Date of Last Revision: Feb 21, 2011.
Welcome to the User Agreement for WizIQ.com. The WizIQ service and website (collectively,
"WizIQ" or "the Service") are operated by WizIQ Inc. and its corporate
affiliates (collectively, "us", "we" or "the Company"). This Agreement describes
the terms on which you may access and use our services. By accessing or using our
web site at www.wiziq.com ("Site"), you (the "User") signify that you have read,
whether or not you are a registered member of WizIQ (“Member”).
the Agreement shall control. Nothing in this Agreement shall be deemed to confer
any third-party rights or benefits. If you do not agree to be bound by the terms
of this Agreement, you may not use or access our services. We reserve the right
to modify this Agreement at any time, and without prior notice, by posting the amended
terms on this website. Your continued use of the Site indicates your acceptance
of the amended Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND
EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Membership in the Service is void where prohibited. The WizIQ Service is not available
to minors under the age of 14 or to any users suspended or removed from the system
by WizIQ for any reason. Users should not have more than one active account. Additionally,
users are prohibited from selling, trading, or otherwise transferring your WizIQ
to another party. If you do not qualify, you may not use the WizIQ Service.
3. Your Right and Obligations
Registration Details and Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current
and complete information about you as may be prompted by any registration forms
on the Site ("Registration Details"); (b) maintain and promptly update the Registration
Details, and any other information you provide to Company, to keep it accurate,
current and complete; and (c) you are responsible for maintaining the confidentiality
of your password and account, and are fully responsible for all activities that
occur under your password
or account with or without your knowledge.
Agreement and Warranty
Although as an online service provider, we are not responsible for the conduct of
our users, we want WizIQ to be a safe place on the internet. Therefore, in using
WizIQ you represent, warrant and agree that no materials of any kind submitted through
your account or otherwise posted, transmitted, or shared by you on or through the
Service will violate or infringe upon the rights of any third party, including copyright,
trademark, privacy, publicity or other personal or proprietary rights; or contain
libelous, defamatory or otherwise unlawful material. In addition, you agree not
to use the Service or the Site to:
- Post content or initiate communications which are unlawful, libelous, abusive, obscene,
discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically
or otherwise objectionable.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid
schemes,” or any other form of solicitation. This prohibition includes, but is not
limited to a) Using WizIQ to connect to people who don’t know you and then sending
unsolicited promotional messages to those direct connections without their permission;
and b) Sending messages to distribution lists, newsgroup aliases, or group aliases.
- Harvest or collect email addresses or other contact information of other users from
the Service or the Site by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications.
- Use the Service or the Site in any unlawful manner or in any other manner that could
damage, disable, overburden or impair the Site; use automated scripts to collect
information from or otherwise interact with the Service or the Site; register for
more than one User account, register for a User account on behalf of an individual
other than yourself, or register for a User account on behalf of any group or entity.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but
not limited to the use of a pseudonym, uploading photographs of celebrities in your
profile, or misrepresenting your current or previous positions and qualifications,
or your affiliations with a person or entity, past or present; upload, post, transmit,
share, store or otherwise make publicly available on the Site any private information
of any third party, including, without limitation, addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers.
- Solicit personal information from anyone under 18 or solicit passwords or personally
identifying information for commercial or unlawful purposes.
- Upload, post, transmit, share 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; intimidate or harass another.
- Use or attempt to use another's account, service or system without authorization
from the Company, or create a false identity on the Service or the Site. upload,
post, transmit, share, store or otherwise make available content that, in the sole
judgment of Company, is objectionable or which restricts or inhibits any other person
from using or enjoying the Site, or which may expose Company or its users to any
harm or liability of any type.
- Sell, rent, or otherwise provide your contacts/other users contact information to
any third party for marketing purposes. Further you cannot use your contact/other
users’ contact information for marketing purposes.
Recognizing the global nature of the Internet, you agree to comply with all applicable
local rules including but not limited to rules regarding online conduct and acceptable
content. Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in
User Content Posted on the Site
You are solely responsible for the profiles, comments, messages, notes, text, documents,
presentations, videos, animation files, listings, and other content that you upload,
publish or display (hereinafter, "post") on or through the Service or the Site,
or transmit to or share with other users (collectively the "User Content"). You
may not post, transmit, or share User Content on the Site or Service that you did
not create or that you do not have permission to post. You understand and agree
that the Company may, but is not obligated to, review the Site and may delete or
remove (without notice) any Site Content or User Content in its sole discretion,
for any reason or no reason, including without limitation User Content that in the
sole judgment of the Company violates this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of users
or others. You are solely responsible at your sole cost and expense for creating
backup copies and replacing any User Content you post or store on the Site or provide
to the Company. When you post User Content to the Site, you authorize and direct
us to make such copies thereof as we deem necessary in order to facilitate the posting
and storage of the User Content on the Site.
