Terms of Use

TERMS OF USE OF SCHMOOZD.COM

Welcome to Schmoozd.com, the website and online service of Creativewhiz, Inc. (“Company” “we,” or “us”). This page explains the terms by which you may use our service. By accessing or using the Company services, website and software provided through or in connection with the service (“Service”), you signify that you have read, understood, and agree to be bound by this Terms of Use (“Agreement”), whether or not you are a registered user of our Service.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING THE SITE (AS DEFINED BELOW) AND USING ANY PART OF OUR SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS HEREUNDER, THEN YOU MAY NOT ACCESS OUR SITE OR USE OUR SERVICES. OUR ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY US, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

These Terms of Use constitute a binding agreement with respect to your use of the website www.Schmoozd.com (the “Site”).  By using the Site you agree to these Terms of Use. These Terms of Use may be updated or modified from time to time, without notice to you.  You shall be responsible for regularly reviewing these terms and becoming familiar with any updates or modifications.  Your continued use of the Site constitutes your acceptance to the new Terms of Use.

These Terms of Use were last updated on January 01, 2017.

ELIGIBILITY

To receive the Services you must be either a company or, if you are an individual, at least 18 years old. Further, you may only use the Services if you live (or if the company is located) in a country and political division (e.g., state or province) that permits the use of the Services. If you do not so qualify, do not attempt to use the Services. This Terms of Use will be void and without effect, and you will not be eligible to use any Services, if you do not satisfy these age and jurisdiction requirements.

DESCRIPTION OF THE SERVICES.

Subject to full compliance with the Terms of Use, We shall provide you the Services. “Services” may include, but not be limited to, the facilitation of transactions between its users, the storage, management, sharing, linking and provision of information, media, document files and the like (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, software, audio, video, product information, services information and similar materials provided by the Company or third party users, also collectively known as “Content”). The Services that the Company provides are always evolving and the form and nature of the Services that the Company provides may change from time to time without prior notice to you.   We may change, suspend or discontinue the Services or any Content for any reason, at any time, including the availability of any feature or part of Content. We may also impose limits on the Services or restrict your access to parts or all of the Services without notice or liability. You understand and agree that the Services are provided “AS-IS” and that we assume no responsibility for transactions between users, and the timeliness, deletion, mis-delivery or failure to store any user communications, personalization settings or Content. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Services.

The Services may include advertisements, which may be targeted to Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by the Company on the Services are subject to change. In consideration for the Company granting you access to and use of the Services, you agree that the Company and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

The Site publishes demos and news. In other words, the Site is a news site. Information on the Site and any communications service may contain errors or inaccuracies.  The Site and any communications service does not make any warranty as to the truthfulness, accuracy or reliability of any material posted on the Site and assumes no responsibility for unintended, objectionable, inaccurate or misleading content on the Site.

PRIVACY POLICY.

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking here.  The Company’s privacy policy is expressly incorporated into these Terms of Use by this reference.

COPYRIGHT INFORMATION.

This Site and all materials incorporated in the Services are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by the Company and third parties. The Company respects the intellectual property rights of others and asks users of the Services to do the same.

USE OF THE SITE AND SERVICES.

Your right to make use of this Site and our Services is subject to your compliance with these Terms of Use. The Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized. The Site grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company.

This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by the Company.  We reserve the right to remove any posted material. We further reserve the right to terminate providing Services to you as determined in out sole and absolute discretion.

Accordingly, without limitation, you agree not to use the Services:

  • to abuse, harass, threaten, impersonate or intimidate any person;
  • to access, post, email, download, reproduce, display, perform, distribute or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that is unlawful, harmful, threatening, vulgar, invasive of another’s privacy, libelous, defamatory, obscene, pornographic, promotes illegal activities, violent, racist, sexist, homophobic, discriminatory, abusive, or offensive;
  • to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user;
  • to create or submit unwanted email (“Spam”) to any other  user or any URL;
  • to “stalk” another user;
  • for the benefit of any third party (which shall include, without limitation, allowing more than one person to use a Services account) when not expressly authorized by the Company;
  • to harm minors in any way;
  • to impersonate any other person or entity;
  • to upload, email, transmit or otherwise make available content in violation of any contractual or other legal obligation, to which you are bound;
  • to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • to intentionally or unintentionally violate any applicable local, state, national or international law;
  • to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services;
  • to promote or endorse any political issues or candidates;
  • to collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through p above;
  • to link to any website with content that is offensive, indecent or objectionable; and/or
  • to make offers or solicitations that are not valid, not honored, misrepresentative, illegal or inappropriate.

Additionally, you agree that you will not take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure.

Also, in using the Site, you agree:

  • Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites;
  • Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
  • Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; or
  • Not to decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on the Site.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site so long as the link does not portray the Site, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without the Company’s express written permission.

THIRD PARTY WEBSITES.

