I. Welcome to zomf.it

zomf.it ("ZOMF", "we", or "us") provides the content synchronization services that allow you ("you") to synchronize your content across your PCs and devices (the "Services").

These Terms of Use (the "Terms") set forth the terms and conditions of your use of the Services and your use of the ZOMF websites at www.zomf.it and related websites (collectively, "ZOMF Site") as a visitor. Any information you provide to ZOMF is subject to our Privacy Policy, the most current terms of which are incorporated by reference.

By browsing the ZOMF Site or using the Services, all visitors and subscribers agree to the terms of this Section 1 and the "Visitor Terms" set forth in Section III below. By creating an account with ZOMF, you also agree to the provisions of Section II below.

II. Accounts

1. Free Accounts. You may establish a free account (a "Free Account") to use the Services. You may have only one Free Account at a time. If there is no activity on your Free Account (for example, no syncing of files) for a period of 90 days or more, your Free Account may be automatically terminated.

2. Requirements to Use the Services. To use the Services, you must set up a ZOMF account and use ZOMF software made available to you which may include desktop software and software for your mobile phone (collectively, the "Software"). The Software can be used on devices supported by ZOMF. You'll need to have a computer with Internet access and, to use mobile phone features, a mobile phone and wireless plan with necessary wireless data features. Your use of mobile phone features may result in increased charges from your wireless carrier. We recommend that you use WiFi in order to avoid mobile phone network charges. All wireless charges, equipment and third party services and related costs and expenses that you use to access Services are your sole responsibility. For all digital files and/or data that you synchronize or upload using our Services, you represent and warrant that you have the right to use such materials and that such materials do not violate any third party rights or agreements. You also understand and agree that the Services may include certain communications from ZOMF, such as third party advertisements and services, service announcements and administrative messages, and that these communications are considered part of your membership. ZOMF and its third party and co-brand partners also may send you special offers, promotional offers and news about ZOMF and its offerings.

3. License to Use the Services and Software.

(a) Subject to these Terms, ZOMF grants you a non-exclusive, non-transferable license when you set up a ZOMF account, to: (i) download and install the Software on devices within your possession and control, subject to limitations for Free Accounts and other device limitations as required by ZOMF from time to time; and (ii) use the Software to access and use the Services for your own use. Except for the foregoing license grant, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other rights in respect to the Software or Services. Any additional Software, including updates, made available to you is licensed to you under these Terms unless such Software is licensed to you under a separate agreement. The Software is licensed, not sold, to you for use only under these Terms, and ZOMF reserves all rights not expressly granted to you.

(b) Except as expressly authorized in these Terms, you may not use, copy, modify, reverse engineer, disassemble, decompile, modify, or transfer the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing.

(c) You agree to comply with any local laws and regulations regarding your right to download, install, import, export or use the Software and/or Services. You agree to strictly comply with all UK and United States copyright laws and regulations and not to license, sell, provide or distribute the Software for any use whatsoever.

(d) All right, title, and interest, including all intellectual property rights, in and to the Software and Services are owned by ZOMF. The Software is protected by copyright and other intellectual property laws and by international treaties. You agree that you will not take any action to jeopardize, limit or interfere in any manner with ZOMF's or its suppliers' ownership of or rights with respect to the Software or provision of the Services. Title and related rights in the content accessed through the Software are the property of the applicable content owner and are protected by applicable law. The licenses granted under these Terms gives you no rights in or to such content other than as expressly set forth in these Terms.

(e) THE SOFTWARE IS PROTECTED BY UK COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

4. Representations. Your account and any specific URL associated with your account are for your individual use. You may not resell accounts or any account features. By setting up an account you represent that you: (i) are an individual of legal age to form a binding contract; the account is for your personal use, that you will comply with all applicable laws and regulations, and that there is no law or restriction barring you from using the Services or Software; (ii) will provide and maintain true, accurate, current, and complete information about yourself when setting up an account and update such information as necessary to keep it current; and (iii) will not use the Services to disseminate any advertising, promotional materials, or spam. You acknowledge and agree that ZOMF has no control over any digital content sent through or used with the Services or stored by ZOMF ("Submissions"), ZOMF is not responsible for, and does not review or comment on Submissions, and will not be liable for such content. You will not use the Software or Services to create, copy, store, transmit, share or distribute any images, sounds, messages or other material which are obscene (as determined in ZOMF's sole discretion), harassing, racist, malicious, fraudulent or libelous, contain nudity, or violate or infringe the rights of third parties; and (d) you will not use the Services for any activity that may be considered unethical, immoral, or give rise to any actual or potential civil or criminal liability. ZOMF reserves the right in its sole discretion to take any action that it deems necessary relating to you use of the Services in violation of these Terms.

