TERMS

Bwizzoo Terms and Conditions

Welcome to Bwizzoo! Before you use this site, please read these Terms of Service carefully as they govern your use of the services provided at Bwizzoo (the "Services"). By using the Services you agree to the Terms of Service set forth below as they may be updated from time to time by Bwizzoo. Bwizzoo may modify or terminate the Services from time to time, for any reason, and without notice, without liability to you, any other user or any third party, provided that when Bwizzoo does so, it will update these Terms of Service. You are advised to periodically check the website for changes in the Terms of Service.

1. Purpose and Description of Services.
Bwizzoo provides users with a means of publishing information that can be retrieved from mobile phones and the Internet. If you create a Bwizzoo database you will be able to select a username for i t. The use of the username in the Bwizzoo service does not grant you ownership of such keyword. Bwizzoo retains ownership of all usernames/keywords in its service and might change the keyword associated with your database at any time. In such an event, Bwizzoo would provide you with an alternative keyword. Bwizzoo accounts with no or minimal usage might expire. Bwizzoo may determine, in its sole discretion, to limit the use of the Services, add data storage limitations, charge fees for the Services or otherwise modify the Services in the future. You acknowledge and agree that these changes may take place and that Bwizzoo shall have no liability stemming from such changes.
Any additions or modifications to the Services shall be in the sole discretion of Bwizzoo and will be subject to these Terms of Service. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services - including, but not limited to, standard text messaging charges that will depend on the plan that you have with your wireless carrier. Bwizzoo uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Bwizzoo. By using the Services you agree that Bwizzoo shall not be liable to you for any modification, suspension or discontinuance of the Services.
All materials displayed on the Site including, but not limited to text, graphics, news articles, charts, presentations, User communications photographs, images and illustrations, shall be referred to herein as "Content." Bwizzoo attempts to maintain a website that is absent of offensive, indecent or objectionable Content. You understand that by using Bwizzoo, you may be exposed to this Content. Under no circumstances will Bwizzoo be liable in any way for any Content, including, but not limited to, the subject matter of any Content, 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 Bwizzoo.
All Bwizzoo messages incur standard SMS charges according to your specific wireless plan. Premium Bwizzoo membership have additional charges. If you request a premium service from your mobile phone, you will receive a message from Bwizzoo stating what the cost of that service is. To proceed with the request and obtain the service, you must reply with a Y to the message (send a text message to our short code 41411) to acknowledge that you understand and approve the charges. If you request a subscription to a premium Bwizzoo membership on our web site, you will be informed of the price and will be required to send us a text message to acknowledge that you understand and approve the charges. The exact charge for a premium service will depend on the specific content and will be specified in the confirmation message or web page that you will receive prior to any charges. Premium content is $9.99 per month payable in quartely payments. You can also subscribe to different memberships with monthly prices of $9.99 - plus standard charges for each message. If you subscribe to an ongoing alert, we will send you a reminder of your subscriptions, with opt out instructions, at the end of each month. At any time you can cancel your subscription by notifying Bwizzoo in writing or by deleting your account using the account administration dashboard.
Premium service agreed upon by website payment does not require further authorization from the user. The exact amount for premium service will depend on the content service.

2. Restrictions on the use of the Services.

By using the Services you agree that you will not:
(a) Use the Services for any illegal purpose;
(b) Upload, email or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable.
(c) Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party; or
(d) Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
(e) Promote another text messaging service - or any other commercial venture - that is competitive with the Services.
Bwizzoo reserves the right at all times to terminate your account, and delete any and all Content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Service. If you do violate these Terms of Service, Bwizzoo reserves the right to share any information with any third party. In addition, Bwizzoo reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.

3. Age Requirements and Limitations on Use of Services.

Users of the Services must be at least 13 years of age.
Children under the age of 13 are not permitted to use the Service and no information of children under the age of 18 will be knowingly collected by Bwizzoo. If Bwizzoo determines that it has collected personal information of children under the age of 13, Bwizzoo will immediately delete such information.
Users are limited to one account per person. Bwizzoo reserves the right to terminate any account for non-use of longer than 90 days. You are solely responsible for all security information relating to your account, and are fully responsible for all activities that occur under your password or account. Use of the Services is also governed by the Bwizzoo Privacy Policy.
If you are between the ages of 18 and 13 and you use our Services, you promise and agree that you have your parent's permission to use the Services.

4. Trademarks and Copyrights

All trademarks, brands and service marks used in conjunction with the Services by Bwizzoo shall be the property of Bwizzoo. Bwizzoo shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form, except as it relates to the personal use of the Services. This license does not apply to any third party content stored at Bwizzoo. Permission for use of such content must be obtained from the copyright owner. Bwizzoo claims no ownership interest in the User Content.
User Content means any Content created or contributed to the Site by any user of the Services. You acknowledge and agree that if you contribute any User Content, including any widgets, you grant to Bwizzoo a perpetual, non exclusive worldwide, royalty-free, transferable right and license to use in any way such User Content (including all related intellectual property rights) to provide the Services. 5. Copyright Infringement.
Bwizzoo respects the intellectual property rights of others. However, you agree that Bwizzoo is not responsible for any violations of any intellectual property rights in any User Content. If you believe that your intellectual property rights have been infringed by another party please contact Bwizzoo via the email address on our contact us page.
Please provide:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. 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;
f. a statement by you, made under penalty of perjury, that the above information provided by you 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.
Upon receiving your complaint, Bwizzoo may, in its sole discretion, remove the User Content that you believe infringes your copyright. In addition, Bwizzoo may terminate the account of the user who appears to be infringing your intellectual property rights.
6. Disclaimer of Warranty and Limitations of Liability.
Bwizzoo expressly disclaims any responsibility or liability for the use of the Services by you.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL BWIZZOO BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BWIZZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7. Indemnification.

You agree to defend, indemnify, and hold harmless Bwizzoo and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). Bwizzoo reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Bwizzoo and its counsel in the conduct of such defense.

8. Forum and Choice of Law.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the federal courts located in the State of Ohio, or state courts located in the county of Summit and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

9. Entire Agreement.

These Terms of Service constitute the entire agreement between the you, the user, and Bwizzoo with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Bwizzoo and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable.