PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PLATFORM.
1. Who we are and how to contact us.
(a) www.zptp.co.uk and www.zapatapp.co.uk are sites operated by ZPTP Ltd. We are a limited company registered in England and Wales under Company Number 12579484 with our registered office at 5th Floor, Aldermary House, 10-15 Queen Street, London.
(b) To contact us, please email info@zptp.co.uk; help@zptp.co.uk or contact@zapatapp.co.uk
2. By using our Platform or site you accept these terms.
(a) By using our Platform or site, you confirm that you accept these terms of use and that you agree to comply with them.
(b) If you do not agree to these terms, you must not use our Platform or site.
(c) We recommend that you print a copy of these terms for future reference. Please note that these terms may change from time to time with no further notice to you. It is your responsibility to review these from time to time.
3. There are other terms that may apply to you.
These terms of use refer to the following additional terms, which also apply to your use of our Platform:
(a) Our Privacy Policy. See further under 'how we may use your personal information.'
(b) Our Acceptable Use Policy, which sets out the permitted and prohibited uses of our Platform. When using our Platform, you must comply with this Acceptable Use Policy.
(c) Our Cookie Policy, which sets out information about the Cookies on our Platform.
4. We may make changes to these terms.
We amend these terms from time to time. Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time.
These terms were most recently updated in September 2021.
5. We may make changes to our Platform.
We may update and change our Platform from time to time to reflect changes to our product, our users' needs and our business priorities.
6. We may suspend or withdraw our Platform.
(a) We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted.
(b) We may suspend or withdraw or restrict the availability of all or any part of our Platform (site, app or otherwise) for business and operational reasons.
(c) You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
7. We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
8. Governing Jurisdiction.
(a) Our Platform is primarily directed to users and content creators residing in the United Kingdom.
(b) Users and content creators outside of the United Kingdom are thus subject to the laws of England and Wales accordingly in addition to the laws of their own domicile.
(c) We do not represent that the content available on or through our Platform (site or app) is appropriate for use or available in other locations and do not accept any liability whatsoever for such use.
9. You must keep your account details safe.
(a) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
(b) We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
(c) If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at Info@zptp.co.uk, support@zptp.co.uk, contact@zapatapp.co.uk, help@zptp.co.uk
10. How you may use material on our Platform.
(a) ZPTP is the owner of all intellectual property rights on our Platform save for such original video content where copyright vests in the original content creators (pursuant to clauses 20 and 21 of these Terms and Conditions) for which we hold a licence for use.
Terms of use includes general use, storage, production, reproduction and sharing of your content in whole or in part.
(b) When you upload or post content to our Platform, you grant us (ZPTP) and users of Zapatapp the perpetual rights to use your content in accordance with the terms and conditions applying to the Platform from time to time.
(c) Those works that are protected by copyright laws and treaties around the world. All such rights are reserved.
(d) You may print off one copy, and may download extracts, of any page(s) from our Platform policies for your personal use and you may draw the attention of others within your organisation to content posted on our Platform.
You must not modify the paper or digital copies of any ZPTP policy materials you have printed off or downloaded in any way that may compromise the content or integrity of the content, and you must not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.
(e) Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
(f) You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
(g) If you print off, copy or download any part of our Platform policies in breach of these Terms of Use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11. Do not rely on information on this site.
(a) The content posted on our Platform including by us and by our users, is provided for general information only.
(b) It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.
(c) Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
12. We are not responsible for websites we link to.
(a) Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only.
(b) Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Zapatapp relies on the user community in addition to our own internal moderation efforts to report any misuse of the Platform.
(c) We have no control over the contents of those sites or resources.
13. User-generated content is moderated but not approved by us.
(a) This Platform may include information and materials uploaded by other users of the Platform, including to bulletin boards and chat rooms.
(b) This information, comments and materials have not been verified or approved by us.
(c) The views expressed by other users on our Platform do not represent our views or values. We rely on our user community to report any misuse of the Platform or otherwise inappropriate content.
(d) The video content will be continuously monitored and moderated to flag inappropriate and illegal content and content that is otherwise harmful including but not limited to xenophobia, racism, discrimination based on sex, religion, ethnicity, sexual orientation, incitement to violence or incitement to self harm.
(e) We ask that the community assists us in the moderation process by reporting either content or users to us directly via contact@zapatapp.co.uk and support@zptp.co.uk or use our in-app report tool, as new content may be created faster than our moderation system can moderate.
(f) We ask users to avoid using insulting, offensive or inflammatory language. We request users to show respect to each other.
(g) Spam will not be tolerated and we reserve the right to remove all comments or content that do not respect or adhere to our guidelines.
`14. How to complain about content uploaded by other users.
If you wish to complain about content uploaded by other users, please contact us on contact@zapatapp.co.uk and support@zptp.co.uk
15. Our responsibility for loss or damage suffered by you whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
16. Our responsibility for loss or damage suffered by you if you are a business user:
(a) We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
(b) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(c) Use of, or inability to use, our Platform; or
(d) Use of or reliance on any content displayed on our site.
(e) In particular, we will not be liable for:
- Loss of profits, sales, business, or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation; or
- Any indirect or consequential loss or damage.
17. If you are a consumer user:
(a) Please note that we only provide our Platform for domestic and private use.
(b) You agree not to use our Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18. How we may use your personal information.
