LEGAL CONTRACT AGE

You must be old enough to enter into a binding legal obligation. These Terms and Conditions are a binding Agreement between you and ZYB. By using our service you represent that you are old enough to enter into a legal obligation and are agreeing to these Terms and Conditions.

TERMS AND CONDITIONS FOR USAGE OF THE ZYB SERVICE AND WEBSITE

DESCRIPTION OF SERVICE

ZYB offers the ability to synchronise your mobile phone with a central server operated by ZYB. This synchronisation enables you a) to manage content from your phone online on zyb.com, b) to share content from your phone or PC with others and use this content to connect to people around you, and c) create a backup of the content and restore this to new phones - collectively the "Service". This Service is generally free. Some additional features, however, will be paid-for services. It will be specific and clear whenever you use a paid-for service and you will have to specifically agree to any such service. ZYB can change which services are charged for with a 30 days notice announced in a clearly visible place at zyb.com.

Even though the Service in general is free to use, all rates from your mobile operator for uploading and downloading data (contacts, calendar, pictures etc.) and sending messages still apply. It is your responsibility to check with your mobile operator to identify and evaluate these rates.

COPYRIGHT AND TRADEMARKS

ZYB respects the intellectual property of others, and we ask our users to do the same. We prohibit users from uploading data to the Service that violates another party's intellectual property rights. ZYB may, in appropriate circumstances and in its sole judgement, terminate the accounts of users who violate the intellectual property rights of others.

All the texts, designs and web pages etc. (collectively "Content") contained in the ZYB service is copyrighted as a collective work under the laws in force in Denmark, and ZYB owns a copyright in the selection, coordination, arrangement and enhancement of such Content.

The ZYB service, name and logo are trademarks of ZYB. All other trademarks that appear within the ZYB service are trademarks of their respective owners. Partners of ZYB may also have supplementary proprietary rights in the content that they offer through the service. You may not change, publish, transmit, partake in the transfer or sale, create imitative works, or in any way exploit, any of the Content, in whole or in part.

Service made available by ZYB, including any files, images incorporated in or generated by the service, and data accompanying the service (collectively, the "Service") are licensed to you by ZYB pursuant to a license agreement governing the Service. ZYB does not transfer title to the Service to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or in any other way reduce the Service to a human-readable form.

THIRD PARTY INFORMATION

The ZYB service may provide content from ZYB partners, search results or links to other web sites or resources. Because ZYB has no control over such sites and resources, you acknowledge and agree that ZYB is not responsible for the availability of such external sites or resources, and does not support and is not responsible or legally responsible for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ZYB shall not be directly or indirectly responsible or liable for any damage or loss caused or assumed to be caused by or in relation with use of or reliance on any such content, goods or services accessible on or through any such site or resource.

RESPONSIBILITY FOR USAGE AND SECURITY

By using the Service you agree to; a) maintain and protect the security of your user credentials (username and password), b) be fully responsible for all usage of your account and any actions taking place using your account, and c) that all information provided during registration or afterwards about you is accurate, current and complete.

You are responsible for your account and your password. You should therefore NEVER give your password to anyone else. If you have given out your password and account name to someone else we strongly recommend you to change your account password. Do not give your password to any ZYB staff members.

You may not (i) select or use an Identity of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a Identity that ZYB in its sole discretion, deems inappropriate or offensive.

In case you register for using the Service through any other website than zyb.com you accept and approve that the owner of that site is granted access to your account information and the content you upload. In cases where you at registration on a third-party site or after registration directly on zyb.com allow any other service or site to access your content it is your responsibility that the owner of that site or service respects this agreement. You can at any time terminate any third party access to your data by logging into your account on zyb.com.

USAGE

Once you have registered you can use the Service. You are responsible for ensuring that the information you provide using our services is legal in the country of receipt. Consequently, you are not allowed to: encourage a crime or assist anyone who encourages a crime in any way, make or distribute statements which discriminate or emphasize anyone's race, skin colour, sex, religion, ethnic origin or sexual orientation, distribute pornographic pictures or pictures which portray gross violence, force or brutality, make or distribute statements which are offensive or insulting. Using the Service you also warrant and agree that no materials submitted, transferred, uploaded or referred to using your account violates or infringes any other party's rights including copyright, trademark, privacy, publicity or contain otherwise unlawful material. If you do any of the above your account will be removed without warning of any kind.

You are solely responsible for any contact information, photos, texts, calendar events, notes, links, and any other information that you publish or upload using the Service. You are not allowed to upload any content that is not created by you or that you do not have permission to post. By publishing any content to your profile, you automatically grant, represent and warrant that you have the right to grant, to ZYB an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on the Service or in any promotion thereof. You may remove any content from your profile at any time. If you choose to remove your content, the license granted above will automatically expire, however you acknowledge that the ZYB may retain archived copies of your content.

