Terms of Service

Welcome to Vizz!

We have drafted these Terms of Service (referred to as the "Terms") to clarify the rules that govern our relationship with you. While we have made an effort to simplify the language, these Terms form a legally binding contract between you and Vizz. Therefore, please read them carefully.

By using our Services, you agree to abide by these Terms. If you do not agree, please do not use our Services.

The following Terms outline your obligations when using our mobile application (“App”) or Service (as defined herein), including any information, text, graphics, videos, or other materials created or provided through the App or the Service. We also encourage you to review our Privacy Policy, which is part of these Terms and explains how we manage any personal information you may provide.

The App and the Service are owned and operated by Vizz. (“Vizz,” “we,” or “us”) and are accessed by you under the Terms of Service described herein (“Terms of Service” or “Agreement”). Please read these Terms of Service carefully before using the App or the Service. By accessing the App or using any part of the Service, you agree to become bound by these terms and conditions. If you do not agree to all these terms and conditions, then you may not access the App or use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

1. Who Can Use the Services

No one under 18 years of age is permitted to create an account or use the Services. We may offer additional Services with terms requiring you to be older. By using the Services, you represent that:

• You can form a binding contract with Vizz.

• You will comply with these Terms and all applicable laws.

If you are using the Services on behalf of a business or entity, you confirm that you are authorized to agree to these Terms on behalf of that entity.

You hereby warrant that you are at least 18 years old. In the event that the information you provide in this regard is not truthful, Vizz shall not be liable as it cannot verify the age of its users. If you are under 18 years old, do not attempt to register or use the App or the Service. If you are under the age of 18, you may use the Service, with or without registering, only with the approval of your parent or guardian. In addition, you should review these terms with your parent or guardian to make sure that you and your parent or guardian understand and agree with these terms.

2. Rights We Grant You

Vizz grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

3. Rights You Grant Us

Many of our Services allow you to create, upload, post, send, receive, and store content. When you do, you retain any ownership rights in that content. However, you grant us a license to use that content, the scope of which depends on the Services you use.

For all Services, you grant Vizz a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, and distribute that content for operating, developing, and improving our Services.

Because Local is inherently public and chronicle matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to the rights you grant us in connection with other Services, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display content submitted to Local or any other crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it's necessary, you also grant Vizz and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, Local content that you upload or send. This means, among other things, that you will not be entitled to any compensation from Vizz or our business partners if your name, likeness or Local.

While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service.

The Services may contain advertisements. In consideration for Vizz letting you access and use the Services, you agree that Vizz, its affiliates, and third-party partners may place advertising on the Services.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

You agree to receive emails or text messages about its management and operation sent by this website.

4. The Content of Others

Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Vizz reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.

Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms.

We do not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any content contributed by users or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User Contributed Content of any Vizz user will be at your own risk.

5. Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Vizz can collect, use, and transfer your information consistent with that policy.

6. Respecting Other People's Rights

Vizz respects the rights of others. And so should you. You therefore may not upload, send, or store content that:

• Violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;

• Bullies, harasses, or intimidates others;

• Defames, spams, or solicits Vizz’s users;

• Is inappropriate to other users or illegal, including, but not limited to, anything that is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes violence, discrimination, bigotry, racism, or hatred, as determined by Vizz in its sole discretion;

• Introduces viruses, time-bombs, worms, cancelbots, Trojan horses, or other harmful code;

• Attempts to gain unauthorized access to any portion of the Services, or any systems or networks by hacking, password "mining" or any other illegitimate means;

• Uses any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm, or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Services or any data or materials contained therein;

• Asks for or offers sexually explicit images or engages in any activity harmful to minors or otherwise violates these terms.

You must also respect Vizz’s rights. These Terms do not grant you any right to:

• Use branding, logos, designs, photographs, videos, or any other materials used in our Services;

• Copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;

• Use the Services or any content on the Services for any commercial purposes without our consent.

In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content contributed by Vizz users, such as content that violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

• Satisfy any applicable law, regulation, legal process, or governmental request;

• Enforce these Terms of Service, including investigation of potential violations hereof;

• Detect, prevent, or otherwise address fraud, security, or technical issues;

• Respond to member support requests, or protect our rights, property, or safety, and that of our users and the public.

We will not be responsible or liable for the exercise or non-exercise of this right under these Terms of Service.

