Please read the following...
EULA: ZapThatZit End User License Agreement
Please read carefully before installing! ZapThatZit is licensed, not sold, to you ( “You” or “Your”) for use only under the terms of this license. This End User License Agreement( “EULA” )is a binding agreement between you ( “YOU,” “YOUR,” or “YOURSELF”) and Zonersplace, Inc (“Zonersplace,” “We,” “Us,” or “Our”). This EULA governs your use of the ZapThatZit ( “ZapThatZit” ). Definitions EULA means this End User License Agreement. You and Your shall mean you. ZapThatZit shall mean the utility application ZapThatZit, related documentation, and any updates and upgrades that replace or supplement the application in any respect. Acknowledgement By downloading, installing, copying or otherwise using ZapThatZit you agree to the terms of this EULA and agree to be bound by it. This EULA is updated from time to time and the current version will be posted at www.zapthatzit.com/eula. ZapThatZit is being licensed to you and you hereby acknowledge that no title or ownership in ZapThatZit is being transferred or assigned and this EULA shall not be construed as a sale of any rights in ZapThatZit. You may direct complaints, claims or questions to sales@zonersplace.com or Zonersplace, Inc., 660 4th Street, #184, San Francisco, CA 94107. If you are using ZapThatZit on an Android product, you agree to and acknowledge the “Notice Regarding Android/Google,” below. Scope of License This license granted to You for ZapThatZit is limited to a nontransferable license to use ZapThatZit on any Android device that You own or control and a permitted by the Usage Rules set forth in the Google Play Store Terms of Service. This license does not allow You to use ZapThatZit on any mobile device, You do not own or control. You agree not to distribute, sell, lease, rent, loan or otherwise transfer or assign ZapThatZit, or any copies of ZapThatZit. You agree not to copy, reproduced, decompile, disassemble, modify, derive source code from or reverse engineer, in whole or in part, ZapThatZit, or to prepare derivative works based on ZapThatZit without the press prior permission of Zonersplace. You agree not to remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels in ZapThatZit. You agree not to transport, export or re-export into any country that may result in a violation of local import/export laws or regulations. Seizure Warning In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a monitor or screen may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Further Restrictions You further agree to not use ZapThatZit to do the following: I. Use ZapThatZit while driving or operating machinery that is dangerous and capable of injury or fatality. II. Infringes any patent, trademark, trade secret, copyright or proprietary rights of any party. III. Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed, intended or likely to interrupt, destroy or limit the functionality of any computer software or hardware or any telecommunications equipment. IV. Interfere with or disrupt or circumvent ZapThatZit. V. Intentionally or unintentionally violate any applicable local, state, national or international law, including laws related to any regulations, requirements, procedures or policies in force from time to time relating to ZapThatZit. VI. Endanger yourself or others and impair your mental ability to function physically, psychologically and socially. Health and Safety and Precautions. Please read this before you or anyone uses this app! This app may contain flashing lights and graphic simulations. Some people experience side effects such as motion sickness or nausea when viewing certain types of flashing lights or patterns including viewing graphic animations. This may happen where a person has not previously suffered in this way and have no known symptoms or history of side effects. If you or anyone considering using this app suffers in this way, has a condition, which makes this possible or has experienced similiar symptoms, please consult a doctor before using this app. If you or they are already using the app, please stop and consult a doctor. If you, your child or anyone in your care experience dizziness, altered vision, eye or muscle twitching, involuntary movements, burning, scarring, tingling, paralysis, loss of awareness, disorientation or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor. If you or any part of you feels tired, fatigue or discomfort whilst using this app please stop and rest. If it continues after you stop using the app please consult a doctor. If you have suffered or suffer from an injury using this app can aggravate it. PLEASE DO NOT: use this app if you are photosensitive or feel sick, tired, fatigue or discomfort or are under the influence of alcohol, drugs or hung-over; DO NOT use the app while operating or in a moving vehicle or device such as a car, scooter, jeep, tank, truck, bus, train, motorcyle, moped, recreational vehicle, dune buggy, go kart, all-terrain vehicle, humvee including amusement park rides, airplanes, helicopters, hot air balloons, segways, tricyle, bicycle, unicycle, skateboards, hoverboards, surfboard, boat, canoe, kayak, raft, windsurfing, parachute, submarine, jet skis, water ski, kite, zip-line, hang glider, para glider, glider aircraft, parasail, skis, snowboard, roller skate, skate, ice skate, inline skate. Medical Advice and Treatment Zonersplace does not provide medical advice, diagnosis or treatment. You acknowledge and agree that ZapThatZit is merely a utility app for charging mobile devices. You further acknowledge and agree that Zonersplace does not provide any medical treatment through ZapThatZit and no results obtained through ZapThatZit can be construed or used. The use of all ZapThatZit, all text, software, scripts, code, designs, applications, interactive