Terms & Conditions

Commonwealth of Virginia	Rev. 133ED55
TERMS OF USE   Wizzor and Wizzorchat, services of Sidepatch, LLC

 

Version Date: September 12, 2023

TERMS OF USE AGREEMENT 

 

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Sidepatch, LLC and Wizzor, a wholly owned product service operated by Sidepatch, LLC and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the https://www.Wizzor.net, as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). The Website provides the following service:  A communications tool, a combination of Wizzor and Wizzorchat, which provides capabilities to send and receive messages, photos, videos, manage documents and files, do file sharing, receive world news, communicate via VoIP and video phone, file share, make announcements, maintain contacts, have a calendar, trade via a flea market, upload and download original music, as well play games. Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference. 

Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Company Services. 

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE. 

 

PURCHASES; PAYMENT 

Wizzor is a subscription service free for thirty days and billed monthly thereafter.  Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars. 

RETURN POLICY, CANCELLATION, and ACCOUNT DELETION

Please review our Return Policy posted on our Website prior to making any purchases.  You may terminate your subscription account and services at any time.  Upon cancellation of account all files and date stored within the account will be deleted. 

USER REPRESENTATIONS 

Regarding Your Registration 

By using the Company Services, you represent and warrant that: 

1. All registration information you submit is truthful and accurate;
2. You will maintain the accuracy of such information;
3. You will keep your password confidential and will be responsible for all use of your password and account;
4. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
5. Your use of the Company Services does not violate any applicable law or regulation. 
6. You agree to the acceptance of SMS messages from Wizzor, people of your contact list, through chat messaging, and from members of groups that you may join through Wizzor and Sidepatch activities.  (Sidepatch, LLC is the owner operator of Wizzor.)

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). 

Regarding Content You Provide 

The Website may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Company and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions").  Any Contributions you transmit to  Company will be treated as non-confidential and non-proprietary.  When you create or make available a Contribution, you thereby represent and warrant that: 

1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
2. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
3. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
4. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
5. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
6. your Contribution does not include hate speech or any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap; We ask that Group leaders remove persons doing so from their groups and notify Administrator@Wizzor.net of such infractions. Persons in violation of this section will receive one warning, and such following acts will result in termination of subscription and removal from Wizzor and Wizzorchat.
7. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation. 
8. your content postings within the Wizzor Market and or Books will have an automatic expiration at the end of thirty days. Your posting will be deleted at the end of that time unless deleted prior to that time or reposted by clicking on the repost button extending the time limit.  Reposting can be done as many times as you desire.
9. upon cancellation of subscription all content and postings you have entered will be permanently deleted.

 

CONTRIBUTION LICENSE 

Wizzor, Sidepatch, LLC, and its services do not data mine or sell information related to you, your account, or activities to third parties. However, by posting Contributions to any part of the Website, or making them accessible to the Website by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. 

Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement. 

By uploading your Contributions to the Website, you hereby authorize Company to grant to each end user a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind. 

GUIDELINES FOR REVIEWS

Company may accept, reject or remove reviews in its sole discretion.  Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.  Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative.  Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company.  Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review.  By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews. 

MOBILE APPLICATION LICENSE 

Use License 

If you are accessing the Company Services via a mobile application, then Company grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not:

(a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

 (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;

(c) violate any applicable laws, rules or regulations in connection with your access or use of the application;

(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application;

(e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;

(g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;

(h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or

(i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

 Terms Applicable to Devices 

The following terms apply when you use a mobile application to access the Company Services. You acknowledge that this Agreement is concluded between you and Company only.  The Company, not an App Distributor, is solely responsible for the Company application and the content thereof.

(1) SCOPE OF LICENSE: The license granted to you for the Company application is limited to a non-transferable license to use the Company application on a device that utilizes the system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.

(2) MAINTENANCE AND SUPPORT: Company is solely responsible for providing any maintenance and support services with respect to the Company application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Company application.

(3) WARRANTY: Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Company application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Company application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Company application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.

(4) PRODUCT CLAIMS: You acknowledge that Company, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Company application or your possession and/or use of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Company application or your possession and use of the Company application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

(6) LEGAL COMPLIANCE: 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.

(7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the Company application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Company application.

(8) THIRD PARTY BENEFICIARY: Company and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

 SOCIAL MEDIA 

As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either:

• providing your Third Party Account login information through the Website; or
• (ii) allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Company and/or grant Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers.
• By granting Company access to any Third Party Accounts, you understand that
• (i) Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and
• (ii) Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Company’s access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time.
• PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any Social Network Content. You acknowledge and agree that Company may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website. At your request made via email to our email address listed below, or through your account settings (if applicable), Company will deactivate the connection between the Website and your Third Party Account and delete any information stored on Company’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

 

 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services ("Submissions") provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

MARKET PLACE RULES

1. No advertising in the form of banners, posters, or pop-ups.
2. As Wizzor is a communications tool, businesses may contact their own customer contacts and make announcements to their customer groups.
3. A member may reach out to a business or member and ask to join a particular contact list.  In doing so, the member has invited communications between himself and the business member.
4. Customer may ask to be deleted from a business's contact list at any time.

AFFILIATE RULES

1. The Affiliate section is primarily for businesses, organizations, non-profit organizations, religious congregations of any denomination, civic organizations, clubs, associations, professionals, but individuals may also participate.
2. A Wizzor Affiliate can select or generate a promotional code, which will be identified with their Wizzor account. They can refer their contacts, clients, customers, and friends to Wizzor using this code and receive a twelve percent, (12%), commission of the monthly subscription paid by each subscribing member they refer.
3. Payment of commissions to Affiliates will be on a monthly basis via PayPal. Payment will consist of the total amount for accumulated paying subscribers during the month less fees charged us by intermediary fiduciary providers such as PayPal.  Note:  The first thirty days are free to each subscriber.  Once the subscription begins the monthly fee is collected by the respective device’s app store.  In turn, payment to Sidepatch, the owner operator of Wizzor, can take up to thirty days.  Payment to Affiliates could take another fifteen days or more.
4. Affiliates will have a dashboard telling the number of active subscribers with respect to the codes they control.
5. Payment of commission is based solely on the number of active paying subscribers of Wizzor connected by the affiliates referral code. Should a member cancel, no further commission will be due on that subscriber.
6. Should an affiliate cancel membership subscription no further commissions will be paid or distributed.
7. Abuse of any of the rules or purpose of Wizzor will result in the termination of the Affiliate relationship.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which Company makes it available.  The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company.  Prohibited activity includes, but is not limited to:

1. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
2. attempting to impersonate another user or person or using the username of another user
3. criminal or tortious activity
4. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website
5. deleting the copyright or other proprietary rights notice from any Website content
6. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
7. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software
8. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you
9. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
10. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
11. selling or otherwise transferring your profile
12. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company
13. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords
14. using any information obtained from the Website in order to harass, abuse, or harm another person
15. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau
16. using the Website in a manner inconsistent with any and all applicable laws and regulations
17. there is no tolerance for objectionable content or abusive users.  Company will act upon any objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content.  Should you be the victim of such objectionable content, contact the administrator@wizzor.net to report the inappropriate content, date sent, and who sent the content that we may take action.

 INTELLECTUAL PROPERTY RIGHTS 

The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. 

Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks. 

THIRD PARTY WEBSITES AND CONTENT 

The Website contains (or you may be sent through the Website or the Company Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

 SITE MANAGEMENT

 Company reserves the right but does not have the obligation to:

1. monitor the Website for violations of this Agreement;
2. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
3. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;
4. in Company’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
5. otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website.