The Site may link to third party websites on the Internet.  Because the Company has no control over the content and performance of these third party websites, the Company makes no guarantees about the accuracy, integrity, content or quality of the information or services provided by such websites, and the Company assumes no responsibility for objectionable, inaccurate, misleading or unlawful content that may reside on those websites.   The inclusion of such a link does not imply endorsement of any site by the Company or any association with its operators. Under no circumstances will the Company be liable in any way for any information or services provided by any third party websites linked from the Site.

The Company cannot ensure that you will be satisfied with any products or services that you purchase from any third party website that links to or from the Site.

The Company does not endorse any of the merchandise, nor has the Company taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites. The Company does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against the Company with respect to such third party websites. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third party websites.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, QUALITY, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE THIRD PARTY WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK.

COMMENTS, EMAILS, TIPS, AND OTHER COMMUNICATIONS

You are welcome to post reviews, comments, and other content and submit tips, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.  The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit tips to the Company, including emails sent to official email addresses of the Company or its agents, employees, affiliates or assigns, and unless we indicate otherwise, you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and its affiliates and sublicensees the right to use the name and email address that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate the Terms of Use and will not cause injury to any person or entity.  The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

DISCLAIMER OF WARRANTIES.

THE SITE HEREBY DISCLAIMS ALL WARRANTIES.  THE SITE IS MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE SITE DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SERVICES ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK.  YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE.

LIMITATION ON LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SITE’S LIABILITY TO YOU IS LIMITED.  IN NO EVENT SHALL THE SITE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

PROPRIETARY RIGHTS

The Company respects the intellectual property of others and asks users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify us.

Moreover, the Company may take any action it deems appropriate (in its sole and absolute discretion), including, without limitation, removing, terminating or suspending any Content provided by you or any third party, if the Company believes for any reason that you or any third party possesses insufficient rights in Content to permit full use or access through the Site.

The Company’s Rights: As between the Company and you, the Company and its affiliates and licensors own and retain all rights in the Services, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Company and except to the limited extent expressly prohibited by applicable law, you may not (nor permit others to) reverse engineer, copy, modify, publish, transmit, distribute, perform, display or sell any of the Company’s proprietary information.  trademarks and service marks and other logos and product and service names are trademarks of the Company (the “Marks”). Without the Company’s prior permission, you agree not to display or use in any manner the Marks.  Moreover any attempt to use any “spider”, “robot”, “bot”, “scraper” “data miner” or any program, device, algorithm, process or methodology to access, acquire, copy or monitor the Sites or pages, data or content found on the Sites for the purpose of  scraping the Services or Content without the prior consent of the Company is expressly prohibited.

Your Rights: It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any Content owned or controlled by third parties that you access or communicate to others in connection with the Services. Any copying, downloading, burning or distribution capabilities with respect to Content shall not constitute a grant or waiver of any rights of the copyright owners of any Content. The availability of any Content does not transfer to you any commercial or promotional use rights in Content.

You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Services, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content (text, video or content in any form) on or through the Services, you grant the Company a worldwide, perpetual, non-exclusive, irrevocable, transferable, assignable, royalty-free license (with the right to sublicense) to create derivatives of and to use, store, edit, copy, reproduce, display, archive, reproduce , reprint,  process, modify, such Content on the Services for the purpose of displaying, distributing and promoting the Services or any other format or channel. You represent that you have all necessary licenses, rights, consents and permission to provide the User Submission and to grant the foregoing licenses.

You agree that this license includes the right for the Company to make such Content available to other companies, organizations or individuals who partner with the Company for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to these Terms of Use for such Content use.

Such additional uses by the Company, or other companies, organizations or individuals who partner with the Company, may be made with no compensation paid to you with respect to Content that you submit, post, transmit or otherwise make available through the Services.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be rebroadcasted by the Company’s partners and if you do not have the right to submit Content for such use, it may subject you to liability. The Company will not be responsible or liable for any use of your Content by the Company in accordance with this Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

The Company grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by the Company as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the Company, in the manner permitted by this Terms of Use.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR INTELLECTUAL PROPERTY INFRINGEMENT.

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement. The Company has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention.  If you have evidence, know or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Company’s designated agent at the following e-mail: schmoozd@gmail.com.

INDEMNITY.

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, your comments, tips or email submissions or your infringement of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

GOVERNING LAW.

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, in all disputes arising out of or related to the use of the Site.  The Site is controlled and operated from and within the State of California, United States of America.

DISPUTES

Notwithstanding the foregoing sentence, (but without limiting, and you hereby acknowledge and agree to, the Company’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising from or relating to these Terms of Use (including the enforceability of this arbitration provision) shall be referred to and administered by a single arbitrator in accordance with the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) Streamlined Arbitration Rules and Procedures. The arbitrator shall be affiliated with JAMS and selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Los Angeles County, California using the English language and pursuant to the rules of (and administered by) JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees.

SEVERABILITY; WAIVER.

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

ENTIRE AGREEMENT.

These Terms of Use constitute the entire agreement between you and the Company and governs and your use of the Company, superseding any prior agreements with respect to the Site or the Services.  You also may be subject to additional terms and conditions that may apply when you use or purchase certain other third party content or services.

ACKNOWLEDGEMENT.

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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