Terms of Service
We (the folks at Symmetric Infinity) run a push notification service called ZeroPush.com and would love for you to use it. Our basic service is free, and we offer tiered upgrades for advanced features and/or higher API quotas. Our service is designed to give you as much flexibility as possible. However, be responsible in how you use it. In particular, make sure that you follow Apple's guidelines concerning push notification frequency and content.
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Symmetric Infinity, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your ZeroPush.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Symmetric Infinity of any unauthorized uses of your account or any other breaches of security. Symmetric Infinity will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Payment and Renewal.
Optional paid plans are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Symmetric Infinity the monthly or annual subscription fees indicated for that plan. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify Symmetric Infinity before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site's dashboard.
- General Terms.
- Responsibility of Website Users. Symmetric Infinity does not review any of the material sent through the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Symmetric Infinity does not represent or imply that it endorses the material there sent, or that it believes such material to be accurate, useful or non-harmful. The Website may forward content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also forward material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Symmetric Infinity disclaims any responsibility for any harm resulting from the use by users of the Website, or from any downloading by those users of content there sent.
- Intellectual Property. This Agreement does not transfer from Symmetric Infinity to you any Symmetric Infinity or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Symmetric Infinity. Symmetric Infinity, ZeroPush, ZeroPush.com, the ZeroPush.com logo, and all other trademarks, service marks, graphics and logos used in connection with ZeroPush.com, or the Website are trademarks or registered trademarks of Symmetric Infinity or Symmetric Infinity's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Symmetric Infinity or third-party trademarks.
Symmetric Infinity reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Symmetric Infinity may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Symmetric Infinity may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ZeroPush.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Symmetric Infinity and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Symmetric Infinity nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Symmetric Infinity, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Symmetric Infinity under this agreement during the twelve (12) month period prior to the cause of action. Symmetric Infinity shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Symmetric Infinity, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Symmetric Infinity and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Symmetric Infinity, or by the posting by Symmetric Infinity of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New Castle County, Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Philadelphia, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Symmetric Infinity may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- July 15, 2013: Initial publication