These Terms of Use (“Terms of Use”) are between you and Izmskzm.com, for the use of the www.Izmskzm.com website. The terms and conditions set forth in these Terms of Use, as well as our Privacy Policy, constitute the entire agreement between Izmskzm.com and users of the Website. By using Izmskzm.com, you signify that you have read, understand and agree to be bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. Your continued use of Izmzskzm.com after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access this www.Izmskzm.com website. It is your responsibility to regularly review these Terms of Use.
By using the Izmszkzm.com you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by the Terms of Use; (ii) shall not use any rights granted hereunder for any unlawful purpose; (iii) shall use the Website only as set forth in these Terms of Use; and (iv) are thirteen years of age or older. If you are under the age of 13, you are not allowed to use the Website. We recommend that persons under 18 get parental permission to use the Website. SOME AREAS OF THE WEBSITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
You acknowledge that the Izmszkzm.com has been developed, compiled, prepared, revised, selected and arranged through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Izmskzm.com and cannot be used without the written permission of Izmskzm.com. Without limitation, Izmskzm® is a trademark owned by Izmskzm. Izmskzm.com is also protected as a collective work or compilation under U.S. copyright. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the Website for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of Izmskzm.
Izmskzm.com exclusively owns all right, title and interest in and to all computer codes, ideas, know-how, “look and feel,” compilations, digital conversions and other materials included within the Izmskzm.com and related to Izmskzm.com and all modifications and derivative works thereof, and all intellectual property rights related thereto.
Izmskzm.com respects the rights of all copyright holders and in this regard, has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Izmskzm.com the following information:
Izmskzm.com can be reached through email address provided on Izmskzm.com Contact Page. Izmskzm.com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
You agree that you will not engage in any activity that interferes with or disrupts Izmskzm.com or the servers and networks which are connected to it or use any service to manipulate your CPU to gain distinct advantage on any of our programs. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any content on the Izmskzm.com for any purpose.
Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you use of Izmskzm.com if:
(A)You further agree that your use of Izmskzm.com shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Website in order to:
• Post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable;You agree that Izmskzm.com may discontinue the Website or change the content of the Website at any time, for any reason, with or without notice to you, without liability.
Izmskzm.com does not claim any ownership rights in any photographs, pictures, videos, content, data, text, software, music, sound, links, graphics, or any other materials that you provide, submit, publish or display (hereinafter, “post”) on or through Izmskzm.com or otherwise submit to Izmskzm.com (collectively the “User Content”), including without limitation ideas, comments, suggestions or other information that you provide to us regarding the Izmskzm.com or products provided therein. You are solely responsible for the User Content that you post on or through Izmskzm.com or otherwise submit to it. You understand and agree that Izmskzm.com may review and delete or remove any User Content that, in the sole judgment Izmskzm.com violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users, the Company or others.
By posting User Content to any part of the Izmskzm.com, you automatically grant, and you represent and warrant that you have the right to grant, to Izmskzm.com a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, copy, adapt, modify, perform, publish, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing, all on a non-confidential and unrestricted basis, without compensation or any other obligation whatsoever to you. You represent and warrant that your User Content is accurate, true, non-defamatory and non-infringing, and that it will not cause injury to any person or entity; you further represent and warrant that the holder of any rights in such content, including intellectual property rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also hereby waive any moral rights to the User Content.
When using Izmskzm.com, you may be exposed to content from a variety of sources, and you acknowledge and agree that Izmskzm.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You understand that all User Content is the sole responsibility of the person or entity from whom / which such content originated, and that Izmskzm.com does not control, and is not responsible for all content made available through the Website, and that by using the Website, you may be exposed to User Content that is inaccurate, misleading, incomplete, offensive, indecent, or otherwise objectionable. User Content does not necessarily represent the views of, nor should they be construed as an endorsement by, Izmskzm.com or Izmskzm. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, and that under no circumstances will Izmskzm.com be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted or otherwise made available via Izmskzm.com. You acknowledge that Izmskzm.com does not pre-screen, monitor or approve User Content, but that Izmskzm.com shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any User Content that is available via the Website, for violating the letter or spirit of these Terms of Use or for any other reason. Izmskzm.com shall have no obligation to resolve disputes among users or monitor the accuracy or proper use of any User Content.
