Beta Membership Terms and Conditions of Service (TACOS)


Welcome to Zymge! Zymge is a media platform that allows you to seamlessly update the profile image of one or more social media platforms at the same time or automates this process for you.

These terms and conditions (“terms” “agreement”) outline your rights and responsibilities as a user of Zymge (“you” “your”) and Zymge’s (“Zymge” “it”) rights and responsibilities as a service provider. These terms govern your use of the services provided by Zymge including submitting your own content to Zymge, applying content available from Zymge to your Zymge collection and updating your accounts on other social media platforms via your Zymge account (“services”). By using Zymge’s services, you agree to be bound by the terms and conditions of this agreement.

Effective Date: 11 March 2015.

Using Zymge

As a Zymge user, you may update your Zymge collection and your profile picture on authorized third-party sites (“Target Services”) with a variety of content. This content may include images submitted by you; images to which you provide access, such as in a Flickr account; images provided by Zymge; images submitted by other users; images made available by third-parties, and images, icons, trademarks, badges, ribbons, or other material made available on Zymge and designed to overlay existing images (collectively “content”).

Zymge offers three types of content, Static, Evolving and Dynamic. Static content consists of individual images. When you apply Static content to a Target Service, Zymge will update your Target Service profile with a single image. Evolving content consists of a series of images used collectively as a group of single images that change periodically. When you apply Evolving content to a Target Service, Zymge will update your Target Service profile periodically with an image from the series of images in the selected Evolving content. Dynamic content is based upon a stream of data visually displayed on the icon as an overlay or via icon behavior, such as a color change or image rotation. When you apply Dynamic content to a Target Service, Zymge will update your Target Service profile based upon the relevant data stream connected to the chosen Dynamic content. The data in Dynamic content is provided by third-parties and will change as the data is updated, not on a set schedule.

Content provided by third-parties may have additional terms and conditions for use. These additional terms and conditions must be accepted before the content may be added to your Zymge collection. The existence of additional terms and conditions will be clearly indicated in the content preview and details on the terms or a link to the terms will be provided.

Beta Users

The Beta membership is provided free of charge. In order to use your Zymge Beta invite, you must create a Zymge account. Once you have a Beta account, you may access all user portions of Zymge’s services, including Static, Evolving and Dynamic content, and the ability to upload a limited number of your own content items. You may also authorize Zymge to add a limited amount of content to your collection from images stored with third-parties.

You understand and agree that the Beta membership is provided only for a limited time in order to help Zymge better understand its customers’ needs. Zymge may terminate your Beta membership at any time in its sole discretion. At the end of the Beta trial, Zymge will offer different membership options. Your Beta membership will switch automatically to a non-fee membership. You may, if you choose, upgrade your account to another membership with payment of the appropriate fee.

As a Beta user, you agree to provide feedback to Zymge in exchange for access to the Zymge service. Feedback may be submitted via the feedback mechanism on the service, and Zymge may request feedback from time to time by electronic communications.

User Information and Privacy

You may use Zymge’s services only if you can form a binding contract with Zymge. If you are creating a Zymge account for a company, organization or other entity, you warrant that you are authorized to accept these terms on that entity’s behalf.

In order to use Zymge’s profile and avatar-updating services, you must provide your login information for third-party Target Services. Zymge will only access your Target Service accounts to perform the services requested by you. You understand and agree that by providing your login information to Zymge you are authorizing Zymge to access your accounts on these third-party Target Services. By providing this information to Zymge, you are authenticating these accounts and confirming to Zymge that they are your accounts, not your mother’s, sister’s, brother’s, a stranger’s or anyone else’s. Do not provide login information to Zymge for any accounts that are not your own.

Data Privacy

In addition to third-party login information, Zymge may also collect your name, contact information, and Zymge login information.. Zymge uses this information in order to provide the Zymge service to you and communicate with you about Zymge and your account. All information collected by Zymge is held in compliance with the UK Data Protection Act of 1998. By accepting these terms, you acknowledge and consent to Zymge storing your personal data in the United States with a company in compliance with the U.S.-EU Safe Harbor Framework.

Zymge works with independent developers and may, from time to time, work with other independent third-parties. Zymge limits access to your personal information to only those parties who reasonably need such information in order to keep Zymge services running smoothly and delivering those services to you. Zymge uses a third-party credit card processor and therefore does not collect or maintain any credit card information. In the event that Zymge is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction.

Minors

Zymge account holders must be at least 13 years of age. Minors who wish to use Zymge’s services must have permission from their legal guardian and their legal guardian’s agreement to accept these terms and conditions on the minor’s behalf. As a legal guardian, you are responsible for ensuring that any minors under your control use Zymge in compliance with these terms and conditions. Remember that it is your responsibility to determine whether content or services are appropriate for your child.

User Content

Licence Grant

You may submit content to Zymge by uploading images to your collection or by granting Zymge access to images stored elsewhere, such as on a Flickr account. You maintain the rights to and ownership of any content you submit to Zymge. You understand and agree that by submitting content to Zymge you grant Zymge a non-exclusive, worldwide, royalty-free, sublicensable licence to reproduce, distribute, modify, publicly display and publicly perform that content until you remove that content from your Zymge account or your Zymge account is terminated. This allows Zymge to share your content with other Zymge users and the Target Services you have authorized.

