TERMS & CONDITIONS
1. USE OF THE SERVICES AND THE IZO WEBSITE
In order to access some features of THE IZO WEBSITE, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify izo immediately of any breach of security or unauthorized use of your account. Although izo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of izo or others due to such unauthorized use.
The words “use” or “using” in this Agreement, means any time an individual (a “User”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from THE IZO WEBSITE, transmit, receive or exchange data or communicate with THE IZO WEBSITE, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of THE IZO WEBSITE.
2. MODIFICATIONS We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on THE IZO WEBSITE and we may also e-mail you about these changes. Once we post them on THE IZO WEBSITE, these changes become effective immediately and if you use THE IZO WEBSITE after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. izo also reserves the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of THE IZO WEBSITE at any time, without any liability or obligation to you, with or without notice.
5. USER LICENSE GRANT TO IZO AND USER’S WEBSITE ACCESS
B. You agree to abide by the “RULES OF CONDUCT” referenced in Section 11 below and not use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses THE IZO WEBSITE in a manner that sends more request messages to izo servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, izo grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. izo reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from THE IZO WEBSITE, nor to use the communication systems provided by THE IZO WEBSITE for any commercial solicitation purposes.
6. INTELLECTUAL PROPERTY RIGHTS The content on THE IZO WEBSITE, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (”Content”) and your account, the trademarks, service marks and logos contained therein (”Marks”), are owned by or licensed to izo, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on THE IZO WEBSITE is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. izo reserves all rights not expressly granted in and to THE IZO WEBSITE and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of THE IZO WEBSITE or features that prevent or restrict use or copying of any Content or enforce limitations on use of THE IZO WEBSITE or the Content therein.
7. Procedure for Making Claims of Copyright Infringement. It is izo’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to izo by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on THE IZO WEBSITE in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on THE IZO WEBSITE of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written 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; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for izo’s Copyright Agent for notice of claims of copyright infringement is as follows: [Include name or title, and physical address of Copyright Agent].
8. WEB COMMUNITIES, FORUMS AND POSTINGS In addition to Contributions, THE IZO WEBSITE may now, or in the future, contain forum services, web communities, and other message and communication facilities (”Communities”) that may provide you and other Users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, videos, audio, messages, transmissions and Content with other Users and/or with us and these are referred to in this Agreement as a “Post” or “Posting.”izo reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting or Contribution, in whole or part, that izo deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, izo shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.You use the Communities solely at your own risk and izo neither endorses nor controls User Postings or Contributions available, delivered or displayed in the Communities and izo assumes no duty to monitor or endorse Postings within the Communities, nor does izo represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting or Contribution complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable.You understand, acknowledge and agree that Postings or Contributions originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not THE IZO WEBSITE, are entirely responsible for the consequences of all your Postings and/or Contributions on the Communities or otherwise on THE IZO WEBSITE. Postings do not reflect the views of izo or any Affiliates. In no event shall IZO or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting or Contribution whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting or Contribution does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings or Contributions; (c) revoke your right to use the Communities and THE IZO WEBSITE; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your account on THE IZO WEBSITE and/or the Communities.
If a Posting or Contribution originates from you or your User ID, you hereby agree that:(a) you are placing the Posting or Contribution in the public domain without reservation of any rights or further control over the Posting, Contribution or its use and you specifically authorize THE IZO WEBSITE and Affiliates to use such Posting or Contribution in whole or in part, throughout the universe, and you are automatically granting izo and its Affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and/or Contributions and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;(b) you represent and warrant that (i) the Posting or Contribution is original to you or fully cleared for use as contemplated herein, (ii) the Posting or Contribution does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting and Contribution does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting or Contribution is not obscene or in any other manner unlawful, (v) the Posting or Contribution shall not be damaging or injurious to izo, any Affiliates or any User, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting or Contribution;(c) if your Posting or Contribution incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting or Contribution in the public domain and grant izo and Affiliates the right to use such Posting and/or Contributions as described above; and(d) we have the right to delete, re-format and/or change your Posting or Contribution in any manner that we may determine (although you will not be responsible for any such changes made).The amount of storage space on THE IZO WEBSITE per User is limited and some Postings or Contributions may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings, Contributions or any failure to store, receive or deliver Postings or Contributions in a timely manner or at all or as to any other matter relating to Postings and Contributions. Posting or a Contribution is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
9. ADVERTISING From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (”Advertisers”) as a result of or in connection with your use of THE IZO WEBSITE. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
11. RULES OF CONDUCT Your use of THE IZO WEBSITE is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID or as a result of your use of the IZO WEBSITE. You shall not use, allow, or enable others to use THE IZO WEBSITE, or knowingly condone use of THE IZO WEBSITE by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, THE IZO WEBSITE, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of THE IZO WEBSITE, or from advertising, linking or becoming a supplier to us in connection with THE IZO WEBSITE;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
- be used for commercial or business purposes, without the prior written consent of izo, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
- gain unauthorized access to THE IZO WEBSITE, other Users’ accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to THE IZO WEBSITE or to use THE IZO WEBSITE in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of THE IZO WEBSITE or the rights or use and enjoyment of THE IZO WEBSITE by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of THE IZO WEBSITE, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
12. WARRANTY DISCLAIMER YOU AGREE THAT YOUR USE OF THE IZO WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IZO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE IZO WEBSITE AND YOUR USE THEREOF. IZO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE IZO WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE IZO WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE IZO WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE IZO WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE IZO WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IZO WEBSITE. IZO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IZO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IZO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. LIMITATION OF LIABILITY IN NO EVENT SHALL IZO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER PERSONS CONSTITUTING A RELEASED PARTY, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IZO WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IZO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF IZO TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE IZO WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO IZO (IF ANY) BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.YOU SPECIFICALLY ACKNOWLEDGE THAT IZO SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR ANY OFFENSIVE MATERIALS OR OFFENSIVE CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.THE IZO WEBSITE is controlled and offered by izo from its facilities in the United States of America. izo makes no representations that THE IZO WEBSITE is appropriate or available for use in other locations. Those who access or use THE IZO WEBSITE from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It is part of your agreement with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”), that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, (“Arbitration Rules”). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 800-352-5267. Any hearing will be held in a location within one hundred (100) miles of your residence, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award, to the extent allowed by law, YOU AND IZO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, izo will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE INDIVIDUAL OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL OR USER. In the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.
(f) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
(g) Survival. This Arbitration Agreement will survive the termination of your relationship with izo.
(i) Small Claims Court. Notwithstanding the foregoing, either you or izo may bring an individual action in small claims court.
(j) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for such purpose.
This section is included so that Company may take advantage of the safe harbor created by the Digital Millennium Copyright Act (“DMCA”), which exempts on-line service providers that meet the safe harbor criteria from claims of copyright infringement made against them that result from the conduct of their customers. Note that one of the requirements is that the on-line service provider must designate an agent that will receive notices of copyright infringement from copyright owners and it must notify the Copyright Office of the agent’s name and address and make that information publicly available on its website (512(c)(2)). For more information, see http://www.copyright.gov/onlinesp/.
Last Updated August 08, 2018