5. Submissions. In order to make the Services available to you, we need to get a license from you for your Submissions; accordingly, you hereby grant to ZOMF and to all persons to whom you make Submissions available through the Service, a worldwide, non-exclusive, perpetual, royalty-free license to use, copy, modify, transmit, cache, publish, display and distribute your Submissions in conjunction with the Services. You warrant that you have all necessary rights to grant this license to ZOMF and that use of Submissions as contemplated in this Agreement will not infringe or violate the rights of any party.

6. Transmissions. You are solely liable for any transmissions sent to or from your account and for use of and access to your account and any related Submissions, data or communications transmitted, stored, shared or received using your account. ZOMF shall have no liability to you or any third party for any unauthorized interception, access, receipt, or use of any Submissions, messages or other communications or other data sent using the Services or Software (including any claims regarding intrusions of privacy or confidentiality with respect to any communications sent using the Services or Software). You acknowledge and agree that ZOMF reserves the right to establish limits on the number of messages and data and size of messages and data transmitted through the Services.

7. Service Limitations. ZOMF uses reasonable efforts to make the Services available 7 days a week 24 hours a day. However, ZOMF does not guarantee availability of the Services, shall not have any liability to you for any unavailability of the Services, and is under no obligation to provide you with maintenance, technical support or updates for the Software or Services. We reserve the right to suspend access to your account if your use of the Services disrupts, impedes or otherwise negatively impacts the operation of our Services or use of our Services by other customers. You may not collect, store, copy or use any personal information or Submissions of other ZOMF users for any purpose except as expressly authorized by such users and subject to the limitations in these Terms.

8. Term and Termination.

(a) Your rights to use the Services and Software will terminate immediately without notice to you upon the earlier of (i) your election to cancel your account, (ii) The election of ZOMF to cancel your account (iii) the posting of a new version of these Terms of Use on the ZOMF website with notice to you (which you acknowledge that ZOMF may provide by any means, including without limitation, by posting on the ZOMF Site), in which case the new Terms of Use shall apply to you; provided, however, that except for updates to the ZOMF Privacy Policy that do not decrease privacy protections afforded to you.

(b) For Free Accounts, bandwidth availability, and account features may be limited, modified or suspended, and the Free Account may be terminated, by ZOMF at any time in its sole discretion without notice or liability to you.

(c) Upon termination, the licenses granted to you by ZOMF shall cease, you will not be able to access or retrieve any data stored in your account, and you shall promptly destroy the Software or return the Software to ZOMF. If you terminate your account, you agree that ZOMF may keep your digital content (if it is on its servers) for reasonable time thereafter to enable you to easily renew if you so desire.

(d) In the event of expiration or termination of your account, the representations made by you in these Terms and the Visitor Terms shall survive such expiration or termination.

9. Rights of Co-Brand Partners. If you have created a ZOMF account through a co-branded version of the ZOMF Site or of a specific service made available through the ZOMF Site, you hereby authorize ZOMF to provide your email address to the applicable ZOMF co-brand partner subject to the privacy policy of such ZOMF partner. You acknowledge and agree that ZOMF has no control of, and shall have no liability to you for, the use of your email address by the applicable ZOMF co-brand partner.

III. Website Visitors

The provisions of this Section III comprise the "Visitor Terms."

1. Privacy Policy. Please review the ZOMF Privacy Policy, the terms of which are incorporated into, and are part of, these Terms.

2. Changes to Visitor Terms. ZOMF reserves the right to change the Visitor Terms (including the ZOMF Privacy Policy) from time to time. Any changes to the Visitor Terms will be made part of a new Terms of Use posted on the ZOMF Site, and if the changes are significant, we may provide additional notice to you (i.e. email notification). The most current version of the Visitor Terms supersedes all previous versions. By continuing to use the ZOMF Site and/or the Services, you agree to be bound by the most recent Visitor Terms.