We will only use your personal information as set out in our Privacy Policy.
19. Uploading content to our site.
(a) When you use a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the content standards set out in our Acceptable Use Policy.
(b) You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
(c) This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
(d) Any content you upload to our site will be considered non-confidential and non-proprietary.
(e) You retain all of your ownership rights in your original content, but you are required to grant us and other users of our Platform a (perpetual) licence to use, store and copy that content and to distribute and make it available to third parties.
The rights you license to us are described in 'Rights you are giving us' to use material you upload [as set-out in clauses 20 and 21.]
(f) We have the right to disclose your identity to any third party claiming that any content uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
(g) We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
(h) You are solely responsible for securing and backing up your content.
(i) We do not store terrorist content or content reported to be against our Acceptable Use Policy.
20. Rights you are giving us to use material you upload.
When you upload or post content to our Platform, you grant us (ZPTP Ltd) and users of the Zapatapp Platform the following perpetual rights to use that content:
(a) To reproduce and share the content posted in whole or in part and
(b) To produce, reproduce and share content derived from or based upon the Platform content
21. Ownership and Copyright.
(a) You retain all of your ownership rights in your own content, but you are required to grant us and other users of our Platform a (perpetual) licence to use, store and copy that content and to distribute and make it available to third parties.
The rights you license to us by using out Platform are described in clause 20 above.
(b) As between the Parties, ZPTP retains sole ownership of all right, title and interest, including all intellectual property rights, in and to the Zapatapp Platform and any content not created by you specifically.
(c) Customers will not acquire any right, title or interest in or to the Zapatapp Platform or any of its content and ZPTP reserves all rights therein and thereto not expressly granted in this Agreement.
(d) You agree to respect copyright at all times and that you will only upload content (including but not limited to videos and music) that you made or that you are authorised to use.
This will be in accordance with our Moderation Policy set out in point 13 of these Terms and Conditions.
(e) You will not upload any content (including but not limited to music or videos) that you did not make, or use content belonging to another copyright owner, including but not limited to music tracks, video sequences, snippets of copyrighted programs or videos made by other users without necessary licences or other explicit authorisation.
Intellectual property and copyright violations will not be tolerated and all legal rights in respect of the same are reserved.
22. Unauthorised Use:
(a) If your copyright-protected work was posted on Zapatapp without your authorisation, you can email us a copyright infringement notification at help@zptp.co.uk and support@zptp.co.uk.
(b) If your content is disabled, you are the original uploader or an agent authorised to act on the uploader’s behalf and you believe the removal was due to a mistake or misidentification of content including fair use, you can submit a copyright counter notification at help@zptp.co.uk and support@zptp.co.uk.
(c) If you receive a content warning for copyright violation or otherwise, we reserve the right to suspend your account.
(d) Receiving a warning for copyright violation will result in a suspension of up to 90 days of your account.
(e) If your account is suspended for multiple copyright violations, the counter notification option will no longer be available to you and we may block your account permanently.
(f) Please ensure that you consider whether any exceptions such as fair use or fair dealings apply before you make a submission for takedown.
(g) These requests should be sent by the copyright owner or an authorised agent to act on the owner's behalf.
(h) To submit a takedown notice, please email us at support@zptp.co.uk with the appropriate heading stating either Copyright infringement Notification, Appearance without Permission, Abuse/Harassment, Privacy, Trademark infringement, Copyright Infringement or Other legal issue and also include:
- Who is affected (yourself, your company, your organisation or client)
- URL of the video to be removed.
- Description of the work allegedly infringed.
- For a copyright infringement notification, please provide the name to be published in place of the disabled content, your title or position, your primary email address, your full legal name, street address, telephone number and country.
(i) Note that the name that you enter as copyright owner will be published on Zapatapp instead of the disabled (removed or suspended) content.
If you can provide a valid legal alternative, such as a company name or the name of an authorised representative, we will review and apply this where appropriate.
(j) The name will become part of the public record surrounding your request, as well as the description of the work(s) allegedly infringed. All other information, including your full legal name and email address, are part of the full takedown notice, which may be given to the uploader.
(k) If you choose to submit a copyright takedown request, remember that you are starting a legal process.
23. We are not responsible for viruses and you must not introduce them.
(a) We do not guarantee that our Platform will be secure or free from bugs or viruses and we accept no liability in respect of the same or any other technological incompatibility.
(b) You are responsible for configuring your information technology and computer programmes to access our Platform. You should use your own virus protection software.
(c) You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
(d) You must not attempt to gain unauthorised access to our Platform, the server on which our site is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack (DOS) or a distributed denial-of service attack (DDOS).
(e) By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
(f) We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
24. Rules about linking to our Platform.
(a) You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
(b) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
(c) You must not establish a link to our Platform in any website that is not owned by you or otherwise authorised for use.
(d) Our Platform must not be framed on any other site, [nor may you create a link to any part of our Platform’s site other than the home page].
(e) We reserve the right to withdraw linking permission without notice.
(f) The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy
(g) If you wish to link to or make any use of content on our Platform other than that set out above, please contact us at support@zptp.co.uk
25. Which country's laws apply to any disputes?
(a) If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law.
(b) You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
(c) If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
26. Original marks of trade.
You are not permitted to use our original marks of trade without our explicit approval.
For any further information or help, please contact us directly at support@zptp.co.uk
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