Terms and Conditions
FIZZGIG WEB SITE TERMS AND CONDITIONS OF USE
AGREEMENT TO TERMS
Unless otherwise noted, all materials that are part of this Site, including but not limited to images, text, illustrations, designs, icons, photographs, products, processes, programs, technology, video clips, logos, artwork, computer code, and written and other materials (collectively, “Content”), and the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, are owned, controlled, or licensed by Fizzgig, one of its affiliates, or by third parties who have licensed their materials to Fizzgig, and are protected by copyright, trademark, and trade dress laws and/or other intellectual property rights and unfair competition laws. The compilation of all Content (exclusive of content provided via links to third party websites) on this Site is the exclusive property of Fizzgig and is also protected by copyright laws.
Fizzgig expressly reserves all intellectual property rights in and to all Content. Access to this Site does not confer, and shall not be considered as conferring upon anyone, any license under any of Fizzgig’s or any third party’s intellectual property rights.
Fizzgig’s name and logo(s) and all related product and service names, design marks, and slogans are the trademarks or service marks of Fizzgig. No trademark or service mark license is granted in connection with the Content on this Site. Access to this Site does not authorize you to use any name, logo, or mark in any manner.
USE OF SITE
You may download or copy the Content of this Site for your personal use only. If you elect to download or copy any Content of this Site, no right, title or interest to any of the Content is transferred to you. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way the Content of this Site or any related software. All software used in the operation or creation of this Site is the property of Fizzgig and is protected by U.S. Copyright law.
You may use information on Fizzgig’s products and services purposely made available by Fizzgig for downloading from the Site, provided that you (1) not remove any proprietary notice language in any copies of documents containing such information, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information.
You are prohibited from violating or attempting to violate the security of the Site, including but not limited to, (1) accessing information not intended for you or logging onto a server or an account which you are not authorized to access, (2) attempting to probe, scan, or test the vulnerability of a system or network or to breach security without authorization, (3) attempting to interfere with the service of any other user, host, or network, including submission of a virus to the Site, overloading, flooding, spamming, mail bombing, or crashing the Site, (4) sending unsolicited email including promotions and/or advertisements of products or services to Fizzgig or any employees of Fizzgig. Violations of system or network security could result in civil and/or criminal action against you. Fizzgig will investigate occurrences that may involve such violations and may involve and cooperate with local and federal law enforcement in prosecuting such violations. You shall not use any device, software, or other tool to interfere with the property and normal operation of this Site or any activity being conducted via this Site.
SUBMISSION OF INFORMATION
THIS SITE IS PROVIDED BY FIZZGIG ON AN “AS-IS” AND “AS AVAILABLE” BASIS. FIZZGIG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT OR ANY OTHER INFORMATION, MATERIALS, OR PRODUCTS INCLUDED IN THIS SITE. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, FIZZGIG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE CONTENT AND ANY OTHER INFORMATION, MATERIALS, OR PRODUCTS INCLUDED IN THIS SITE.
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL FIZZGIG, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, SUPPLIERS, AFFILIATES, AND/OR BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, WHETHER OR NOT FIZZGIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the foregoing, Fizzgig is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Fizzgig’s liability shall in no event exceed the greater of (a) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six (6) months prior to the date of the initial claim made against Fizzgig, or (b) $100,000. The foregoing limitation may not apply in jurisdictions that do not allow limitations of liability.
MODIFICATION OF SITE
Fizzgig may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Fizzgig’s rights or property, or the rights or property of visitors to or users of the Site, including Fizzgig customers. Fizzgig reserves the right at all times to disclose any information that Fizzgig deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Fizzgig also may disclose your information when Fizzgig determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Fizzgig cannot and does not guarantee or warrant that files available for downloading from this Site are free of viruses, worms, trojan horses, or other codes that may have contaminating or destructive properties. It is the user’s responsibility to review and scan any and all downloaded materials from this Site or any links provided by this Site. Fizzgig will not be responsible or liable for any damage caused by your use of this Site.
INACCURACIES OR ERRORS
The descriptions, pictures, representations of products, or other information available on this Site and the Content may contain inaccuracies and/or errors. Fizzgig does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of products on this Site may change without notice to you at any time in Fizzgig’s sole discretion. Fizzgig shall have the right to refuse or cancel any advertisements placed or listed at an incorrect price or location.
SEVERABILITY AND ENFORCEMENT
The agreement sets forth the entire understanding of the parties with regard to use of this Site and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this agreement.