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. WEBSITE ACCESS
B. 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.
C. You agree to abide by the “RULES OF CONDUCT” referenced in Section 10 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 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. WEB COMMUNITIES, FORUMS AND POSTINGS 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, 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, 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 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 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 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 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 whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting 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; (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 originates from you or your User ID, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize THE IZO WEBSITE and Affiliates to use such Posting 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 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 is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting 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 is not obscene or in any other manner unlawful, (v) the Posting 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; (c) if your Posting 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 in the public domain and grant izo and Affiliates the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting 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 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 or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting 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.
8. 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).
10. 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:
11. 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.
12. 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 Policy does not cover third party privacy statements that are displayed on our linked to from our websites, applications, or services. Many of our Services are hosted on platforms, services, and websites run by third parties, such as YouTube, Facebook, and Twitter. These third parties may also collect, use, and share information about you. The Policy does not cover what third parties do with your data. To learn about the practices of these third parties, please see their privacy policies.
Notice to California Residents - Your California Privacy Rights – The California Civil Code lets California residents request that izo not share their personal information with third parties for their direct marketing uses. To make such a request, please send an e-mail to firstname.lastname@example.org. Please see the "Your Choices and Changes" section of this Policy to learn more. INFORMATION COLLECTED We collect information you provide to us. For example, we may collect your name, email address, postal address, phone number, video and photo image and likeness, demographics, gender, birth date, and other information you give us. We may also get information from others and combine it with information we collect through our Services. For example, if you sign up with us to be a channel partner using your YouTube account, we get information about your YouTube account. For example, we get your YouTube user name, YouTube external identifier, YouTube channel title, age, zip code, number of subscribers to your channel, number of videos, number of views, number of comments, location of thumbnail image, videos, your video playlists, your YouTube activity, name, public profile URL, photo, gender, birth date, and email address. If you specify other social media accounts, we collect access tokens sufficient to connect these accounts and display your public feed. For example, we get your Tumblr and Instagram access tokens when you link these accounts to izo. Any information that we collect from your social media account may depend on the privacy settings you have with those providers, so please consult their privacy and data practices.
When you use our Services, some information is automatically collected. For example, when you visit our websites, your computer's operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before our site are logged automatically. We also collect information about your usage and activity on our Services. When you download and use our applications, or access the Services from your mobile device, we may also log information related to your device. We may log, for example, your device type, serial number, device identifiers, and the type and version of your mobile operating systems. Third parties who operate the platforms that host our Services may also automatically collect information from you and share that information with us subject to their privacy policies.
COOKIES We may automatically collect information using "cookies." Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our Services and your experience. Most web browsers are set to accept cookies by default. If you prefer, you can typically set your browser to remove or reject cookies. If you choose to remove or reject cookies, certain features on our websites may not work. At this time, we do not currently respond to “do not track” signals from web browsers.
WEB BEACONS We may collect information using Web beacons. Web beacons are electronic images that may be used on our Services or in our emails. We use Web beacons, for example, to deliver cookies, understand your usage and our campaigns, and tell if you open and interact with an email.
OUR ADS ON THIRD PARTY WEBSITES We may use information we get through third-party cookies and web beacons on our Services and in our emails to show ads to you on third-party websites. We may also use cookie information to find out if you return to our websites after visiting these third- party websites. We use this and other information about you to learn which ads work, learn your interests, and show you relevant ads. USE OF INFORMATION We use personal information we collect through our Services as described in this Policy. Examples of how we may use your information include to:
provide and improve our Services;
learn more about you to make your experience better; collect and process revenue for you and make payments to you if you are a channel partner;
use your name, image, voice, and likeness, to promote izo, individual channels on the Network, your channels, and your content if you are a channel partner; process and deliver contest entries and rewards;
respond to your comments and questions and provide customer service;
send you information, including confirmations, statements, technical notices, updates, security alerts, and support and administrative messages;
communicate with you about new promotions, rewards, events, and other news about izo and our select partners;
link or combine your information with other data we get from third parties like YouTube; and
protect, investigate, and deter against fraud and unauthorized or illegal acts.
NOTICE TO NON-U.S. USERS If you are a non-U.S. user of the Services, by visiting our websites or otherwise providing us with personal information, you acknowledge and agree that your information may be processed for the purposes identified in this Policy. In addition, your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal information may be less protective than the laws in your country. By providing your personal information, you consent to such processing and transfer.
SHARING OF PERSONAL INFORMATION Our Services let you share your actions, comments, videos, content, and other information with the public. By using some of our Services, you also share with third party websites and platforms on which we run our Services like Google, Facebook, Tumblr, and Twitter. Please think of your own privacy needs as you choose what to upload, share, and make public on these websites and platforms. We cannot control the privacy or security of information and content once you make it public or share it with others.
We share your personal information with third parties as provided in this Policy, including sharing it in the following ways: with your consent, for example, when you agree to let us share your information with other third parties for their own marketing uses subject to their own privacy policies;
with third party vendors, consultants, and other service providers that work for us and need access to your information to do that work;
with third party partners like YouTube that provide the platforms on which we run our Services;
in connection with, or during negotiation of, any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company.
We may also share aggregated or de-identified information without restriction.
YOUR CHOICES AND CHANGES You may opt out of promotional emails from us by following the directions in those emails. If you opt out, we may still send you non-promotional emails, like emails about your accounts or our ongoing business relations. You may also send requests about your contact choices, changes to your information, and how to opt-out of sharing your personal information with third parties by emailing email@example.com.
USERS UNDER 13 We do not intentionally gather personal information from users who are under the age of 13. If a child under 13 submits personal information to us and we learn that such information is from a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at the email address below.
CHANGES TO THIS POLICY izo may change this Policy from time to time. If we make any changes to this Policy, we will change the "Last Updated" date above. QUESTIONS If you have any questions about this Policy, please contact us at firstname.lastname@example.org.