3. Site Content. All content that is made available to view and/or download in connection with the ZOMF Site is the copyrighted work of and is owned by ZOMF and/or its licensors or subscribers, as applicable, and is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit any such content without the express written permission of ZOMF and the copyright owner.

4. Linked Sites. The ZOMF Site may contain links to third party web sites ("Linked Sites"). These Linked Sites are not under the control of ZOMF and ZOMF is not responsible for the availability, contents, or performance of any Linked Sites. ZOMF is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ZOMF of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You should direct any concerns regarding these third-party sites to those sites' administrators.

5. Trademarks. "ZOMF", and the ZOMF logo are trademarks of ZOMF and zomf.it and are protected by law. All other names of companies and products mentioned may be trademarks of their respective owners. You may not copy, display or use any of these marks without prior written permission of the mark owner.

6. Law and Jurisdiction. These Terms shall be governed by and interpreted in accordance with the laws of the United Kingdom exclusively. You agree that conflicts of laws principles of such laws and the United Nations Convention on Contracts for the International Sale of Goods (1980) and its successors are excluded in their entirety from application to these Terms. The parties consent to the exclusive jurisdiction of and venue in the courts of the United Kingdom for all claims arising out of or relating to these Terms or the relationship between the parties.

7. Disclaimer of Warranties. THE ZOMF SITE, THE SOFTWARE, AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRNATY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZOMF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZOMF DOES NOT WARRANT THAT: (I) THE USE OR QUALITY OF THE ZOMF SITE, SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE RESULTS OBTAINED FROM USE OF THE ZOMF SITE, SOFTWARE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (III) ANY ERRORS IN THE ZOMF SITE, THE SOFTWARE OR THE SERVICES WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE ZOMF SITE, THE SOFTWARE AND SERVICES REMAINS WITH YOU.

8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZOMF OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, AND IN THE CASE OF FREE ACCOUNTS, DIRECT DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE ZOMF SITE, THE SOFTWARE OR THE SERVICES EVEN IF ZOMF OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Indemnification. You agree to indemnify, defend and hold ZOMF and its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees, resulting from (i) a violation or breach of these Terms by you, (ii) any activity related to access to or use of your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your account of Submissions made available by you, or (iii) ZOMF's authorized use of data or Submissions provided by you or data obtained by ZOMF as authorized by you under these Terms.

10. General. Neither these Terms nor any rights or obligations of you hereunder may be assigned by you in whole or in part without the prior written approval of ZOMF. Any assignment in violation of the foregoing shall be null and void. If any part of these Terms is for any reason found to be invalid, illegal or unenforceable, all other parts nevertheless remain valid, legal and enforceable. In lieu of the unenforceable provision, the parties agree that the court should attempt effect as much as possible the economic, legal and business objectives as were intended by the unenforceable provision. ZOMF shall not be liable for any delay in the performance hereunder due to causes beyond its control, including but not limited to an act of God, war or natural disaster. These Terms set forth the entire understanding and complete and exclusive statement of the agreement between ZOMF and you and they supersede any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of these Terms. You have no third party beneficiaries to these Terms. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. Copyright Infringement

ZOMF respects the intellectual property of others, and we expect our users to do the same. ZOMF may suspend and/or terminate the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Services, you should provide ZOMF with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ZOMF's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: wayne@zomf.it

LEGAL NOTICE

zomf and zomf.it are the registered trademarks of Syncmy Ltd a UK registered company (company registration number 6663321). All rights (including but not limited to all legal rights, Intellectual Property Rights, Copyright and Ownership Rights ) to ZOMF and zomf.it (and its subsidiaries and affiliate company's) its Products, Software and Technology are the sole property and ownership of Syncmy Ltd.

Attribution

ZOMF uses social networking / media icons from Paul Robert Lloyd http://paulrobertlloyd.com/2009/06/social_media_icons Licenced under a Attribution-Share Alike 2.0 UK: England & Wales Licence. Company logos are owned by their respective company.