Responsibilities

Zymge does not monitor or review user submitted content. You agree that you will not submit any content to Zymge that infringes someone else’s copyright or trademark rights or otherwise violates the law; this includes child pornography laws. Use your judgment when adding content to your Zymge collection. You agree to ensure that any content you request Zymge share on your behalf with any Target Services also complies with the terms and conditions for those sites. For example, if you request Zymge to update your Twitter avatar with content from your Zymge account, you are responsible for ensuring that the content complies with Twitter’s Terms of Service.

Zymge reserves the right to remove content from your account or disable access to content stored on a third-party site for suspected copyright or trademark infringement. Zymge also reserves the right to terminate your account for repeated infringement. If you believe your content has been mistakenly removed, please contact us in writing via the email address below, Attention: Copyright Agent. Include the following information in your writing: 1. Your physical or electronic signature. 2. Identification of the material that has been removed and the location where it was before it was removed. 3. A statement under penalty of perjury that you have a good faith belief that the removal was a mistake. 4. Your name, address, telephone number and email. 5. If you are a US user, a statement that you submit to the jurisdiction of the Federal District Court in which you reside. 6. A statement that you will accept service of process from the person who notified Zymge of the alleged infringement or that person’s agent.

Copyright and Trademark Infringement Notifications

To notify Zymge of copyright or trademark infringement, please contact us in writing via the email address below, Attention: Copyright Agent. Include the following information in your writing: 1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner. 2. Identification of the work claimed to be infringed. 3. Identification of the material claimed to be infringing. 4. Information reasonably sufficient to permit Zymge to locate the material. 5. Contact information for yourself including post address, phone number and email address. 6. A statement that you have a good faith belief that the material at issue is being used in a manner not authorized by the copyright owner, its agent or the law. 7. A statement that the information included in the notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of the right that is allegedly infringed.

Trademark Usage

Third-Party Trademarks

Some features of Zymge may allow you to use third-party trademarks in conjunction with your Zymge profile. You understand that use of these trademarks is limited to the purposes for which those third-parties made their trademarks available to the Zymge service. You do not have permission to alter or modify those trademarks in anyway. You do not have permission to use those trademarks outside of the Zymge service, except as updated by Zymge on authorized Target services. Your use of those trademarks does not imply endorsement of you or your content by the trademark owners or Zymge. All non-Zymge trademarks that appear on the Zymge site or are available through Zymge’s services are property of their respective owners.

Zymge’s Trademarks

“Zymge”, “Zymge Ltd and the dragonfly logo are the property of trademarks of Alderman Ltd. and may not be modified by you or used by you other than to refer to Zymge’s services. Zymge’s trademarks may not be used in connection with any service or content not provided by Zymge.

Termination

Termination by User

You can end this agreement at any time by terminating your account with Zymge.

Termination by Zymge

Zymge can terminate this agreement by terminating your account. Your account may be terminated, your services interrupted or content removed from your collection by Zymge at any time for any reason, including violation of this agreement or your creation of risk or legal exposure to Zymge. You agree that Zymge will not be liable to you or any third-party for removal of content or any interruption or termination of services.

Warranty

Zymge endeavors to provide the best service it can, but may not always be able to keep the service up and bug-free due to any number of issues, including but not limited to illness, acts of God or zombie invasions. You understand and agree that the Zymge service is provided “as is”, without express or implied warranty or condition of any kind. You use Zymge at your own risk. Zymge disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement. Zymge does not guarantee that the service will always be safe, secure or error-free. Zymge also does not warrant, endorse, guarantee or assume responsibility for any third-party content, user content, or any other product or service advertised or offered by a third-party on or through the Zymge service. No advice or information whether oral or in writing obtained by you from Zymge shall create any warranty on behalf of Zymge. Some aspects of this section may not apply in some jurisdictions.

Limitation of Liability

To the fullest extent permitted by law, Zymge will not be liable to you for any damages to you arising out of your use of the services. This includes any direct, indirect, incidental, exemplary, consequential or punitive damages. For example, Zymge will not be liable to you for loss of profits, goodwill or use data arising out of your use of Zymge’s services. The limitations of this section apply to any theory of liability whether or not Zymge has been advised of the possibility of such damage.

In no case does this limitation apply to Zymge’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence.

The laws of some countries do not allow limiting liability in contracts. If such laws apply to you, you may have additional rights.

Entire Agreement

This agreement is the entire agreement of terms and conditions between you and Zymge. This agreement supersedes and replaces any previous agreements, oral or written. You agree that you have not accepted the terms of this agreement based on any other representations made by Zymge that are not in this agreement.

Severability

If any provision of this agreement is deemed invalid or unenforceable for any reason, that provision will not affect the enforceability of the remainder of the agreement. The remaining provisions of this agreement will be enforced to the extent permitted by law.

Applicable Law

This agreement is governed by and construed in accordance with the laws of England and Wales.

Changes to Terms and Conditions

Zymge will occasionally make changes to the service and this agreement. When Zymge makes changes to its agreements with you, it will post changes on the site. You agree that by continuing to use the service, you acknowledge and accept the changes. Zymge may, when circumstances permit, post the terms before they go into effect and allow users to comment on proposed changes.

Contact Information

Zymge Ltd. may be contacted at Zymge, TechHub London, 4-5 Bonhill Street, London, EC2A 4BX, UK.

By Email: partners AT zymge DOT com

By Carrier Pigeon: Write message on small piece of paper. Tie paper to pigeon’s leg. Release pigeon towards the UK. Please note that Zymge makes no guarantees that it will recognize your carrier pigeon among the normal pigeons and may not receive your message in a timely fashion. Zymge encourages you to try one of the above methods of contact before using a carrier pigeon.

No pigeons were harmed in the making of these Terms.