The links found on Izmskzm.com will let you leave our Website and go to sites operated by parties other than Izmskzm.com. The linked sites are often not under the control of Izmskzm.com and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by Izmskzm.com, or any changes or updates to such sites. Such links by Izmskzm.com to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by Izmskzm.com, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between Izmskzm.com and any linked third party or their content. Izmskzm.com does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.
You agree that your use of Izmskzm.com shall be at your sole risk. To the maximum extent permitted by law and unless restricted or prohibited by law, Izmskzm.com, its officers, directors, employees, and agents disclaim all guarantees, warranties and conditions, express or implied, in connection with Izmskzm.com and your use thereof, including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness.
To the fullest extent permitted by law, Izmskzm.com makes no warranties, conditions or representations about the accuracy or completeness of the content of the Website and/or of the content of any sites linked to the Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of Izmskzm.com, (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 Website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (vi) 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 Izmskzm.com. Izmskzm.com is provided on an “as is, as available” basis.
To the maximum extent permitted by law, and unless restricted or prohibited by law, in no event will Izmskzm.com, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of Izmskzm.com or other materials or content on, accessed through or downloaded from Izmskzm.com, whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not Izmskzm.com has been advised of the possibility of these damages. UNDER NO CIRCUMSTANCES SHALL IZMSKZM.COM’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS OF USE EXCEED ONE THOUSAND DOLLARS ($1,000.00), REGARDLESS OF LEGAL THEORY OR FORESEEABILITY OR WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Izmskzm.com shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify, defend and hold Izmskzm.com, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, action, cause of action, application, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to Izmskzm.com; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your user submissions caused damage to a third party; or (v) any content you post or share on or through Izmskzm.com.
Sometimes when you use Izmskzm.com, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these terms do not affect your legal relationship with these other companies or individuals.
All matters relating to the Agreement and any dispute arising hereunder shall be governed by the laws of the State of California, without regard to its conflicts of law provisions.
Any dispute, claim or controversy between you and Izmskzm.com, or any controversy or claim arising out of or related to these Terms of Use, or the breach thereof, shall be settled by final, binding and confidential arbitration administered by the American Arbitration Association, International Center for Dispute Resolution (“ICDR”), pursuant to the ICDR International Dispute Resolution Procedures’ International Arbitration Rules. The controversy or claim shall be settled by a single arbitrator. All hearings shall be held in Los Angeles, California. The hearing(s) shall be transcribed, with the costs to be paid by the parties equally, subject to reapportionment in favor of the prevailing party at the time of a final award. The arbitrator shall be bound to follow California law and case precedent as to the substantive issues presented in the arbitration. The arbitrator shall award the prevailing party all reasonable costs, expenses, attorneys’ fees, experts’ fees, transcription fees and arbitration fees incurred in connection with the arbitration proceeding. Judgment on the award rendered by the arbitrator may be entered in any federal or state court located in the County of Los Angeles, California. Any award issued by the arbitrator shall also be subject to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) and may also be enforced in any country that is a party to the New York Convention. Adherence to this paragraph regarding arbitration shall not limit the rights of the parties hereto to obtain any provisional remedy including, without limitation, injunctive or similar relief, from a court of competent jurisdiction as may be necessary to protect their respective rights and interests pending arbitration, particularly if necessary to avoid irreparable harm. Any party also shall have the right to bring an action in a court of competent jurisdiction to compel arbitration hereunder or to otherwise enforce this arbitration provision. The Federal Arbitration Act shall govern the terms of this arbitration provision, and California Code of Civil Procedure section 1280 et seq. shall govern the terms of this arbitration provision to the extent not inconsistent with the Federal Arbitration Act. TO THE EXTENT PERMITTED BY LAW, YOU AND IZMSKZM.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE.
International Users: Izmskzm.com is controlled, operated, and administered from within the United States of America. Izmskzm.com makes no representation that materials on the Website are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Website are illegal is prohibited. You may not use the Website or export the content or products in violation of U.S. export laws and regulations. If you access Izmskzm.com from a location outside of the United States, you are responsible for compliance with all local laws.
No term or provision of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by Izmskzm.com. Any consent by any party to, or waiver of, a breach by the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall nevertheless continue in full force and effect, and shall be construed in a manner so as to effectuate the intent of these Terms as a whole, notwithstanding such stricken provision or provisions.
Izmskzm.com may assign, transfer and/or sublicense these Terms of Use at any time. You may not assign or transfer these Terms of Use.