ZOMF SMS terms and conditions

These are the terms and conditions of use of all ZOMF SMS products, applications or services belonging to ZOMF SMS "ZOMF", headquartered in the United Kingdom. A current list of these products, applications or services may be obtained at anytime from www.ZOMF.it Should a product, application or service not be listed on the above website, a history of products, applications and services may be obtained by contacting support@ZOMF.it

Failure for a product, application or service to be listed on the above website does not constitute a failure of these terms to apply to that product, application or service. These ZOMF Terms and Conditions will continue in force as applicable to all products, applications or services, past, present and future, until such time as explicitly stated in writing and published to www.ZOMF.it that a product, application or service is no longer bound by these Terms and Conditions.

The relationship between you and ZOMF shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and ZOMF agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. The failure of ZOMF to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this license remain in full force and effect.

You agree that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to the use of ZOMF's products, applications or services or these terms and conditions must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

DESCRIPTION OF PRODUCTS, APPLICATIONS AND SERVICES

ZOMF products, applications and services provide you with the capability to send and receive electronic messages. It does not provide you with the ability to make emergency service calls. In order to use these products, applications or services, you must:

1. Provide your own access to the World Wide Web and pay any service fees associated with such access, and

2. Provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, modem and/or mobile device and data transfer access as relevant. You acknowledge and understand that while ZOMF may do so, ZOMF is not obliged to provide assistance, including any technical or customer support, to you, and that your use of these products, applications, services or support is of your own volition and at your own risk.

YOUR GENERAL OBLIGATIONS

1. You agree to provide, or you acknowledge that you have provided, true and correct information about yourself when registering for a ZOMF account.

2. You agree to comply with all requirements, procedures, policies and regulations of networks connected to ZOMF;

3. You agree to comply with all applicable laws regarding the transmission of data exported from the United States.

4. You agree not to use any ZOMF products, applications or services for illegal purposes or for the transmission of any communication that is unlawful, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe upon the intellectual property or other rights of another, or there use and enjoyment of any ZOMF product, application or service.

5. You agree not to transmit any material that violates any applicable local, state, national, or international law or regulation;

6. You agree to be solely responsible for the contents of User's transmissions through the ZOMF services.

7. You agree not to interfere with or disrupt any ZOMF services or servers or networks connected to ZOMF.

8. You agree not to attempt to gain unauthorised access to other computer systems or networks connected to ZOMF services.

9. You agree not to impersonate or create a false identity of any person, including but not limited to, a ZOMF official, forum leader, guide or host

10. You agree not to use any ZOMF products, applications or services for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of messages or calls in any fashion or form or use any ZOMF products, applications or services to collect or harvest personal information about other ZOMF users.

11. Please report any violations of these Terms and Conditions or concerns with our products, applications or services to support@ZOMF.com

YOUR ZOMF ACCOUNT- BILLING, RATES, ROAMING AND REFUNDS

In consideration of use of ZOMF, you agree:

1. To be solely responsible for any and all charges incurred due to your use of ZOMF.

2. To be solely responsible for any and all charges incurred by use of any wireless device including, but not limited to, a cellular or mobile phone.

3. To be solely responsible for all billing transactions. Billing transactions include sign-up transactions (purchases at the time of sign-up) and purchase transactions (purchases which are made after sign-up) You may pay for all such transactions via a credit card and/or debit card and/or using payment services as specified on the purchasing pages of www.ZOMF.it

4. That all purchases made in a currency other than UK Sterling will be converted to UK Sterling at an exchange rate to be determined by ZOMF. ZOMF accounts are held in UK Sterling, regardless of purchase currency and any display of your ZOMF credit in a currency other than UK Sterling is an approximation only. An accurate accounting of your ZOMF credit may be obtained at any time by choosing UK Sterling when selecting the currency to display on your ZOMF account.

5. That SMS billing will be deducted from your ZOMF credit at the nominated rate.

6. That you will be charged per text message for any message made, or attempted to be made, using a ZOMF product, application or service. Each message will be no longer than 160 alphanumerical characters.

7. That you are solely responsible for any roaming charges incurred as a result of using ZOMF services.

8. That your ZOMF account has a 12-month expiration period. This expiration date will be extended for another 12 month period for each successful recharge so that the actual expiration date will always be 12 months from the date of the most recent successful recharge.