You understand that by using or accessing the App or the Service you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User Contributed Content, or any loss or damage of any kind incurred as a result of the use of any Vizz content or content posted by users which are posted, emailed, transmitted, or otherwise made available on the App or through the Service.

7. Respecting Copyright

You agree to only upload, post, submit, or otherwise transmit User Contributed Content:

• That you have the lawful right to use, copy, distribute, transmit, or display;

• That does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Vizz respects the legal rights of others and asks that its users do the same.

Vizz honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If Vizz becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please fill out this form. Or you may file a notice with us: [email protected]

If you file a notice with our Copyright Agent, must:

• contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;

• identify the copyrighted work claimed to have been infringed;

• identify 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 let us locate the material;

• provide your contact information, including your address, telephone number, and an email address;

• provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• provide 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.

8. Safety

We try hard to keep our Services a safe place for all users. But we cannot guarantee it. That's where you come in. By using the Services, you agree that:

• You will not use the Services for any purpose that is illegal or prohibited in these Terms.

• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user's information.

• You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.

• You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.

• You will not use or attempt to use another user's account, username, or password without their permission.

• You will not solicit login credentials from another user.

• You will not post content that contains pornography, graphic violence, threats, hate speech, guns or other weaponry, or incitements to violence.

• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.

• You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.

• You will not probe, scan, or test the vulnerability of our Services or any system or network.

• You will not encourage or promote any activity that violates these Terms.

We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Vizz users who violate these Terms of Service. You acknowledge that we have the right to monitor your access to or use of the App and/or the Service for operating purposes, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm's way.

9. Your Account

You are responsible for any activity that occurs in your account. So it's important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account.

By using the Services, you agree that, in addition to exercising common sense:

• You will not create more than one account for yourself.

• You will not create another account if we have already disabled your account, unless you have our written permission to do so.

• You will not buy, sell, rent, or lease access to your Vizz account without our written permission.

• You will not share your password.

• You will not log in or attempt to access the Services through unauthorized third-party applications or clients.

If you think that someone has gained access to your account, please immediately reach out to Vizz Support at: [email protected]

10. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.

11. Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Vizz is not responsible or liable for those third party's terms or actions taken under the third.

12. Modifying the Services and Termination

We're relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

Vizz may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity or inappropriate behavior, and we may reclaim your username at any time for any reason.

13. Indemnity

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Vizz, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to:

• your access to or use of the Services;

• your content;

• your breach of these Terms.

14. Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

The services are provided "as is" and "as available" and to the extent permitted by applicable law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, while Vizz attempts to provide a good user experience, we do not represent or warrant that:

• the services will always be secure, error-free, or timely;

• the services will always function without delays, disruptions, or imperfections;

• that any Vizz content, user content, or information you obtain on or through the services will be timely or accurate.

Vizz takes no responsibility and assumes no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services. you understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Vizz will be responsible for.

15. Limitation of Liability

To the maximum extent permitted by law, Vizz and our managing members, shareholders, employees, affiliates, licensors, and suppliers will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• your access to or use of or inability to access or use the services;

• the conduct or content of other users or third parties on or through the services;

• unauthorized access, use, or alteration of your content, even if Vizz has been advised of the possibility of such damages. In no event will Vizz's aggregate liability for all claims relating to the services exceed the greater of $100 usd or the amount you paid Vizz, if any, in the last 12 months.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

16. Arbitration

This Vizz shall be construed and governed by the laws of Australia. Any and all disputes shall be first settled by the Parties’amicable negotiation. If the negotiation fails, the dispute shall be submitted to Australia International Arbitration Centre for arbitration in accordance with the arbitration rules in force when applied. The venue will be Australia. The arbitral award shall be final and binding upon the parties.

17. Choice of Law

Except to the extent they are preempted by the laws of Australia, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

18. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

19. Additional Terms for Specific Services

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.

20. Final Terms

• These Terms make up the entire agreement between you and Vizz, and supersede any prior agreements.

• These Terms do no create or confer any third-party beneficiary rights.

• If we do not enforce a provision in these Terms, it will not be considered a waiver.

• We reserve all rights not expressly granted to you.

• You may not transfer any of your rights or obligations under these Terms without our consent.

• These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.

Contact Us

Vizz welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting https://vizzlive.com

Vizz is operated by Vizz.