These Terms of Use are an agreement between you and Zapaday regarding your use of content and services from Zapaday.com, Zapaday B.V. and any of its related websites and applications, to be called ‘Zapaday’ or the ‘Service’. By using the Service or content you are bound to these terms.

Service

Zapaday offers an open and freely accessible basic news and calendar service. Additionally, Zapaday offers premium content from Zapaday and its partners and premium services to analyse, research, enrich, share and publish calendar content.

Edit

Zapaday offers news and events compiled by Zapaday, its partners and you.
Zapaday encourages you to edit and submit upcoming news and events. As an editor you act in accordance with our guidelines, as published on our site.

Updates

When you accept these Terms of Use you agree (opt-in) that Zapaday can send you updates by e-mail regarding its services, until you change this preference in your personal settings.

You may also receive other tracking, diary, status and reminder e-mails from Zapaday based on your settings.

Of course you can change your settings to receive no e-mails from Zapaday at all.

Zapaday Pro Plans: calendars and dashboards

Free and premium calendars

At Zapaday, users can access calendars of events: free, premium and private. Calendars include future news events and events that are relevant for business. Calendars are provided by Zapaday and by other content creators who syndicate their content through Zapaday.

  • Calendars have a monthly price in credits. Typical prices are 1, 2, 5, 10, 20, 40, 50, 100, 150, 200, 300, 400 or 500 credits per month.
  • 1 credit represents 1 Euro of value.
  • Calendars can be free, with a price of 0 credits.
  • The price is set by the content creator, which can be a third party or Zapaday; the price never or rarely changes. Zapaday has the right to approve or disapprove calendar content and pricing. In case a price does change, subscribers are warned at least one month in advance.
  • A calendar can have sub-calendars. The price of a calendar always equals the sum of the prices of the sub-calendars.

Plans and credits

Users can purchase a premium plan that includes monthly credits and rights for additional services. With credits, users can get access to premium calendars. Users can purchase extra credits. Credits expire monthly and cannot be saved.

  • In the smallest premium plan, a credit has a price of 1 Euro.
  • At sign-up for a free account, users get 10 free monthly credits (ongoing).
  • Users can purchase extra monthly credits, e.g. 50, 100 or 400, at a discount.
  • Plans are paid in advance monthly or annually. When paying annually, users get two months free, i.e. a 16.6% discount.
  • To guarantee revenue to content creators, credits have a minimum price, available in volume plans:
    • €0,70 for corporate and media clients
    • €0,40 for individual journalist clients with IFJ card
  • Journalists with an IFJ press card can purchase a special discount plan for a single user account.
  • When a user subscribes to a calendar and does not unsubscribe within a set time limit, the credits for this calendar are spent for the duration of at least one week.

Dashboards and users

With a premium plan, team members can work together on Calendar Dashboards to organize content and create a workflow. Users can add extra team members in return for monthly credits.

  • Users with a free account get 1 dashboard for 1 user.
  • A premium plan includes the right to create a maximum number of dashboards with a maximum number of members, e.g. 2 dashboards with a total of 5 team members.
  • Users can add team members at a cost of 10 monthly credits.
  • A premium client can use a premium calendar on multiple dashboards without an extra charge.

Zapaday Business Plans

White label Calendar Dashboards

Business clients can offer their customers white label dashboards, including their own logo, style and domain. White label dashboards can include premium calendars.

  • A client can choose a Business Plan with a maximum number of white label dashboards, credits and team members.
  • A Business client can use extra credits, on top of the credits included in the plan, for an agreed price per credit. Zapaday invoices Business clients based on the plan plus a charge for any additional credits used.
  • Business clients can use credits within their plan to access premium calendars and to make those calendars available to their customers, through the customers’ dashboards. The price of a calendar will be multiplied by the number of customer dashboards on which the calendar is made available, e.g. when the business client publishes a 100 Credit calendar to 5 customer dashboards, the total charge to the enterprise account is 500 Credits.

Sales of premium content on white label dashboards

Business clients and Zapaday may promote additional premium calendars to users of white label dashboards. Business clients will earn 30% of the revenue of premium calendars sold on their platform.

  • The business client controls when premium calendars are added to customers’ dashboards. Zapaday makes transparent to the Business client how many credits are used for each customer dashboard. The Business client can set a maximum number of credits used per dashboard: if the dashboard clients exceeds this number, he can no longer freely add premium calendars.
  • Zapaday bills Business clients for the cost of credits used at an agreed price per credit. The Business client bills its own customers.
  • Zapaday will provide the Business client with a clear overview of credits used in total, credits used per dashboard (per resale client) and the 30% revenue share for content sales; the Enterprise will invoice Zapaday for the 30% revenue share.
  • Zapaday will make transparent to the Business client any offers it makes to users of white label dashboards to promote additional premium calendars.

FutureScan™

With FutureScan™, a search engine, users can scan the web for future news and events.

  • A Business plan can include access to FutureScan™ and the right to create a maximum number of saved searches, to monitor future events. Clients can use credits to add additional saved searches, e.g. 5 credits per saved search.

Content creators: calendar syndication

Content creators can publish their calendars and event information through the Zapaday platform, to premium and business clients. Content creators get a 50% share of sales revenue. When a content creator sells a calendar on its own white label platform or via referral, he will get an additional 30% share of sales revenue.