By publishing that you know a certain person (e.g. Show people I know) you warrant that you know this person, that only first and last name is published, and that this person explicitly agrees that it is public that you know each other.

ZYB may, but is not obliged to, review any content that you have published using the Service and may remove this content from being made public in our sole discretion for any reason or no reason, including without limitation content that in the sole judgment of the ZYB violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. However, ZYB does not have access to any content (messages, contacts, calendar events, photos) that the you haven't made publicly available on your profile.

You also agree not to do the following:

• harvest or collect contact details (email addresses, names, phone numbers) of users from the Service electronic or by other means for the purposes of sending unsolicited messages (emails, SMS, calls);
• use the Service in any other manner that could damage, disable, overburden or impair the Service;
• use automated scripts to collect information from or otherwise interact with the Service
• publish any private information of any third party other than first and last name, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers;
• collect/solicit personal information from anyone under 18 or collect/solicit passwords or personally identifying information for commercial or unlawful purposes;
• create a false identity on the Service;
• enter data in fields that are not intended for that data. Example: Putting a phone number in a name field that will be public;
• make content available that, in the sole judgment of ZYB, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose ZYB or its users to any harm or liability of any type.

SPAM

ZYB will immediately terminate and delete your ZYB account if it believes that the account is being used for SPAM or unsolicited bulk messaging. ZYB will NOT tolerate SPAM (sending of unsolicited message) through SMS, MMS, EMS or email messages and/or ANY other kind of messages. You, or users of your account, are NOT permitted to send SPAM. If you do send mass SMS, MMS, EMS or email messages using your ZYB account you MUST comply with the CAN-SPAM, anti-spam legislation laid down by European Union (7(1) of Directive 2000/31/EC, by Articles 6 and 7) or any other anti spam legislation in other jurisdictions. Failure to do so will result in immediate and irrevocable termination of your account. ZYB's refund policy for accounts that are suspected of SPAMMING is VOID and NO refunds will be issued. Since penalties can be drastic, it is in your best interest to closely obey all laws and regulations.

SYSTEM MAINTENANCE

ZYB maintains computer equipment and service to ensure the highest level of service. Our scheduled database backup and system upgrade is between 1 and 1:10 AM (GMT). It is possible that some or all functions will not be available during this time.

ADVERTISERS

The ZYB service and web site may contain advertisements. By agreeing to these Terms and Conditions you agree to see these advertisements. Members that chose to contact these advertisers do so at their own risk. All such contacts takes place beyond the control of ZYB and ZYB cannot be held responsible under any circumstances for the offerings, terms and warranties provided by the advertisers. The responsibility rests entirely on the member and the advertisers.

PRIVACY

All content uploaded to the Service is your own private property. ZYB will not read, change, destroy or forward the contents of your account, unless entitled to do so by this Agreement or forced to do so by law, regulation or any extraordinary circumstance.

ZYB will not share with, sell or transfer any data or personal information provided to us through usage of the Service to any third party without prior and explicit consent.

By making content public on your profile you give an explicit consent to show the information chosen to the audience specified. Your first name, last name, age and country of origin stored in your own account profile is visible to other users by default.

It is your responsibility to ensure that making public that you know a given person (Show who you know) does not violate their privacy or any other regulations, and only happens when that person has given his explicit consent.

You also agree that the Service cannot be used to store, upload, or publish any sensitive information about yourself such as matters of race, ethnic background, religion, philosophical conviction, health, sexuality, labor union membership, criminal offences, social problems and other strictly private issues.

Like most web sites, ZYB uses cookies and web log files to track site usage. A cookie is a tiny data file which resides on your PC which allows ZYB to recognize you as a user when you return to our site using the same PC and web browser.

As an effect of standards on the web, when you visit the zyb.com we automatically receive the URL of the site from which you came and the site to which you are going when you leave ZYB. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the web), your computer operating system and type of web browser you are using, as well as the name of your ISP. This information is only used to analyze overall trends to help us improve the Service. The link between this information and your personally identifiable information is never shared with third-parties without your permission or except when required by law.

ZYB COMMUNICATION

By using this Service, ZYB may need to communicate with you via email or SMS/texts. You agree to receive messages which are specific to your account and necessary for the normal functioning of the Service, including up to five emails which help inform you about various features of the Service. Communications regarding other user's activity or requests to you can at any time be stopped under 'My Account' on zyb.com.

