Terms & Conditions

Updated April 1, 2017

Acceptance of the Terms of Use

Welcome to Zapptitude.com (“Site”), a website and online service owned and operated by Zapptitude, Inc. (“Zapptitude”, “we,” or “us”). This page explains the terms by which you may use our service whether as a guest or registered user.

By accessing or using the Zapptitude services, website, applications and software provided through or in connection with the service, including through a mobile app or device (“Service”), you indicate that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and our Privacy Policy, found at www.zapptitude.com/privacy, whether or not you are a registered user of our Service.

Changes to the Terms of Use

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

Key Terms

“Member” means a person who completes Zapptitude’s website registration and account creation process.

“App Developer” means a business (Member) who creates an App Listing via the website Zapptitude.com.

“App Listing” means any app that is listed by an App Developer or us on Zapptitude.com and is viewable and searchable by parents on Zapptitude.com.

“ZID or Zapp ID” means any unique alias name chosen by the Members.

Eligibility

You must be more than 13 years of age to use Zapptitude. By using our website and by agreeing to these terms and conditions you warrant and represent that you are more than 13 years of age.

Zapptitude.com website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

License to Use Website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Zapptitude, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Trademarks

The Company name, “Zapptitude”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Acceptable Use

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except you may store files that are automatically cached by your Web browser for display enhancement purposes. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

Account Registration

In order to access certain features of the Site and Application, and to communicate and collaborate in the community or create a Listing, you must register to create an account (“Zapptitude Account”) and become a Member.

We will create your Zapptitude Account and your Zapptitude Account profile page for your use of the Site based upon the personal information you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

Zapptitude reserves the right to suspend or terminate your Zapptitude account and your access to the Site, Application and Services if any information provided during the registration process proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Zapptitude Account, whether or not you have authorized such activities or actions. You will immediately notify Zapptitude of any unauthorized use of your Zapptitude Account.

We may disable your user ID, password and ZID in our sole discretion without notice.

No Endorsement

Zapptitude does not endorse any Members or any Service Providers. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site.

Disclaimer of Warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, it’s content and any services or items obtained through the website are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without foregoing, neither the Company nor anyone associated with the Company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

Limitations and Exclusions of Liability

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any loss or corruption of any data, database or software.

In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by breach of contract or otherwise, even if foreseeable.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use including, but not limited to, your User Contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from third party apps listed on our site.

Breaches of these Terms and Conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Exclusion of Third Party Rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Governing Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with governing law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of jurisdiction.

Entire Agreement

These terms and conditions together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Our Details

The full name of our company is Zapptitude. If you have any questions about these Terms please contact Zapptitude at admin@Zapptitude.com.