TERMS OF SERVICE
1. Acceptance of Terms:
1.1. VIZZOS (“VIZZOS ,” “US” OR “WE“) PROVIDES ITS WEBSITES, MOBILE SITES, MARKETPLACE LISTINGS, MESSAGING FUNCTIONS, AND/OR APPS (i) OWNED OR OPERATED BY OR FOR VIZZOS, OR MANAGED BY A VIZZOS – OWNED ACCOUNT, OR (ii) ON VIZZOS – BRANDED PAGES ON WHICH PRODUCTS ARE DISPLAYED AND POSTED FOR SALE (COLLECTIVELY, “SITE“) TO YOU SUBJECT TO THE FOLLOWING TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR (AND IF ACTING ON BEHALF OF A THIRD PARTY OR YOUR EMPLOYER, SUCH THIRD PARTY’S OR EMPLOYER’S) AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW (REFERENCES IN THIS AGREEMENT TO “YOU” INCLUDE YOU AND ANY SUCH THIRD PARTY OR EMPLOYER). VIZZOS CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED TERMS OF SERVICE ON THIS SITE AND VIZZOS MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT email@example.com
2. User Account, Password, and Security
2.1. To complete your registration for your Vizzos account (“Account”), you must provide an email address, a password, and payment and tax information, as necessary. You are responsible for maintaining the confidentiality of your password and Account, and are responsible for all activities that occur under your password or Account. It is important for you to protect against unauthorized access to your device. Be sure to log off when you finish using a shared device.
2.2. You agree to (a) immediately notify Vizzos of any unauthorized use of your Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Vizzos cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
3. User Conduct, Acknowledgements and Agreements:
3.1. In using this Site, you agree to not:
3.1.1. upload, download, post, email, message or otherwise transmit any Content that may be unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property;
3.1.2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3.1.3. upload, download, post, email, message or otherwise transmit any Content that may violate or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or designs that you’ve copied from a website or search engine without written permission from the owner. You cannot create a “new” image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
3.1.4. upload, download, post, email, message or otherwise transmit any Content that may constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that may otherwise create liability or violate any local, state, national, or international law;
3.1.5. use the Service to harm minors in any way, including, but not limited to, uploading Content that may violate child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
3.1.6. upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children;
3.1.7. upload, download, post, email, message or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
3.1.8. upload, download, post, email, message or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, facilitate unauthorized access to, or limit the functionality of any computer software or hardware or telecommunications equipment;
3.1.9. remove, alter, obscure, or otherwise degrade watermark(s) or similar security measures that appear on images copied from or linked to by the Site;
3.1.10. upload, download, post, email, message or otherwise transmit false or misleading information;
3.1.11. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
3.1.12. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
3.1.13. disrupt or interfere with the enjoyment of any other Users of the Site or affiliated or linked websites;
3.1.14. embed, copy, mirror, forward-to, or otherwise replicate any part of Vizzos’s websites or applications, except as permitted in writing by Vizzos ;
3.1.15. incorporate images, faces, likenesses or names of any celebrity, public figure, or individual who does not want their name, likeness, or image used, in any way that would violate a person’s right of privacy or publicity;
3.1.16. use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service;
3.1.17. transfer your Vizzos Account to another party without Vizzos ‘s written consent;
3.1.18. copy, modify or distribute, except as otherwise allowed by Vizzos herein or on the Site, any (i) Content, (ii) services or tools, or (iii) Vizzos’s copyrights and trademarks, from the Site;
3.1.19. upload and/or exploit any other User’s Content (including Collaborative Content, as applicable), on the Site or elsewhere, for use by others; or
3.1.20. harvest or otherwise collect information about Users, including names and email addresses, without their consent.
3.2. By using the Site, You hereby acknowledge and agree that:
3.2.1. You are responsible for the creation and compilation of your Content, and that neither Vizzos nor any other party involved with the production of any Product incorporating such Content assumes that responsibility. Vizzos’s production of any Product depicting your Content does not indicate that Vizzos approves of the Content, that the Content obeys any and all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
3.2.3. You are responsible for actions and communications undertaken under your Account. Vizzos takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Vizzos and its affiliates, contractors, agents and employees for losses, damages and injuries that are based on or relate to your communications or Content on the Site. You agree to indemnify Vizzos and its affiliates from all claims and expenses, including reasonable attorneys’ fees, which claims are based on or arise from your violation of any of the provisions of this Agreement, except with respect to Vizzos’s own negligence.
3.2.4. Your use of this Site and of any Products ordered, either for purchase or download (“Orders”) on this Site must (i) be in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and (ii) will not harm or violate the rights of any person or entity.
3.2.5. Vizzos does not endorse any Content submitted to the Site by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Vizzos expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, Vizzos and its designees shall have the right to remove, without prior notice, any Content that they believe may violate the Agreement, is subject to complaint, or is otherwise objectionable to Vizzos. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
3.2.6. You will not use any Product distributed and/or ordered from the Site in a way that would be damaging to Vizzos’s public reputation or that of its employees, board members, shareholders, licensors, or partners. Additionally, you acknowledge that if you choose to display any Product ordered from Vizzos, in a public setting, including on the Internet, in a way which disparages Vizzos, Vizzos’s board members, employees, shareholders, licensors, or partners, Vizzos reserves the right to demand immediate return of the Product, and to furthermore pursue all recourses and remedies available under the law.
3.2.7. The Site may provide, or third parties may provide, links to other websites or resources. Because Vizzos has no control of such sites and resources, you acknowledge and agree that Vizzos is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies of such sites and resources. Vizzos is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
5. New Programs:
Vizzos may introduce programs, features and Products, to specific Users or to the Site at large. At the time of release, Vizzos will publish the governing terms and conditions. You agree that you will be subject to such new terms and conditions to the extent that you participate in such new programs or use such new Products.
6. Age and Geographic Restrictions:
6.1. You must be at least thirteen (13) years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.
6.2. Certain Vizzos Products may only be shipped to limited geographic regions/countries.
7. International Access:
7.1. This Site may be accessed from countries other than the United States. This Site may contain Products or references to Products that are not available outside of the United States. Any such references do not imply that such Products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
7.2. You agree that Vizzos can translate, as accurately as reasonably possible, text and information that you provide into other languages for use on our foreign domains. We do not guarantee the accuracy of such translations.
9. No Resale:
Other than as expressly provided in this Agreement, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without Vizzos ‘s express written consent.
10.1. You agree that Vizzos, in its sole discretion, may terminate this Agreement, in whole or in part, including but not limited to termination of your password, Account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Vizzos may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Vizzos may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Should Vizzos deactivate or delete your Account due to your violation of this Agreement in any way, as determined in Vizzos’s sole discretion, Vizzos reserves the right to withhold payment of any Royalties, Referral Fees or other monies associated with your Vizzos Account(s). Further, you agree that Vizzos shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your Account.
10.2. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.