features, graphics, images, visual content and other materials and its effects on your conduct, mental, physical, biological, psychological, social status and medical treatment is solely your responsibility. Maintenance and Support Zonersplace may require that YOU download and install updates to ZapThatZit from time to time. YOU acknowledge and agree that Zonersplace may update ZapThatZit with or without notifying YOU and add or remove features of functions to ZapThatZit any time in its sole discretion. YOU acknowledge and agree that Zonersplace has no obligation to make ZapThatZit available to YOU, make any subsequent versions of ZapThatZit available to YOU or to continue to support ZapThatZit in any way. YOU acknowledge that YOUR access to ZapThatZit may not be continuous, features may change during YOUR use of ZapThatZit, and Zonersplace may terminate YOUR access to ZapThatZit or stop offering ZapThatZit at any time pursuant to the time-of-use (“TOU”). Trademarks Trademarks, service marks, graphics and logos used in connection with ZapThatZit are the trademarks of their respective ownders, Zonersplace and the trademarks related to ZapThatZit are the trademarks of Zonersplace. You are not granted any right or license with respect to any of the trademarks mentioned above and any use of such trademarks. Copyright Infringement Zonersplace respects copyright and other laws. Zonersplace requires all ZapThatZit users to comply with copyright and other laws. Zonersplace does not, by the supply of ZapThatZit, authorize you to infringe the copyright or other rights of third parties. As a condition to use ZapThatZit, you agree that you must not use ZapThatZit to infringe upon the intellectual property or other rights of others in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright. You are entirely responsible for your conduct and for ensuring that it complies with all applicable copyright and data-protection laws. In the event you fail to comply with laws regarding copyrights or other intellectual property rights, data protection and privacy, you may be exposed to civil and criminal liability, including possible fines and jail time. Ownership and Title All title to and the rights in ZapThatZit, including ownership rights to patents (registrations, renewals and pending applications), copyrights, trademarks, service marks, domain names, trade dress, trade secrets.For Zonersplace, any derivatives of and all goodwill associated with the foregoing is the exclusive property of Zonersplace. Warranty NO WARRANTY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZAPTHATZIT IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, AND Zonersplace HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU USE IS AT YOUR SOLE RISK. Zonersplace does not warrant the performance of ZapThatZit on your specific Personal Device. Zonersplace does not warrant that ZapThatZit will run permanently or uninterrupted on your Personal Device. Zonersplace does not warrant against interference with your enjoyment of ZapThatZit; that ZapThatZit will be uninterrupted, virus-free or error-free, or that ZapThatZit will be compatible with third party software or that any errors in ZapThatZit will be corrected. Zonersplace is not liable for delays or difficulties that are due to circumstances beyond its control. You acknowledge and agree that your exclusive remedy for any dispute with Zonersplace, Inc, is to stop using ZapThatZit. Intellectual Property Rights Zonersplace retains all rights, titles and interest in and to the original and any copies of ZapThatZit, related information, improvements enhancements or derivatives thereto and ownership of all intellectual property and proprietary rights recognized anywhere in the world pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of Zonersplace. ZapThatZit and related written materials are protected by the copyright and patent laws of the United States and international copyright and patent treaties. You shall not be an owner of any copies of, or have any interest in ZapThatZit that may be provided, documentation, or other information. Applicable Law You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposed prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons. The Licensed Application and related documentation are “Commercial Items”, as that tern is defined at The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. NOTICE REGARDING GOOGLE. You acknowledge that this EULA is between YOU and Zonersplace only, not with Google, and Google is not responsible for ZapThatZit and the content thereof. Google has no obligation whatsoever to furnish any maintenance and support services with respect to ZapThatZit. In the event of any failure of ZapThatZit to conform to any applicable warranty, then you may notify Google and Google will refund the purchase price for the relevant mobile app to you; and, to the maximum extent permitted by applicable law, Google has no other warranty obligation whatsoever with respect to ZapThatZit. Google is not responsible for addressing any claims by you or any third party relating to ZapThatZit or your possession and/or use to ZapThatZit. Google is not responsible for addressing any claims by you or any third party relating to ZapThatZit or your possession and/or use of ZapThatZit, including, but not limited to: (i) product liability claims; (ii) any claim that ZapThatZit fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Google is not responsible for the investigation, defense, settlement and discharge of any third party claim that your possession and use of ZapThatZit infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using ZapThatZit. Google, and Google’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.Upates in this version: None as of January 17,2021