Terms of Service
Last Updated Date: December 21, 2022
Netizaar Inc. ("Netizaar" or "we") provides certain services entitled "Netizaar" through our website available at www.netizaar.com (together with its sub-domains, Content, and Services, the "Site"), as well as through Netizaar's proprietary mobile software application (the "App"). The Site and App are together referred to herein as the "Services."
Please read carefully the following terms and conditions ("Terms") and our Privacy Policy (defined below), which is incorporated by reference into these Terms. These Terms govern your access to and use of the Services, including without limitation the Collective Content (defined below), and constitute a binding legal agreement between you and Netizaar. By visiting the Site, downloading and accessing the App, or otherwise using the Services, you signify your consent to these Terms. These Terms apply to all users of the Services. If you do not agree to these Terms then please do not access or use the Services in any manner.
Key Content-related Terms
"Collective Content" means, collectively, Netizaar Content and Member Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
“NetCoin(s)” means the virtual currency, which Members may use to pay for contents and services offered by the company; which may or may not be free of charge.
"Netizaar Content" means Content that Netizaar makes available through the Services, including any Content licensed from a third party, but excluding Member Content.
"Member" means a person who completes our account registration processes, as described under the "Account Registration" section below.
"Member Content" means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services or App.
"SNS" means third party social media or social networking sites (including, but not limited to, Facebook).
Certain areas of the Services and certain Collective Content (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept such additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Services or certain Collective Content, the terms and conditions for such specific area will take precedence with respect to your use of or access to that area of the Services or that Collective Content, as applicable.
YOU ACKNOWLEDGE AND AGREE THAT, BY DOWNLOADING THE APP, ACCESSING THE SITE, OR OTHERWISE USING THE SERVICES (INCLUDING WITHOUT LIMITATION BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICES), YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED TO USE THE SERVICES (WHETHER ON OR THROUGH THE SITE OR VIA THE APP). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR ANY COLLECTIVE CONTENT.
Modification
Netizaar reserves the right, at its sole discretion, to modify, discontinue or terminate the Services, in whole or in part, or to modify these Terms, at any time. If we modify these Terms, we will post the modified version on the Services or provide you with email notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. Such modified Terms shall enter into effect 10 days from the earlier of (i) posting of the modified Terms or (ii) if applicable, providing you with email notice of the modification. By continuing to access or use the Services in any manner after such 10-day period, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to entirely cease using the Services and any and all Collective Content.
Using the Netizaar Services
You can use the Netizaar Services to make advice queries and seek professional or personal relationship analysis. Our Services exist to provide you with entertainment and amusement opportunities as well as provide access to the subjective wisdom owned and contributed by Netizaar users.
As a Member, you may invite friends to join Netizaar. You may do so by selecting friends from the list of your SNS friends, which is available to you via the Services and/or accessing your address book via your mobile device.
The Services may also include some or all of the following features for use by users: (i) rating and creating reviews of Members based on a variety of factors (each such review, a "Review") via the Review feature of the Services; (ii) sharing Reviews with Members and friends not yet on Netizaar via SMS; (iii) seeing their rankings and statistics; and (iv) updating and managing profiles; (v) earning NetCoins through some of the above activities on Netizaar for future spending on, but not limited to, Netizaar.
PLEASE NOTE THAT THE MEMBER CONTENT (INCLUDING, BUT NOT LIMITED TO, RATINGS AND REVIEWS) ASSOCIATED WITH THE REVIEW FEATURE OF THE SERVICES IS BASED UPON INFORMATION PROVIDED BY MEMBERS AND IS NOT BASED ON THE VIEWS OR INPUT OF NETIZAAR AND/OR ITS EMPLOYEES.
If you or your friends from both of your phone contacts and SNS services who register for the Services, you agree and understand that (i) your Netizaar profile (which may include your name, SNS profile picture, Netizaar Review numerical and qualitative rating, and certain other Personal Information you submit via the Services or SNS) will be publicly viewable via the Services; and (ii) Members may rate and review you and share such Reviews as contemplated by the Services and subject to these Terms. The Services currently allow Members to review any friend who shown repeated connection from both their phone contacts and SNS services and may or may not have registered for the Services. Please note that if any Reviews were written about you (despite you may or may not having been registered for the Services), such Reviews will become publicly available via the Services without your registration, and all the provisions under these Terms concerning Reviews will apply upon registration.
You acknowledge that our Services are intended to provide fun and entertainment. If a Review about you or any other feature of the Services is causing you severe distress, we encourage you to contact a mental health professional or reach out to someone else you trust for support. You can also delete your Profile (and any Reviews) by contacting us at deactivate@netizaar.com.
Account Registration
In order to access certain features of the Services and to post any Member Content on the Services, you must register to create an account ("Account") and become a Member.