9. That ZOMF has the sole discretion to determine whether to grant any other extension request. All extensions will be confirmed via e-mail. ZOMF is not obligated to refund any remaining balance left in your ZOMF account as of the date it expires.

10. That ZOMF reserves the right to deactivate your account and remove all other features and services if the account balance remains zero or negative for a period of ninety (90) days or more.

11. Not to resell ZOMF products, applications or services or use of or access to the same unless otherwise permitted by ZOMF. Any person or entity that resells any products, applications and/or services owned by ZOMF without the express permission of ZOMF may be subject to civil and/or criminal penalty as prescribed by law.

12. THAT ANY AND ALL TERMS HEREIN, INCLUDING WITHOUT LIMITATION, CALLING RATES OR PLANS, CAN BE CHANGED OR OTHERWISE MODIFIED BY ZOMF AS WITHOUT ANY FURTHER NOTICE WHATSOEVER.

13. You agree that all SALES ARE FINAL. ZOMF will not issue a refund of any purchase except where required by law or in the event of an extended system wide outage of Service encompassing all of the following: local access, toll-free access, domestic termination, and international termination, or other system failures as determined by ZOMF at its sole discretion.

NEW USER FREE INITIAL SMS CREDIT OFFER

New users can receive GBP 0.50 free initial credit, "INITIAL CREDIT" subject to the following conditions:

1. You must download the ZOMF SMS application to your supported phone.

2. You must register through the ZOMF SMS application on their phone.

3. During the registration process you must tick / select / enable the option to help ZOMF build its location network to receive the INITIAL CREDIT.

4. You must fully complete the registration and phone number verification process.

5. Offer is restricted to one per person.

6. Only users registering from phones / sim cards not previously registered with ZOMF SMS qualify.

7. ZOMF reserves the right to remove INITIAL CREDIT, terminate account and bill users for any used INITIAL CREDIT if it suspects abuse of the offer or failure to comply with any terms and conditions defined.

8. THAT ANY AND ALL TERMS HEREIN, INCLUDING WITHOUT LIMITATION, INTITAL CREDIT AMOUNT, CAN BE CHANGED OR OTHERWISE MODIFIED BY ZOMF WITHOUT ANY FURTHER NOTICE WHATSOEVER.

SMS DISCOUNT OFFER FOR LOCATION INFORMATION

You can receive a 20% discount on SMS messages you send subject to the following conditions:

1. You must have fully registered for ZOMF SMS and completed the phone number verification process.

2. You must have the option to help ZOMF build its location network ticked / selected / enabled within the ZOMF SMS application on your phone.

3. Your phone must be connected to a GSM / 3G network for the ZOMF SMS application to provide a location update, CDMA and other networks are not supported.

4. You will be charged the normal rates for all SMS you send and this will be deducted from your account balance as normal.

5. The discount will take the form of credit applied to your account at the end of each calendar month (within 5 working days following the end of the month), equivalent to a 20% discount on all valid SMS sent during the previous calendar month provided it is a QUALIFYING PERIOD.

6. A QUALIFYING PERIOD is defined as a calendar month in which we receive at least one location update per day on at least 28 days within that month from a ZOMF SMS application registered to your account. In the case of your first registered month a location update would be required every day for the rest of that calendar month if less than 28 of the month remain.

7. If you fail to meet the QUALIFYING PERIOD conditions then no discount for SMS sent during that period will be provided, however this will not exclude you from potentially receiving a discount in subsequent periods provided you meet the QUALIFYING PERIOD requirements.

8. THAT ANY AND ALL TERMS HEREIN, INCLUDING WITHOUT LIMITATION, DISCOUNT AMOUNT AND QUALIFYING PERIOD DEFINITION, CAN BE CHANGED OR OTHERWISE MODIFIED BY ZOMF WITHOUT ANY FURTHER NOTICE WHATSOEVER.

YOUR ZOMF ACCOUNT - IDENTITY, PASSWORDS, AND SECURITY

In consideration of use of ZOMF, you agree:

1. To provide true, accurate, current and complete information about yourself as prompted by the Customer Registration form, and

2. To maintain and update this information to keep it true, accurate, current and complete. Information about a User shall be referred to as "User Data." If any information provided by you is untrue, inaccurate, not current or incomplete, ZOMF has the right to terminate your account and refuse any and all current or future use any ZOMF product, application or service.

