/coupon, but remits the majority of your purchase price to the merchant. In this way, you are obtaining a discount by pre-paying the vendor for goods and services through the ZaZing website. ZaZing is earning a fee for providing this service to you.

When you make a purchase from ZaZing, you are agreeing to the terms of the deal as presented at the time of purchase and the TERMS AND CONDITIONS  of this Agreement. In every case, this includes not duplicating vouchers/coupons or attempting to alter, deface, or misrepresent any details or terms related to a voucher / coupon or offer.

You understand that vouchers/coupons must be used on or before the expiration date shown on the voucher/coupon.  As a User you understand that the vouchers/coupon offered on zaZing may change at any time; that only a limited number of a particular voucher/coupon may be made available, either in total or to a single customer; that a particular customer may be restricted as to the number or type of vouchers/coupons that the customer is permitted to purchase; and that other restrictions not listed here may apply to specific offers, promotions, or vouchers/coupons on the zaZing site.

You may return any voucher/coupon for a refund of your purchase price within 48 hours of your purchase as long as the voucher/coupon has not been redeemed for goods or services. After this time, zaZing will forward your voucher/coupon information and your purchase price - minus the zaZing commission - to the merchant whose voucher/coupon you have purchased. Thus, if you wish to obtain a refund for a voucher/coupon you have purchase more than 48 ours after purchase, you must contact the merchant to seek a refund. The merchant’s refund policies will then apply and you agree to consider the voucher/coupon as a gift certificate that you have purchased directly from the merchant. The merchant’s refund policies are stated as part of each voucher/coupon offer.

The zaZing commission is not refundable after the 48 hour refund period, and any refund you obtain from a merchant after that time will be reduced by the amount of the commission retained by zaZing.

5. ACCOUNTS AND REGISTRATION

We may from time to time offer various features that require registration or the creation of an account with zaZing. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any zaZing representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. You may terminate your account by logging into Your Account on zaZing.com, and choosing the "delete my account" option. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a zaZing deals subscriber you must first cancel your zaZing deals subscription before you will be able to terminate your account. Please see the section "Ongoing Subscription and Cancellation" above for instructions on how to cancel your zaZing deals subscription.

We reserve the right to immediately terminate or restrict your account or your use of the zaZing.com website or access to Content at any time, without notice or liability, if zaZing determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the zaZing.com website or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the zaZing servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

6. COLLECTION AND USE OF PERSONAL INFORMATION

For information about zaZing’s policies and practices regarding the collection and use of your personally identifiable information, please read zaZing’s Privacy Policy located at zazing.com/pages/privacy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms and Conditions, you agree that your presence on the zaZing Site and use of the zaZing.com website on any of the Properties are governed by the zaZing Privacy Policy in effect at the time of your use.  All personal information obtained from members and users will be for the sole use of zaZing and the marketing by zaZing of its partners products and services.

7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

Your posted comments. As part of the zaZing.com website, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the zaZing website enjoyable for all of our users, you must adhere to zaZing rules of ethics and good behavior.  zaZing reserves the rights to remove any comment it deems is inappropriate.

8. LINKED DESTINATIONS AND ADVERTISING

Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that zaZing operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the zaZing website, we will not warn you that you have left zaZing.com Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the zaZing.com website and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.

zaZing is not responsible for the content or practices of any website or destination other than the zaZing.com website, even if it links to the zaZing,com website and even if the website or destination is operated by a company affiliated or otherwise connected with zaZing unless the other website is wholly owned by zaZing. By using the zaZing website, you acknowledge and agree that zaZing is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the zaZing.com website.

Advertisements. zaZing takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the zaZing Services are between you and the advertiser, and you agree that zaZing is not liable for any loss or claim that you may have against an advertiser.

9. TRADEMARKS

zaZing, the zaZing logo, www.zaZing.com, and other zaZing marks, graphics, logos, scripts, and sounds are trademarks of zaZing. None of the zaZing trademarks may be copied, downloaded, or otherwise exploited.

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11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE zaZing WEBSITE, YOU AGREE THAT USE OF THE zaZing WEBSITE IS AT YOUR OWN RISK. THE zaZing WEBSITE AND THE OTHER PROPERTIES, THE CONTENT, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE WEBSITE, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, zaZing DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE zaZing WEBSITE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. IN NO EVENT SHALL zaZing OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "zaZing PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE zaZing WEBSITE (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE zaZing PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE zaZing WEBSITE OR $75 (WHICHEVER IS LESS). YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE zaZing PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE zaZing WEBSITE (INCLUDING YOUR USE OF THE CONTENT). zaZing RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material, or other material provided through the zaZing.com website, including through a link, infringes your copyright, you should notify zaZing of your infringement claim by email at info@zaZing.com.

13. GENERAL INFORMATION

International Use. We are a company based in the United States. zaZing’s goal is to bring you as many premium businesses that are available. Using technologies to access the deals from territories where zaZing does not have rights or does not offer services is prohibited.

Integration, Amendment, and Sever-ability. Please note that these Terms and Conditions, including zaZing’s Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany zaZing authorized applications, features and devices, constitute the entire legal agreement between you and zaZing and govern your use of the zaZing.com website, and completely replaces any prior agreements between you and zaZing in relation to the zaZing.com website. Except as set forth in Section 2 above, these Terms may not be amended or varied except in a writing signed by zaZing. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes, a signature or "signed" writing or written agreement may not include an electronic or digital signature. These Terms and Conditions operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed sever-able from these Terms and will not affect the validity and enforceability of any remaining provisions.

Thank you for taking the time to read these Terms and Conditions. By understanding and agreeing to follow these Terms, the experience will be better for all users. Enjoy the zaZing membership and website!