You may register directly by logging into your account with certain SNSs via the Site or App (if you have downloaded the App), as described herein. During the registration process, you will be required to provide certain information. If you decide to register through an SNS, we will extract certain personal information you have provided to the SNS, such as (i) your "real" name, email address, cell phone number, profile information (including but not limited to birthday, education history, hometown, location, relationship status); (ii) your profile picture, and other photos; (iii) names and profile pictures of your friends, your friends' profile information (including but not limited to birthday, education history, hometown, location, relationship status); and (iv) certain other information you make publicly available via the SNS from the account you have with the applicable SNS and use that information to create your Account. The specific information that we extract may depend on the privacy settings you and your SNS friends have with the SNS. For certain SNSs through which you may choose to register, a pop-up box may appear as part of the Account registration process which you will need to approve in order to proceed, and which will describe the types of personal information that we will obtain from, and the types of activities that we or you may perform in connection with, your account on such SNS. You hereby consent to our access to and collection of personal information about you that we obtain from the applicable SNS, which access and use shall be in accordance with our Privacy Policy. In addition, you hereby agree that we may continue to access and use such personal information in accordance with the Privacy Policy in the event the Netizaar Services no longer use the SNS platform through which we obtained such information or if your Netizaar Account otherwise ceases to be linked to your SNS account.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your SNS, Account and mobile phone password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Netizaar of any unauthorized use of your Account.
Eligibility
Members may post Member Content only about friends who are within their own real-world communities and not about individuals who might bring discredit to or harm the reputation of the Netizaar community.
We reserve the right to deny access to the Services to anyone who does not meet our minimum security requirements via their SNS registration.
The Services are intended solely for persons who are 14 or older. Any access to or use of the Services by anyone under 14 is expressly prohibited. By accessing or using the Services, you represent and warrant that you are 14 or older. You hereby commit to inform us immediately should you become aware that a person under 14 is either using the Services or has been the subject of a Review available for viewing on the Services. You further agree that we shall not be responsible or liable for any misrepresentations regarding a user's age or a Review subject's age or for the unauthorized use of the Services by anyone under 14.
Privacy
See Netizaar's privacy policy, available at company.netizaar.com/terms_and_privacy, ("Privacy Policy") for information and notices concerning Netizaar's collection and use of your personal information.
Use of the Services, whether via the Site or App, is also governed by the Privacy Policy. You agree that by registering for and/or using our Services, you have agreed to our Privacy Policy. Our Privacy Policy is incorporated into these Terms by this reference. You agree to release us, our parent, subsidiaries and affiliated entities and ours and their shareholders, officers, directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind, know and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to the release or use of such information by third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Ownership
The Site, App, and Netizaar Content and operating name of Netizaar, are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, App, and Netizaar Content, including all associated intellectual property rights, are the exclusive property of Netizaar and it's licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App or any Collective Content.
Licenses Granted by Netizaar to Netizaar Content and Member Content
Subject to your compliance with the terms and conditions of these Terms, Netizaar grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Netizaar Content solely for your personal and non-commercial purposes; and (ii) to view any Member Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or any Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Netizaar or its licensors, except for the licenses and rights expressly granted in these Terms.
License granted by Member
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content.
By making available any Member Content on or through the Services, you hereby grant to Netizaar a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content (i) on, through or by means of the Services and (ii) for Netizaar's promotional and commercial purposes. In the event that Netizaar uses or otherwise exploits your Member Content for its promotional or commercial purposes, Netizaar will only use or exploit your Member Content in a manner that does not identify you individually (i.e. your name and identifying information will be removed from the applicable Member Content). For example, Netizaar may share Member Content contained in Reviews, such as comments and feedback from friends (with individual identifying information removed), with third parties or provide or license such Member Content to third parties in order to promote the Services. Netizaar does not claim any ownership rights in any Member Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available on or through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Services or you have all rights, licenses, consents and releases that are necessary to grant the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Netizaar's use of the Member Content (or any portion thereof) on, through or by means of the Services, will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You acknowledge that uploading or posting information about other individuals might encroach on the data protection rights of those individuals. Accordingly, Members who upload photographs or information about other individuals should do so only with the express consent from the individual who is the subject of the photograph or information.
You also acknowledge that we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove and/or delete (in whole or in part), any and all Member Content that you post on the Services at any time and for any reason (including without limitation, any Member Content that violates the section below entitled "General Prohibitions").
App License
If you are accessing the Services through the App, then, subject to your compliance with this Agreement, Netizaar grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Netizaar reserves all rights in and to the App not expressly granted to you under these Terms.
Accessing and Downloading the App from iTunes
The following applies to any App Store Sourced Application:
You acknowledge and agree that (i) this Agreement is concluded between you and Netizaar only, and not Apple, and (ii) Netizaar, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Netizaar and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Netizaar.
