The terms “Wizadz”, “us”, “we” or “our”, refer to Wizadz Ltd., the owner of the Site (as defined below). The term “you” refers to the User (as defined below) of the Site.
For the purposes hereof:
• “Google” means Google Inc.
• “Google Adwords” means the Google Advertising Program.
• “Content” means any content provided by you to Wizadz or uploaded or posted by you to the Site.
• “Service” means the Wizadz Site and all the services provided by Wizadz.
• “Site” means the Wizadz Internet site at http://www.wizadz.com.
• “User” means you or any person using the Site or the Service.
2. The Service
The Site is a platform for formatting and publishing ads for your business.
You expressly acknowledge and agree that use of the Site and the Service, and any consequences thereof, are at your sole risk, responsibility and liability.
Our Service requires you to open a user account. In order to do that you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Such registration may require you to provide slogans, “target words” or any other information regarding you and/or your business. Upon establishing your user account you will be required to indicate your monthly media budget (“Media Budget”) which will be used for formatting and purchasing ads for your business, while using Google Adwords, as described below. You will also be required to provide a valid method of payment (“Payment Method”).
You are solely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Wizadz immediately of any unauthorized use of your account or any other breach of security. Wizadz will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Wizadz or another party due to someone else using your account or password. You may not use anyone else’s user account without the permission of the user account holder.
The Service uses Google Adwords. Based on the information you provide to us, Wizadz will establish a Google Adwords account which Wizadz may use in order to format and purchase ads for your business (“Adwords Account”).
Wizadz shall be the sole owner of the Adwords Account.
We bear no responsibility for any decision of Google or any affiliate of Google not to authorize the publication of ads containing any Content or any part thereof.
We bear no responsibility for the context in which your ad is displayed by Google.
You may request that Wizadz address Google in order to implement certain modifications to the Adwords Account (“Modification Request”). Wizadz will communicate such Modification Request within two (2) business days from the day it receives your Modification Request. However, Wizadz may, at its sole discretion, decide not to communicate to Google any Modification Request which, in Wizadz’s view, is inappropriate or unpractical.
You hereby expressly agree to, and acknowledge that your use of the Service, including without limitation any Content you provide to Wizadz, shall be subject to all applicable Google terms and policies, including the Google Adwords Terms available at www.google.com/ads/terms and all policies available at www.google.com/ads/policies (“Google Terms and Policies”). Google may add to, delete from or modify the Google Terms and Policies at any time. You should look at these Google Terms and Policies regularly. “Google”, “Google Adwords” and the “Google Logo” are registered trademarks of Google Inc.
Wizadz charges a service commission equal to ten percent (10%) of the Media Budget (“Monthly Service Commission”), VAT may be included subject to the country your business is registered in.
Wizadz reserves the right, at any time and from time to time, to change the Monthly Service Commission and will notify you on such a change to the Monthly Service Commission by sending an email to the email address you provided upon registration (“Email Notification”). Such a change to the Monthly Service Commission will become effective within thirty (30) days from the moment the Email Notification was sent.
Wizadz will charge your Payment Method, on a monthly basis for the Media Budget and the Monthly Service Commission (“Monthly Payment”). If a portion of the Media Budget is not fully utilized during a certain month, then such portion of the Media Budget will be deducted from the Monthly Payment for the following month.
Subject to the terms described below, you may request a refund of a Monthly Payment. Refund requests shall be sent to the following email address: support@Wizadz.com and should indicate your (1) full name; (2) user name for the Site; (3) the Monthly Payment you ask to refund; and (4) the reason for the refund request (“Refund Request”). You will be required to pause your account prior to sending the Refund Request.
Wizadz processes Refund Requests within forty eight (48) hours from receipt of the Refund Request.
Sums in your account which were already used for formatting or purchasing ads for your business, as well as the Monthly Service Commission, will not be refunded.
3. The Content
You hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use, copy, reproduce, process, adapt, modify, publish and display the Content anywhere over the Internet.
You bear the sole responsibility for all Content. You acknowledge and agree that we are not responsible for examining or evaluating the Content, accuracy, completeness, timeliness, validity, copyright compliance, legality, appropriateness, decency, truthfulness, integrity, quality, reliability, or any other aspect of the Content.
You acknowledge that the ads compiled using the Service are based on the Content you provide (including any “target words” and slogans), that any aspect of such ads will be affected by such Content and that therefore Wizadz may not guaranty the success or effectiveness of such ads.
You acknowledge that dissimilarities may exist between the Content and any ad composed for your business using the Service.
You undertake to notify Wizadz of any complaint you receive with regard to any Content or ad concerning your business, including all ads compiled using the Service or Google Adwords.
Wizadz does not warrant or endorse, does not assume and will not have any liability or responsibility to you or any other person for any Content.