CLOSURE OF SERVICE

ZYB may at any time close your account if: (a) you supply misleading information at the time of registration, (b) you do not follow the terms stated in this agreement, (c) the use of your account contravenes the law or the conditions in this agreement, (d) there is reasonable suspicion that a crime has been committed, or (e) if there is a suspicion that you used your account to send SPAM. ZYB also retains the right to close the ZYB service at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or similar events.

ZYB retains the right to temporarily or permanently discontinue any specific features at its own discretion.

DISCLAIMER

The ZYB service is owned and produced by ZYB and its subsidiary and affiliate corporations, successors, and assigns.

The ZYB service is made available 'as is' and you agree to use it at your individual risk. ZYB explicitly disclaims all warranties of any kind, whether stated or implied.

Without limitation, you are not offered any warranty that the ZYB service will meet your requirements, that it will be continuously available, timely, free of errors, that the results achieved from the use of the ZYB service will be correct or reliable, or that the quality of any products, services, information, or other material achieved during the use of the ZYB service will meet your expectations.

Any material downloaded or otherwise obtained through the use of the ZYB service is done at your individual risk, and you will be individually responsible for any damage to your computer system or loss of data resulting from the use of the service.

ZYB gives no guarantees concerning the different sites and information located worldwide throughout the Internet, which you may access as a consequence of the use of the ZYB service. This also includes: the correctness, currency, content, or quality of any type of site and information, or whether any search using the ZYB service may give access to unintended and offensive content.

Please note that no advice or information obtained by you from the ZYB service personnel or through the service of the ZYB service shall generate any kind of warranty, unless it is explicitly provided in these Terms and Conditions. In no event shall ZYB's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials or products.

LEGAL RESPONSIBILITY

You specifically understand and agree that ZYB shall not be legally responsible for any direct, indirect, incidental, special, consequential or exemplary damages, including (but not restricted to) damages for loss of profits, goodwill, use, data or other intangible losses (even if ZYB has been advised of the possibility of such damages), resulting from: 1) the use or the incapability to use the ZYB service; 2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the ZYB service; 3) unauthorized access to or modification of your transmissions or data; 4) statements or behaviour of any third party on the ZYB service or within its service; or 5) any other matter relating to the ZYB service. In no occasion shall ZYB's total legal responsibility to you for all damages, losses, and causes of action go beyond the amount paid - if any - accessing the service of the ZYB service.

If, at any time you upload or post data, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to ZYB you automatically grant ZYB a universal, non-exclusive, royalty-free, perpetual license of all rights to use, edit, modify, include, incorporate, adapt, record and reproduce the data including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the data in advertising, promotion and publicity for the Site, ZYB and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms and policies and that you waive any so-called "moral rights" in and to the data.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ZYB, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including but not restricted to, attorneys fees) arising from your use of our services, your violation of the Terms and Conditions or your violation, or violation by any other user of your account, of any intellectual property or other right of any person or entity. You agree to instantly inform ZYB of any unlawful use of your account or any other breach of security of your knowledge.

TERMINATION AND MODIFICATION

You agree that ZYB, in its sole judgment, may end your account (or any part thereof) or use of the ZYB service, and eliminate and discard any Content within the ZYB service or on ZYB servers, for any reason, including, without limitation if ZYB believes that you have violated or not acted in conformity with the Terms and Conditions. Further, you agree that ZYB shall not be legally responsible to you or any third-party for any termination of your access to the ZYB service.

ZYB reserves the right to revise, change, add or remove portions of these regulations at any time and without prior notice. For that reason, we advise you to periodically visit this page to be acquainted with the Terms and Conditions regarding The ZYB service, which you are obliged to follow. Your continued use of the ZYB service following the posting of changes to these terms will imply that you accept those changes.

GOVERNING LAW

All legal matters arising from or related to the use of the ZYB service shall be interpreted in accordance with (and all questions with respect to that shall be determined by) the laws in force in Denmark applicable to contracts entered into and wholly to be performed within Denmark, unless it has been explicitly declared to the contrary somewhere else.

UPDATING THESE TERMS AND CONDITIONS

If we decide to update these Terms and Conditions, or to modify it in order to cover new services or situations, we will immediately publish those changes on this page. It is your responsibility to check this document for further changes.

RECENT UPDATES

- On July 23 2007, the sections "Usage", "Privacy", and "Description of service" were updated to reflect the launch of service allowing users to interact with eachother

This application uses the Hyves API but has not been developed, certified or otherwise approved on behalf of or on the instructions of Hyves.

On September 17, 2008, amendments made to emphasize that data charges from operator apply and that ZYB (and not operators) should be contacted for support

Copyright 2005-2008 ZYB technologies