FIZMO TERMS OF USE
Welcome to Fizmo. By accessing
Fizmo, you are agreeing to the following terms, which are designed to
make sure that Fizmo works as well as possible for everyone. This policy
is effective August __,2007.
1. Using Fizmo.
When using Fizmo, please post in the appropriate category or area and do not:
- violate any laws or Fizmo policies;
- make false, misleading, deceptive or defamatory statements;
- infringe on the rights of any third party;
- distribute spam, chain letters, or pyramid schemes, or infect our users with viruses or any other technologies that may harm Fizmo or the interests or property of Fizmo users;
- interfere with the proper working of Fizmo; and
- copy or modify any other person's content without his or her consent.
As a Fizmo user, you agree not to harvest information about other users without their consent. If someone passes along his or her email to you, OK, but do not collect information about any user without consent. In using, Fizmo you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
Further, when using Fizmo, you
agree not to bypass our measures and attempt to restrict access of users
to the site.
2. Fees and Services.
Using certain services of Fizmo
is free, but other services are subject to fees as provided in our user
agreement. We may in our sole discretion change some or all of
our services at any time. Any such changes will be announced at least
14 days in advance. In the event we introduce a new service, the
fees for that service are effective at the launch of the service. Unless
otherwise stated, all fees are quoted in U.S. dollars. You are responsible
for paying all fees associated with using our service and our website
and all applicable taxes.
3. Content.
Fizmo is protected by copyright laws and international treaties. Content displayed on or via Fizmo may be protected as a collective work and/or compilation, pursuant to copyright laws and international conventions. By using Fizmo, you agree not to copy, distribute or modify content from Fizmo without our express written consent. Further, you agree not to decompile, reverse engineer or otherwise attempt to discover any source code contained in Fizmo.
Just so we're clear: you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Fizmo (other than your own content).
Further, certain content is inappropriate and may not be posted to Fizmo. Do not post any content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
- that is pornographic or depicts at least one human being engaged in actual sexual conduct;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
- that impersonates any person or entity, including, but not limited to, a Fizmo employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; or
- that includes personal or identifying information about another person without that person's explicit consent.
We reserve the right to remove
any content that we believe violates any of these terms.
4. Infringement.
Do not post content that infringes the rights of third parties, such as another person's or company's intellectual property rights. An example of infringing posts includes offering counterfeit items for sale – that's a no-no at Fizmo. We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights.
We take infringement seriously. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Fizmo's agent for notice of claims of copyright or other intellectual property infringement, at
or:
Copyright Agent
Fizmo
12819 SE 38th St. PMB 293
Bellevue, WA 98006
Please provide our Agent with the following information:
- Identify the material on the Fizmo site that you claim is infringing, with enough detail so that we may locate it on the website;
- Prepare a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Include with your statement declaring under penalty of perjury that (1) the above information is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Fizmo will act as appropriate
to protect your rights.
5. Liability.
In using Fizmo, you agree not to hold us responsible for things other users post or do. As most of the items listed on Fizmo come from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what everyone offers for sale. You understand that Fizmo does not prescreen postings on our site, even though we may remove postings at our discretion.
As you'll see in many similar sites, we do the best we can to provide ongoing access to our site. That said, we can't guarantee continuous access. As a result, to the extent permitted within the law, we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Fizmo, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
WE AND OUR SUPPLIERS PROVIDE OUR
WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow
the disclaimer of implied warranties, so the foregoing disclaimer may
not apply to you. This warranty gives you specific legal rights and
you may also have other legal rights that vary from state to state.
Despite the previous paragraph,
if we are found to be liable, our liability to you or any third party
(whether in contract, tort, negligence, strict liability in tort, by
statute or otherwise) is limited to the greater of (a) the amount of
fees you pay to us in the 30 days prior to the action giving rise to
liability, and (b) $100. In no event shall we or our suppliers
be liable for lost profits or any special, incidental or consequential
damages arising out of or in connection with our site, our services
or this agreement (however arising, including negligence).
6. Third parties, other sites and links.
Fizmo provides an open marketplace that allows users to link their own sites or storefronts. These sites are independent of Fizmo, and therefore Fizmo cannot and does not warrant that such external websites are authentic or follow the same diligence we do in protecting your information. Traveling across the world wide web requires careful attention to privacy and security on the part of any user. Fizmo asks that you evaluate the risks of your travels, understanding that in no circumstance can Fizmo or will Fizmo bear any liability for any losses or damages of any kind incurred as a result of actions on sites other than Fizmo.
If you decide to transact business with another user for a posting seen on Fizmo, you are interacting with that user and not directly with Fizmo. Any terms and conditions, representation and warranties that you transact with any person should be on terms you find acceptable. Just as we do not prescreen content posted on our site, we do not act as arbiter in transactions you undertake.
If any damages occur from such
dealings, you agree that Fizmo shall not be held responsible or liable
for any losses or damages arising from or relating to your dealings.
All disputes between participants on the site are to be handled by the
participants. Fizmo is under no obligation to become involved
in any way. If such a dispute does arise, because we are not involved
in the actual transaction between buyers and sellers, you agree to release
Fizmo, its officers, employees, and agents from any and all claims,
demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to or arising from our service
or our site.
7. Personal Information.
By using Fizmo, you agree to the collection, transfer, storage and use of your personal information by Fizmo on servers located in the United States as further described in our privacy policy.
Your use of the Fizmo website
signifies acknowledgement of and agreement to our Privacy Policy. You
further acknowledge and agree that Fizmo may, in its sole discretion,
preserve or disclose your content, as well as your information, such
as email addresses, IP addresses, timestamps, and other user information,
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary.
8. General Disclaimer.
These terms and the other policies posted on Fizmo constitute the entire agreement between Fizmo and you, superseding any prior agreements. These terms of use shall be governed in all respects by the internal substantive laws of the State of Washington as they apply to agreements entered into and to be performed entirely within Washington between Washington residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Fizmo, Inc. must be resolved by a court located in King County, Washington. You agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of litigating all such claims or disputes. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Fizmo, Inc., c/o James K. McBain, Ahrens & DeAngeli, p.l.l.c. 1001 Fourth Avenue Plaza, Suite 4333, Seattle, WA 98154, USA. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next post or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
Remember, in agreeing to these
terms, you agree that your use of our site is at your own risk.
We make no warranties of any kind, and in fact we disclaim all warranties
for the reliability of our site. To the fullest extent permitted
by law, Fizmo disclaims any warranties for all items sold or purchased
through our site. The parties to any such transaction may agree
to terms regarding the transaction, and Fizmo is not a guarantor of
any part of a transaction.
9. Termination of Use.
You understand that Fizmo, in its sole discretion, may, but is not required to, delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of our site (or any part thereof), immediately and without notice, and remove and discard any posting or any content on our site, for any reason, including, without limitation, if Fizmo believes that you have acted inconsistently with our terms of use or with the law governing our business. Further, you agree that Fizmo shall not be liable to you or any third-party for any termination of your access to our site.
When we ask you to leave, please
do so.
10. Fizmo.
The Fizmo site, name and all aspects of the company are protected to the maximum extent permitted by copyright laws and international treaties. Any reproduction, modification, creation of derivative works from or redistribution of the site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Fizmo. Do not copy content from Fizmo without our express written consent, and please abide by all copyright notices posted on the site, whether by us or by our users.
Once you post on Fizmo, you grant us (and you represent and warrant that you have the right to grant to us) an irrevocable, non-exclusive, fully-paid license to use, copy, display and distribute your post and related content on our site.
