1. TERMS AND CONDITIONS

(a) These Terms & Conditions form a legally binding contract between yourself (“you” or “user”) and ZYB ApS, Esromgade 15, 1-1, 2200 Copenhagen N, Company Registration No. (CVR) 29395888,, Denmark and its affiliates (“ZYB”, “us” or “we”). By using the ZYB service and network (the “Service”), you agree to be bound by these Terms and Conditions.

(b) We may modify these Terms and Conditions from time to time and such modification will be effective from when we publish those changes on this page. It is your responsibility to check this document for further changes. Your continuing use of the Service constitutes your acceptance of any new Terms and Conditions.

2. ELIGIBILITY

The Service may not be suitable for persons aged under 14. ZYB reserves the right to restrict or suspend access to the Service without warning if we consider that you are under 14 years old.

3. FEES

(a) Unless expressly identified, this Service is free. You will be notified whenever you are about to use a paid-for service, and you will be required to agree to any such service prior to incurring any charges. ZYB may, at any time, change which Services are provided free and which Services may incur a fee.

(b) Even though the Service is free to use (unless identified otherwise), your mobile operator may charge for uploading and downloading data and sending messages from your mobile phone. It is your responsibility to check with your mobile operator to identify and evaluate these rates. We recommend you have an unlimited data tariff- please contact your mobile operator for more information.

4. ACCOUNT USAGE AND SECURITY

(a) Account security

By using the Service you agree:

1. that all information provided during registration is accurate, current and complete;
2. to maintain and protect the security of your user credentials (such as username and password); and
3. to be fully responsible for all use of your account and any actions that takes place using your account.

(b) Account information

You may not use:

1. an identity of another person with the intent to impersonate that person;
2. a name subject to the rights of any other person without authorization; or
3. an identity that ZYB, in its sole discretion, deems inappropriate or offensive.

You are responsible for ensuring that the information you provide in setting up your account is accurate and correct.

5. THE SERVICE

The Service allows you access to the ZYB website available at www.zyb.com (the “Website”). You acknowledge that we may establish procedures and restrictions on use of the Service, and agree that we remove or substantially modify any aspect of the Service at any time. We will try and provide you with as much notice as possible of changes. You agree that ZYB has no responsibility or liability for the deletion or failure to store any of Your Content (as defined below) or other any other content maintained or transmitted by the Service.

The Website may feature the following services:

(a) Social networking

The service is for your phone, PC, and Mac* and keeps you in sync with your friends. It allows you to connect your mobile phone address book with other internet-based address books. The service will enable you to share status updates, contact details, photos and other personal information with your contacts.

(b) Mobile phone content

The Service includes certain services that are available in conjunction with your mobile phone, including:

1. synchronising your mobile phone with a central server operated by ZYB;
2. uploading content (including contacts and SMS’) to ZYB from your mobile phone,
3. share content from your phone with other users;
4. the ability to browse ZYB from your mobile phone; and
5. send free SMS per month from the Website, up to the number of SMS stated on the Website:

(A) to contacts in your address book which are also a registered user of ZYB and connected to you (only available to customers in certain countries); or

(B) to any contacts in your address book (only available to customers in certain European countries).

(c) ZYB mail

The Service includes access to ZYB mail, which allows:

1. you to get your personal ZYB mail address;
2. email aggregation. By enabling aggregation you authorise ZYB to aggregate your emails from external email service provider accounts into ZYB mail;
3. large storage space for your emails so you hopefully never again need to delete your messages due to your mailbox being full (subject to fair use restrictions as determined solely by ZYB);
4. over-the-air configuration of the native email client of your mobile phone with ZYB mail settings. To use this functionality your phone and operator must be supported by ZYB for over-the-air configuration purposes- your mobile operator may charge for this);
5. other standard functionalities of web based email services, such as sending and receiving email, setting up auto-replies, rich text formatting and threaded conversation view option;
6. fast search of your emails, enabled by automatic indexing of your messages once they enter the system; and
7. an anti-spam and anti-virus functionality to help prevent unwanted emails.

6. USE OF THE SERVICE

(a) User conduct

You agree to comply with any requirements on you in our Privacy Statement and in the ZYB Community Guidelines.

You are solely responsible for any content, data or other information that you publish or upload using the Service.

By publishing that you know an individual, 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. In particular, please note the requirements concerning respect for other people’s privacy in our Privacy Statement.