3. You will receive a password and account designation upon completing the customer registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur in relation to it.

4. To immediately notify ZOMF at support@ZOMF.com of any unauthorized use of your password or account or any other breach of security. In the event of unauthorized use of your credit card, you agree to notify both ZOMF and your credit card provider immediately

YOUR ZOMF ACCOUNT -TERMINATION AND BREACHES

1. You agree that ZOMF may in its sole discretion terminate your ZOMF account if it believes you have in any way violated these Terms and Conditions, any relevant ZOMF End User License Agreement or our Privacy Statement.

2. You agree that ZOMF may in its sole discretion report you to any local, state or federal authority or agency if you violate any of these Terms and Conditions, any relevant ZOMF End User License Agreement or our Privacy Statement.

3. You agree that ZOMF may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if you violate any of these Terms and Conditions, any relevant ZOMF End User License Agreement or our Privacy Statement.

4. You agree that ZOMF may terminate your ZOMF account or any of ZOMF's products, applications or services if ZOMF believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions or that you have violated the rights of ZOMF or other users or parties.

EMERGENCY SERVICES CALLS

YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SOFTWARE OR SERVICES AND THAT NEITHER ZOMF NOR ANY OF OUR AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR SUCH CALLS. ADDITIONALLY, YOU EXPRESSLY ACKNOWLEDGE THAT THE SOFTWARE AND/OR SERVICES WILL CEASE TO FUNCTION DURING A POWER FAILURE AND/OR DISRUPTION TO YOUR INTERNET CONNECTION. YOU WILL NOT BE ABLE TO USE THE SOFTWARE NOR SERVICES TO DIAL ANY PHONE NUMBER INCLUDING EMERGENCY SERVICES.

ZOMF RECOMMENDS THAT YOU MAINTAIN A CONVENTIONAL FIXED LINE TELEPHONY SUBSCRIPTION TO ASSURE THAT YOU HAVE CONTINUAL ACCESS TO EMERGENCY SERVICES.

PRIVACY POLICY

ZOMF considers any and all messages transmitted via the ZOMF products, applications or services to be private communications between you and the recipient. ZOMF will not monitor, edit or disclose the content of your private communications, except that you agree that ZOMF may do so:

1. as required by law;

2. to comply with legal process;

3. is necessary to enforce this license;

4. to respond to claims that the communicator violated the rights of third-parties; or

5. to protect the rights or property of ZOMF or others.

You acknowledge, understand and agree that ZOMF may in its sole discretion report you to any local, state or federal authority or agency if you violate any of these Terms and Conditions, any relevant ZOMF End User License Agreement or our Privacy Statement

You acknowledge, understand and agree that ZOMF may in its sole discretion cooperate with any affected third party by providing information and/or data in either a civil or criminal forum if you violate any of these Terms and Conditions, any relevant ZOMF End User License Agreement or our Privacy Statement

You acknowledge, understand and agree that ZOMF does not endorse the content of your communications and ZOMF is not responsible or liable for any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe upon the intellectual property or other rights of another.

ZOMF may disclose User Data to carefully screened companies that may offer you products and services. ZOMF will not disclose billing information or account access information except as authorized by you or your representative or as required by law or legal process, or as set forth above. If you prefer not to receive any offers of information, please inform support@ZOMF.com.

ADVERTISING, EXTERNAL WEBSITES AND THIRD PARTIES

Your correspondence with or participation in any promotion of advertisers found on the ZOMF service, including payment and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree not to hold ZOMF liable for any loss or damage of any kind incurred as the result of any such dealing with any advertisers or as the result of the presence of such advertisers.

If you intend to receive or request any news, messages, alerts or other information from or via ZOMF products, applications or services concerning companies, stock quotes, investments, securities, or other financial information, please be aware that particularly for this type of information, the watchword should be "Let the investor beware." The content and material contained in messages of any kind are provided for informational purposes only and are not intended for trading purposes. You expressly agree that ZOMF shall not be responsible for the content or accuracy of any information transmitted via ZOMF's products, applications or services and that ZOMF shall not be responsible for any trading or investment decisions made based on such information.