You and Netizaar acknowledge that, as between Netizaar and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Netizaar acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Netizaar and Apple, Netizaar, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Netizaar acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at feedback@netizaar.com or through the Feedback section of the Services. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Promotions
Netizaar may sponsor and run sweepstakes, contests and similar promotions (collectively, "Promotions") through the Services. You should carefully review any additional terms and conditions governing each Promotion ("Official Rules"). To the extent that the terms and conditions of such Official Rules conflict with these Terms for a Promotion only, the Official Rules will govern for the Promotion in question.
General Prohibitions
You agree not to directly or indirectly do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services, or any individual element within the Services, Netizaar's name, including "Netizaar", "netizaar.com", or any Netizaar, or NetCoin, or Netizaar Score, or Netizaar trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Netizaar's express written consent;
Access, tamper with, or use non-public areas of the Services, Netizaar's computer systems, or the technical delivery systems of Netizaar's providers;
Attempt to probe, scan, or test the vulnerability of any Netizaar system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Netizaar or any of Netizaar's providers or any other third party (including another user) to protect the Services (including without limitation any Collective Content);
Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Netizaar or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Netizaar, Netizaar trademark, logo URL or product name without Netizaar's express written consent;
Use the Services (including without limitation any Collective Content) for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services (including without limitation any Collective Content) to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Netizaar will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Netizaar may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Netizaar has no obligation to monitor your access to or use of the Services or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Netizaar reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Netizaar, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.
Copyright Policy
Netizaar respects copyright law and expects its users to do the same. It is Netizaar's policy to terminate in appropriate circumstances Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Netizaar will respond expeditiously to claims of copyright infringement concerning Content on the Services that are reported to Netizaar's Designated Copyright Agent, in accordance with the copyright policy set forth below:
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Netizaar's Designated Copyright Agent. Upon receipt of the Copyright Notice as described below, Netizaar will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
DMCA Notice of Alleged Infringement ("Copyright Notice")
Deliver the Copyright Notice, with all items completed, to Netizaar's Designated Copyright Agent:
Copyright Agent c/o Netizaar Inc, 50 W. 17th Street, 11th Floor, New York, NY 10011, USA; or via email to copyrightagent@netizaar.com.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that Netizaar is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Netizaar of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
Content Removal and Disabling or Terminating Your Account
We can remove any content or information you share on the service if we believe that violates our Terms of Service, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate the Terms of Service or our policies, if you repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, you can send us an email at deactivate@netizaar.com.
Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. Netizaar reserves the right to revoke your access to and use of the Services at any time, with or without cause. In the event Netizaar terminates these Terms for your breach, you will remain liable for any amounts due hereunder, if applicable.
Disclaimers
THE SERVICE AND ALL COLLECTIVE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NETIZAAR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NETIZAAR MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NETIZAAR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NETIZAAR OR THROUGH THE SERVICES AND/OR COLLECTIVE CONTENT WILL GIVE RISE TO ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH AND REVIEWS ABOUT OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT NETIZAAR DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES NETIZAAR MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. NETEIZAAR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Indemnity
You agree to defend, indemnify, and hold Netizaar, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services (including without limitation any Collective Content), or your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND ANY COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER NETIZAAR NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NETIZAAR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL NETIZAAR'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO NETIZAAR (IF ANY) OVER THE THREE (3) MONTH PERIOD PRECEDING THE BRINGING OF THE APPLICABLE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NETIZAAR AND YOU.
Proprietary Rights Notices
All trademarks, including NetizaarTM, NetcastTM, Netizaar ScoreTM, NetCoinTM, service marks, logos, trade names and any other proprietary designations of Netizaar used herein are trademarks or registered trademarks of Netizaar. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the State of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Entire Agreement
These Terms, the Privacy Policy, and any Notices (defined below), constitute the entire and exclusive understanding and agreement between Netizaar and you regarding the Services and all Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Netizaar and you regarding the Services and any Collective Content.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Netizaar's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Netizaar may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications by Netizaar permitted or required hereunder, including those regarding modifications to these Terms, ("Notices",) will be in writing and given by Netizaar (i) via email (in each case to the address that you provide); or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Dispute Resolution
You and Netizaar agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Netizaar are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Netizaar otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Netizaar otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Netizaar submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Netizaar will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Netizaar will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Modification" section above, if Netizaar changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) to terms@netizaar.com within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Netizaar's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Netizaar in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
General
The failure of Netizaar to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Netizaar. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Netizaar
If you have any questions about these Terms or any App Store Sourced Application, please contact Netizaar at feedback@netizaar.com or at:
Netizaar Inc.
PO Box 60118 Palo Alto, CA
94306
Copyright, Netizaar, 2019-Present