(b) Prohibited Activities

You agree that, in using the Service, you will not:

1. behave in a way which contravenes the ZYB Community Guidelines;
2. impersonate another person or entity, use as fake identity, or falsely misrepresent yourself, your age or your affiliation with any person or entity;
3. misrepresent your intentions and purposes in order to glean information from ZYB users under false pretences;
4. upload or distribute any content that is not created by you or that you do not have permission to post;
5. upload or distribute content which we consider to be harmful, threatening, unlawful, defamatory or invasive of privacy or publicity rights;
6. upload or distribute pornographic pictures or pictures which portray gross violence, force or brutality;
7. make or distribute statements which discriminate anyone's race, skin colour, sex, religion, ethnic origin or sexual orientation;
8. make or distribute statements or comments which are offensive or insulting;
9. encourage a crime or assist anyone who encourages a crime in any way;
10. send spam or any unsolicited communications for marketing or advertising purposes, or which encourage the viewing or access to illegal content or content of a sexually explicit nature;
11. harvest or collect personal details of users from the Service for the purpose of making unsolicited contact for commercial or unlawful purposes;
12. use the Service in any other manner that could damage, disable, overburden or impair the Service;
13. use tools to automate friend invitations and note/comment posting;
14. use automated scripts to collect information from or otherwise interact with the Service;
15. send, initiate or distribute viruses, worms or trojans;
16. conduct bulk downloads of content from the Service
17. 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,
collectively, (“Prohibited Activities”).

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:

1. if you engage in Prohibited Activities; or
2. content which we consider violates these Terms and Conditions (including the Privacy Statement or the ZYB Community Guidelines), or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.

7. INTELLECTUAL PROPERTY

(a) Your intellectual property rights

1. Registered ZYB users may upload content or post data (including but not limited to content on your profile, comments, suggestions, problem reports or bug reports, or any submissions of design ideas to ZYB) (“Your Content”) and ZYB acknowledges that that it does not own Your Content. By making Your Content available to other users you agree to allow users of ZYB to view and transmit Your Content on or through the ZYB website or other electronic communication (including but not limited to mobile phones).
2. If, at any time you upload, post or modify Your Content you automatically grant ZYB an irrevocable, worldwide, non-exclusive, transferable, royalty-free, perpetual license (with the right to sublicense) of all rights to use, copy, edit, modify, include, incorporate, adapt, publicly perform, publicly display, record, reformat, translate, reproduce and excerpt (in whole or in part) Your Content for ZYB’s use in connection with providing the Service.
3. You may remove Your Content (or any part thereof) 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 for a reasonable period of time.

(b) Other user’s intellectual property rights

1. You are prohibited from uploading content or data to the Service that violates another party's intellectual property rights.
2. In using the Service you warrant that no materials submitted, transferred, uploaded or referred to using your account (including without limitation Your Content) violates or infringes any other party's rights including copyright, trademark, privacy, publicity or contain otherwise unlawful material.
3. ZYB may, in appropriate circumstances and at its sole discretion, suspend or terminate the accounts of users who violate the intellectual property rights of others.

1. The Website is exclusively owned by us. We grant you a personal, non-exclusive and non-transferable right to access the ZYB website and use the Service on these Terms and Conditions. All content on the Website (except for Your Content) including the text, logos, features, functionalities, images, information, data, graphics, design and other material and software (collectively "ZYB Content") is the property of ZYB, its parents, its affiliates and their licensors and is protected by copyrights, trade marks, trade secrets or other proprietary rights and is subject to applicable laws and regulations.
2. The ZYB Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without the prior written consent of ZYB.
3. You agree not to use or exploit the ZYB Content in any manner inconsistent with any of the rights granted or restrictions set forth herein. All rights not expressly granted in these Terms and Conditions are reserved to ZYB and its licensors.

(a) The Service may contain links to other websites and content belonging to or originating from third parties (“Third Party Information”). Such Third Party Information is not investigated or monitored by us, and you agree that ZYB is not responsible for the availability of such external sites or resources, and does not support and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources.

(b) 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.

9. YOUR INFORMATION

You agree that, in the event that the assets or shares of our company is sold or transferred to a third party, any information provided by you in connection with the Service may be transferred to such third party. Please see our Privacy Statement for further details concerning treatment and disclosure of your information.

10. SPAM

You are not permitted to send spam or any unsolicited communications for direct marketing or advertising purposes, or which encourage the viewing or access to illegal content or content of a sexually explicit nature.

10. 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.

11. ADVERTISERS

The Service and web site may contain third party advertisements (“Advertisers”). Members that chose to contact Advertisers do so at their own risk. All such contacts takes place beyond the control of ZYB and ZYB is not responsible under any circumstances for the offerings, terms and warranties provided by Advertisers.

12. PRIVACY

We care about the privacy of our users. By using the Service, you agree to comply with any requirements on you in our Privacy Statement which are incorporated into these Terms and Conditions by this reference.