DISCLAIMER OF WARRANTIES

You expressly agree that use of ZOMF's products, applications or services is at your own risk.

ZOMF's products, applications or services are provided on an "AS IS" and "AS AVAILABLE" basis.

ZOMF expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. ZOMF makes no warranty that ZOMF's products, applications or services will meet your requirements, that the ZOMF service will be uninterrupted, timely, secure, or error free; nor does ZOMF make any warranty as to the results that may be obtained from the use of ZOMF's products, applications or services or as to the accuracy or reliability of any information obtained through the use of ZOMF's products, applications or services or that defects in ZOMF's products, applications or services will be corrected. Neither ZOMF nor any of ZOMF's information providers implied any warranties concerning the accuracy, correctness or reliability of the messages received or requested via the use of ZOMF's products, applications or services or any of the information, material or content contained therein (the "material").

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of ZOMF's products, applications or services is done at the your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. ZOMF makes no warranty and shall not be liable for any goods, services, information or other material displayed, purchased or obtained through or from ZOMF's products, applications or services or any transaction entered into through the service. ZOMF shall not be liable for any delays, omissions or errors in the material and shall not be liable for any reliance thereon. No advice or information, whether oral or written, obtained by you from ZOMF or through or from the use of ZOMF's products, applications or services shall create any warranty not expressly stated herein. Some jurisdictions no not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

You agree that ZOMF shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use ZOMF's products, applications or services or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the use of ZOMF's products, applications or services or resulting from unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if ZOMF has been advised of the possibility of such damages. You further agree that ZOMF shall not be liable for any damages arising from interruption, suspension or termination of ZOMF's products, applications or services, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

ZOMF expressly disclaims any and/or all liability for inbound and outbound mobile phone roaming charges, mobile data charges and/or other like or unlike third party charges related to the use of ZOMF and/or any other ZOMF service from a mobile phone while it is roaming.

INDEMNITY

You hereby agrees to indemnify and hold ZOMF, its subsidiaries, affiliates, officers, and employees, harmless from any claim or demands, including reasonable attorney's fee, made by any third party because of or arising out of your use of ZOMF's products, applications or services, Your connection to ZOMF's products, applications or services, your violation of these Terms and Conditions, or your violation of any right of another.

PROPRIETARY RIGHTS

You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material of ZOMF's products, applications or services or that contained in sponsor advertisements or information presented to you through ZOMF's products, applications or services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only as expressly authorized by ZOMF or the respective advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization.

You expressly agree that all intellectual property rights in ZOMF's products, applications or services, including but not limited to the ZOMF's website, any and/or all underlying systems, support platforms, ideas, business models and/or any other like or unlike items associated with ZOMF shall inure to the sole benefit of ZOMF. You further agree that you shall not reverse engineer, decompile and/or otherwise attempt to learn the underlying ideas, algorithms and/or any other such proprietary ideas, concepts, content and/or property nor shall you cause or permit any other Party to do same.

NOTIFICATIONS SENT TO CUSTOMERS

Any notice given to you, to the extent that ZOMF determines in its sole discretion that such notice be disseminated, shall be made via voice mail, mobile messaging and/or electronic mail. You may also be notified of changes to www.ZOMF.it or other matters by displaying notices to you via ZOMF products, applications or services. This may include a notification on your ZOMF Account or a general notification on the ZOMF website found at www.ZOMF.it

MODIFICATION OF THESE TERMS AND CONDITIONS

ZOMF may change these Terms and Conditions from time to time at its sole discretion. Any modification to the Terms of Service shall be deemed effective as of their posting on www.ZOMF.it You expressly agree to be bound by any modified Terms and Conditions as contemplated herein.

ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS

ZOMF's products, applications and services are owned by ZOMF. They are provided to you under these Terms and Conditions and any amendments thereto as may be posted in accordance with this document from time to time. Any operating rules or policies for any type of product, application or service may be published from time to time by ZOMF on our website at www.ZOMF.it

BY REGISTERING FOR, DOWNLOADING IN PART OR IN WHOLE, OR USING ANY OF ZOMF'S PRODUCTS, APPLICATIONS OR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.