  • The revenues of calendar subscriptions are shared among partners as follows:
    • Content creator 50%
    • Sales 30%
    • Zapaday platform 20%
  • The Sales revenue share (30%) can be earned:
    • by content creators, when they promote the calendar on their website, as referral partners; or when they sell the calendar on their own white label Zapaday platform.
    • by Business clients, when sale takes place on their white label Zapaday platform;
    • by Zapaday, when sales takes place on the public Zapaday website.
  • Discounts on purchased credits are applied evenly to revenue share categories: e.g. when a client with a 10% credit discount subscribes to a 100 Credit (€100) calendar, the revenue shares are €45, €27 and €18 respectively.
  • When a user with a non-premium account subscribes to a premium calendars using only free credits, no revenues are shared.

Copyrights and database rights

Republishing of premium calendars beyond customer dashboards is only permitted with prior written permission of Zapaday or the content creator and while crediting Zapaday and/or the content creator as source.

Content creators can include events from other (Zapaday) calendars on their premium calendars. Content creators cannot copy integral parts of other (Zapaday) calendars on their premium calendars.

Subscription service

Your subscription to Zapaday can include a paid plan and extra credits for access to premium content and additional services. You subscribe per month or per year. Your subscription term starts when you first start using a paid plan and recurs every month or year. During the subscription term, we will provide you access to use the subscription service as described in these terms.

Limits may apply to the number of premium calendars, days you can look ahead, users, calendar dashboards, saved searches and e-mail updates. Any limits will be specified in your account. You will be charged fees associated with your plan, extra credits and agreed consulting services.

We modify the subscription service from time to time, including by adding or deleting features and functions, in an effort to improve your experience. But we will not make changes to the subscription service that materially reduce the functionality of the subscription service provided to you during the subscription term. We might provide some or all elements of the subscription service or consulting services through third party service providers.

Subscription fee

The subscription fee is based on your plan, extra credits and optional consulting services. Your subscription fee will remain fixed during the subscription term unless you change your plan, buy extra credits or agree on extra services, in which case you will be charged pro-rata for the additional fees for the remainder of the subscription term.

If you are paying via a third party payment provider (e.g. PayPal), we will charge you via that payment provider at the beginning of the initial subscription term, at the beginning of each subsequent billing period and when you change your plan or extra credits during the subscription term. Additional terms of the payment provider may apply.

If you are paying on invoice, we will invoice you at the beginning of the initial subscription term and at the beginning of each subsequent billing period. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified.

All payment obligations are non-cancellable and all amounts paid are non-refundable, except as specifically provided for in these terms. All fees are due and payable in advance throughout the subscription term.

All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the service. You shall have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state.

Access, Suspension and Termination.

When you use more credits than you pay for, Zapaday may limit access to your account and to premium content and services.

We may suspend or terminate your access to our services, including your account, at any time for any reason without notice and without liability. As an example, we may suspend or terminate your account if we suspect you or someone using your account has violated these terms or any other terms, guidelines or policies associated with our services. Any suspension or termination of your account for these reasons applies to you personally; you may not access our services through any other account that you own or create or through accounts owned or created by others. We also reserve the right to terminate or suspend user accounts that are inactive for an extended period of time. All provisions of these terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limited liability

Publishers, webmasters, website owners and any persons who use data provided by Zapaday acknowledge that in normal journalistic and publishing industry practice, errors occasionally occur. Zapaday nor Content creators make any warranties of any kind as to the sequence, completeness, accuracy and/or reliability of our contents on Zapaday websites or in data feeds. In addition, Zapaday shall not warrant and represent that our content and data will be of merchantability and fitness for a particular purpose, non-infringement, satisfactory quality, uninterrupted or error free, free of bugs, or that all defects will be corrected; or that the service will meet your needs.

Acceptable use

Zapaday expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use policy or other unacceptable behaviour by any user, you should report such activity to Zapaday at abuse@zapaday.com.

You are solely responsible for the content that you post on the Service or transmit to other users and agree that you will not hold Zapaday responsible or liable for any content from other users that you access on the Service.

Categories of prohibited content below are merely examples and are not intended to be exhaustive. Zapaday will make the sole determination as to whether or not content is acceptable for the Service. Without limitation, you are agreeing that you will not post or transmit to other users anything that contains content that:

  • is defamatory, abusive, obscene, profane or offensive;
  • infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
  • violates any party’s right of publicity or right of privacy;
  • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • promotes or encourages violence;
  • is intentionally inaccurate, false or misleading in any way;
  • is illegal or promotes any illegal activities;
  • contains personal information of any party such as private phone numbers, addresses, license plate numbers etc;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Zapaday is under no obligation to screen or monitor content, but may review content from time to time at its sole discretion to review compliance with these Terms of Use. Zapaday will make all determinations as to what content is appropriate in its sole discretion. We may include, edit or remove any content at any time without notice.

You understand that when using the Service, you will be exposed to content from a variety of sources, and that Zapaday is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party without the prior written consent of Zapaday.

In case you are uncertain whether or not your use is permissible, please contact Zapaday via support@zapaday.com.

Changes to these Terms of Use

Zapaday shall have the right to modify these terms. Zapaday will publish the modified terms including a statement on the changes made.

6 March 2014


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