13. ZYB COMMUNICATION

By using this Service, ZYB may communicate with you via email or SMS/texts. For how to manage your privacy preferences in respect of contact for marketing purposes, please see the Privacy Statement. You also agree to receive messages which are specific to your account and necessary for the normal functioning of the Service.

14. SUSPENSION OF THE SERVICE

(a) ZYB may, at any time and without notice suspend or terminate access to your account or the Service if:

1. you supply misleading information at the time of registration;
2. you engage, or we have reason to believe you are have engaged in, Prohibited Activities;
3. you do not comply with these Terms and Conditions (including any requirements on you in our Privacy Statement and the ZYB Community Guidelines);
4. use of your account contravenes the law or these Terms and Conditions;
5. ZYB has reason to believe that your account is being used illegally;
6. a crime has been committed using your account; or
7. if we suspect that you used your account to send SPAM.

(b) ZYB may, at any time and without notice, either temporarily or permanently suspend the Service.

(c) If we suspend or terminate the Service:

1. you may be prevented from accessing the Service, Your Content, ZYB’s Content or any other data associated with your use of the Service; and
2. we may eliminate and discard any of Your Content within the Service or stored on ZYB servers.

15. DISCLAIMERS

(a) ZYB is not responsible for Your Content or Third Party Information. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter using the Service, or in connection with any content provided by a third party or Third Party Information. ZYB is not responsible for the behaviour of any user of the Service or Website.

(b) The 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. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services or the Website except to the extent that they are expressly set out in these Terms and Conditions or those which may not be excluded by law.

(c) ZYB makes no warranties or representations that:

1. your use of the Service will meet your requirements;
2. your use of the Service will be continuously available, uninterrupted, timely, secure or free from error;
3. any information obtained by you as a result of your use of the Services will be accurate or reliable, or
4. the quality of any products, services or information accessed during sue of the Service will meet your expectations; or
5. defects in the operation or functionality of any Services provided to you as part of the Services will be corrected.

(d) Nothing in the Terms shall affect those statutory rights which you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

We are not responsible for and make no warranties (whether express or implied) as to Your Content or Third Party Information or accuracy or reliability of the same.
Any material downloaded or otherwise obtained through the use of the Service is done at your individual risk, and you we are not responsible for any damage to your computer system or loss of data (including Your Content) resulting from the use of 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 Service. This also includes: the correctness, currency, content, or quality of any type of site and information, or whether any search using the Service may give access to unintended and offensive content.
Please note that no advice or information obtained by you from the Service personnel or through the service of the 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.

16. LEGAL RESPONSIBILITY

(a) You

Through providing Your Content, you are required to comply with all laws and regulations in force, including without limitation ensuring that Your Content:

1. does not infringe any rights of a third party, including intellectual property rights;
2. does not cause personal injury, offence or invasion of privacy; or
3. is not contrary to public policy and accepted moral standards.

Failure of you to comply with any provisions of these Terms and Conditions (including the ZYB Community Guidelines and the Privacy Statement) may (in ZYB’s sole discretion) result in Your Content being removed or your ZYB account being suspended, disabled or deactivated.

(b) ZYB

Nothing in these Terms and Conditions shall exclude or limit ZYB’s liability for losses which may not be lawfully excluded or limited by applicable law.

You 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 (whether incurred directly or indirectly), loss of goodwill or business reputation, any loss of 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 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 Service;
3. unauthorized access to or modification of your transmissions or data;
4. statements or behaviour of any third party on the Service or within its service;
5. any reliance placed by you on the completeness, accuracy or existence of any advertising (including Third Party Information), or as a result of any relationship or transaction between you and any advertiser whose advertising appears on the Service;
6. any modifications which ZYB may make to the Services, or for any temporary or permanent cessation in the provision of the Services;
7. the removal or corruption of, or failure to store, any of Your Content (or any other data maintained or transmitted by or through your use of the Services);
8. your failure to provide us with accurate account information;
9. your failure to keep your password or account details secure and confidential; or
10. any other matter relating to the Service or Website.

Under no circumstances shall ZYB's total legal responsibility to you for all damages, losses, and causes of action go beyond the amount paid - if any – in accessing the Service of the Service.

17. INDEMNITY

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 access or use of the Service, 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 immediately notify ZYB of any unlawful use of your account or any other breach of security of your knowledge.

18. GOVERNING LAW

All legal matters arising from or related to the use of the 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.

19. RECENT UPDATES

On 27th November 2008 substantial amendments were made to these Terms and Conditions, including updating our Privacy Statement, new Community Guidelines and terms of use for various new features such as web SMS and webmail. None of these changes have reduced the rights and protections of users.

© 2005-2008 ZYB *Mac is a trademark of Apple Inc., registered in the US and other countries.