Last revised on September 11, 2019
We may make changes to this Agreement and to the Service for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on , and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements, and shall govern your entire relationship with Zing, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement. Zing requires that the parents, guardian, or other authorized adult or educational institution of a minor affirmatively consent to the use of a Zing by such minor.
By using the Service, you represent and warrant that:
you are a student in the University in which you are using Zing,
you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Data: FERPA
This section applies only to those Users who access the Service in connection with classes offered by an educational agency or institution that is subject to the Family Educational Rights and Privacy Act (“FERPA”). If you are a School or School representative, Zing acknowledges that School data may include personally identifiable information from education records that are subject to FERPA. To the extent that Zing receives FERPA Records in providing the Service, you agree Zing functions as a “school official” as defined in 34 CFR § 99.31(a)(1)(i). Both parties agree to protect personally identifiable information from education records in accordance with FERPA and any applicable School policy. Zing is responsible for keeping any FERPA-protected data confidential and will not share or release this information to any outside party or company. Zing does not own, control, or license such Student Data.
4. Safety; Your Interactions with Other Users.
Though Zing strives to encourage a respectful user experience through features like opt-out of matching, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
You are solely responsible for all of your communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service. You understand that Zing checks that users are members of the university they claim they are by checking if they have a valid email address for the university, however other than that, Zing does not make any attempt to verify the statements of users of the service. Zing makes no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the service. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, particularly if you decide to meet offline or in person. Zing explicitly disclaims all liability for any act or omission of any users or third parties.
5. Rights you Grant Zing.
Zing does not own any User Content, and you understand that Zing does not control, and is not responsible for, User Content, and that by using the Service, you may be exposed to User Content from other Users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical or other inadvertent errors or inaccuracies.
STUDENT INFORMATION WILL NEVER BE RELEASED TO ANY OUTSIDE ORGANIZATION OR COMPANY. THE ONLY PERSON GRANTED ACCESS TO STUDENT INFORMATION WILL BE THE PROFESSOR WHO FACILITATES THE USE OF ZING IN THEIR CLASS(ES). THE PROFESSORS THEMSELVES WILL NOT HAVE ACCESS TO THE STUDENTS’ PERSONAL INFORMATION.
You agree that Zing may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process (excluding immigration); (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person. HOWEVER, ZING WILL NOT FUNCTION AS AN AGENT OF THE FEDERAL GOVERNMENT REGARDING ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
6. Community Rules.
By using the Service, you agree that you will not:
use the Service for any purpose that is illegal or prohibited by this Agreement.
Provide inaccurate inaccurate information about yourself
use the Service for any harmful or nefarious purpose.
use the Service in order to damage Zing.
spam, solicit money from or defraud any users.
impersonate any person or entity or post any images of another person without his or her permission.
bully, stalk, intimidate, assault, harass, mistreat or defame any person.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
Zing reserves the right to investigate and/or terminate your use of Zing if you have violated this Agreement, misused the Service or behaved in a way that Zing regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
Zing provides the service on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Zing does not represent or warrant that (a) the service will be uninterrupted, secure or error free, (b) any defects or errors in the service will be corrected, or (c) that any content or information you obtain on or through the service will be accurate.
Zing takes no responsibility for any content that you or another user or third party posts, sends or receives through the service. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk.
Zing disclaims and takes no responsibility for any conduct of you or any other user, on or off the service.
8. Limitation of Liability.
To the maximum extent permitted by applicable law, Zing and its affiliates and subsidiaries, and their respective officers and/or employees will not be liable for any direct, indirect, incidental, consequential or punitive damages, including without limitation, loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Zing has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The limitation of liability described above shall apply fully to residents of New York.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
9. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Zing, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
10. Termination of Use and Data
You may back out of the Zing service at any time by emailing firstname.lastname@example.org. We will then promptly remove you from our system.
We may terminate your use of Zing at any time without notice if we believe that you have violated this Agreement. After your use is terminated, this Agreement will terminate.
Zing will not store student data longer than needed to perform the matching for a given semester. Following the end of the academic semester, all student data will be promptly deleted from Zing’s database and system.
11. Entire Agreement; Other.