4. Restrictions on the Use of the Site and Service
You may not do any of the following while accessing or using the Site and/or the Service:
• Use the Site to generate and/or distribute any Content which is harmful, threatening, tortuous, abusive, causes harassment, defamatory, vulgar, obscene, libelous, hateful, is otherwise unlawful, misleading, malicious, or discriminatory or which harms minors in any way;
• Use the Site to generate and/or distribute any Content which is not “child proof”;
• Use the Site to generate and/or distribute any Content which is directed at minors under the age of 12;
• Use the Site to generate and/or distribute any Content which contains, advertises or promotes reference (directly or by way of implication) to sexual content (including, but not limited to, nudity, graphic sex acts, or sexually explicit material), pornography or any other mature content of any kind;
• Use of the Site to advertise, promote or include reference (directly or by way of implication) to violence of any kind (including, but not limited to, depictions of gratuitous violence); to alcohol, drugs or tobacco; to gambling of any kind; and/or to weapons of any kind;
• Use the Site to generate and/or distribute any Content which infringes or violates any patent, trademark, trade secret, copyright or other proprietary rights of any third party or violates any laws, contributes to or encourages infringing or otherwise unlawful conduct;
• Do anything that could disable, overburden, or impair the proper working of the Site.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Site and/or to terminate your Wizadz account, at any time, without notice and at our sole discretion.
If Wizadz becomes aware of Content which is illicit, we will report it to the appropriate authorities.
Wizadz may collect, store and use your personal and technical data in order to –
• facilitate the provision of the Service to you,
• maintain and improve Wizadz’s Site and Service, and to
• protect the rights of Wizadz, of its Users and of other third parties.
WIZADZ SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND WIZADZ HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
6. No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WIZADZ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND/OR THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY, RELIABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE.
We do not represent or warrant against interference with your satisfaction from the Site or the Service, that your access to, or use of, the Site or the Service will meet your requirements or will be error-free, uninterrupted, free of viruses, corruption, attack, interference, hacking, other security intrusion or other harmful components or that defects will be corrected.
Wizadz makes no guaranty of confidentiality or privacy of any communication or information transmitted through the use of the Site and/or Service.
No oral or written information or advice given by Wizadz or its authorized representative shall create a warranty.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WIZADZ, ITS EMPLOYEES, AGENTS, PARTNERS AND/OR LICENSORS, BE LIABLE FOR –
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, RESULTING IN ANY WAY FROM YOUR ACCESS TO OR USE OF, INABILITY TO USE OR RELIANCE ON, THE SITE AND/OR THE SERVICE; OR FOR
(B) ANY THIRD PARTY CLAIMS AGAINST YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY OF WIZADZ AND ITS EMPLOYEES, AGENTS, PARTNERS AND/OR LICENSORS, TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS (U.S. $50.00).
In addition, all responsibility or liability for any damages caused by viruses or other harmful components is hereby disclaimed.
Any cause of action by you with respect to the Site and/or any Content must be instituted within one (1) year after the cause of action arose.
Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you.
The Site contains proprietary information and material and trade secrets that are owned by Wizadz, and are protected by applicable intellectual property and other laws, including but not limited to copyright.
You hereby acknowledge that the Site as a whole constitutes an original work of authorship of Wizadz, and that all rights, ownership, title and interest in and to the Service and to the Site (excluding Content provided by Users), and the related instructions, databases, and technology embedded therein or upon which it is based, and the related patent rights, copyrights, trade secrets, trademarks and all other related intellectual property rights – are and shall remain the sole and exclusive property of Wizadz.
Wizadz hereby reserves all rights not expressly granted herein.
10. Copyright Policy
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing 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 us to locate the material; (iii) your contact information, including your address, telephone number, and an email address; (iv) your 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 (v) 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 copyright owner, and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion.
If you believe that any Content infringes upon your intellectual property rights, you should notify us as set out in Section 15 (Addresses and Notices) below.
12. Unsolicited Idea Submission Policy
You agree that any remarks, ideas, feedback, comments, suggestions or any other information that you may provide to us (collectively, a “Submission”), is entirely voluntary, and that we will be free to use any such Submissions as we will see fit, without any obligation or compensation to you or any other person sending the Submission. We will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and you hereby irrevocably assign to us all rights therein. We will not be required to treat any Submission as confidential or proprietary. You acknowledge that you are responsible for whatever material you submit, and that you will have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.
13. Unlawful Activity
14. Governing Law and Jurisdiction
15. Address and Notices
Any questions, complaints, claims or other communication to Wizadz concerning the Service should be directed to: Support@Wizadz.com.
All communications between Wizadz and you shall be in the English language only.
Compliance with Laws. You agree to use the Site only for lawful purposes, and to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and/or Service and the Content provided therein.
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Last updated: July 20, 2015