We do not claim any ownership of the User Content. You the user may have an option
to mark the content you upload as Private (Private Content) or allow it to be used
by other users of the Site (Public Content). In case of Public Content, including
but not limited to your public profile, comments, messages, notes, text, documents,
presentations, videos, animation files, listings, and other content, you automatically
grant, and you represent and warrant that you have the right to grant to the Company
an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license
(with the right to sublicense) to use, copy, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part) and distribute such Public User
Content for any purpose on or in connection with the Site or the promotion thereof,
to prepare derivative works of, or incorporate into other works, such Public User
Content, and to grant and authorize sublicenses of the foregoing. You also hereby
grant each user of the Site (subject to such limitations, if any, that may apply
with respect to Private Content) a non-exclusive license to access your Content
through the Site, and to use, reproduce, distribute, prepare derivative works of,
and display such Content as permitted through the functionality of the Site and
under these Terms of Service. You may remove your User Content from the Site at
any time. However, you acknowledge that in case the User Content was Public in nature
the Company or Users may retain such Content in their own accounts. Further you
also acknowledge that the Company may retain archived copies of your User Content
whether Public or Private.
You may not post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without obtaining
the prior written consent of the owner of such proprietary rights. It is WizIQ's
policy to terminate Membership privileges of any Member who repeatedly infringes
the copyright rights of others upon receipt of prompt notification to WizIQ by the
copyright owner or the copyright owner's legal agent. Without limiting the foregoing,
if you believe that your work has been copied and posted on the WizIQ Services in
a way that constitutes copyright infringement, please provide our Copyright Agent
with the following information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (ii) a description
of the copyrighted work that you claim has been infringed; (iii) a description of
where the material that you claim is infringing is located on the WizIQ Services;
(iv) your address, telephone number, and email address; (v) a written statement
by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; (vi) a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's behalf.
WizIQ's Copyright Agent for notice of claims of copyright infringement can be reached
as follows: Copyright Agent, WizIQ Inc. 3782 Lake Spring Ave, Concord,
NC 28027, United States.
For the Users paying the yearly membership towards Premium service; WizIQ has provided
a feature using which the said Users may request payment from other WizIQ Users
for the services provided by them. These payments between the Users will be governed
by the Terms as mentioned below:
- If you have subscribed for Premium service and wish to use the Payment Request feature
you will need to provide WizIQ with your PayPal.com user id. Only existing and verified
email address can be used as PayPal.com id.
- WizIQ is not involved in the transaction; the payments will be made by the User
(you have requested payment from) directly to your PayPal account.
- You need to make sure that the PayPal.com ID provided by you is correct; WizIQ does
not assume any responsibility in case the payment is made to a wrong PayPal.com
- WizIQ will never ask for or store your PayPal account password.
- WizIQ will only report for the transactions that are generated using the WizIQ system.
- WizIQ does not deduct any commission or other service charges from these collected
- You agree not to send unsolicited email to a User or use the Services to collect
payments for sending, or assisting in sending, unsolicited email to third parties
and/or other Users.
- Usage of PayPal.com and fees related to the transactions are governed by user agreements
as listed on PayPal.com.
- You acknowledge that WizIQ may impose restrictions on the amount of single invoice
or the collective amount of money that you can request over certain duration.
You agree to receive communications from WizIQ in connection with your use of WizIQ
Services in the form of email or SMS messages, including without limitation account
activity notification, service updates, and reminders.
You are solely responsible for your interactions with other Members. WizIQ.com reserves
the right, but has no obligation to monitor disputes between you and other Members.
is incorporated into this Agreement by this reference. By accepting this User Agreement,
you agree to indemnify and otherwise hold harmless WizIQ Corporation, its officers,
employees, agents, subsidiaries, affiliates and other partners from any direct,
indirect, incidental, special, consequential or exemplary damages resulting from
i) your use of the WizIQ Service; ii) unauthorized access to or alteration of your
communications with or through the WizIQ Service, or iii) any other matter relating
to the WizIQ Service. Any business transactions which may arise between users from
their use of WizIQ are the sole responsibility
of the users involved.
you understand and agree that WizIQ may disclose personally identifiable information
if required to
do so by law or in the good faith belief that such disclosure is
reasonably necessary to comply with legal process, enforce this User Agreement,
or protect the rights, property, or safety of WizIQ, its users, and the public.
4. Our Rights and Obligations
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including but not limited
to designs, text, graphics, pictures, video, information, applications, software,
music, sound and other files, and their selection and arrangement (the "Site Content"),
are the proprietary property of the Company, its users or its licensors with all
rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted, or sold in any form or
by any means, in whole or in part, without the Company's prior written permission,
except that the foregoing does not apply to your own User Content (as defined below)
that you legally post on the Site. Provided that you are eligible for use of the
Site, you are granted a limited license to access and use the Site and the Site
Content and to download or print a copy of any portion of the Site Content to which
you have properly gained access, provided that you keep all copyright or other proprietary
notices intact. Except for your own User Content, you may not upload or republish
Site Content on any Internet, Intranet or Extranet site or incorporate the information
in any other database or compilation, and any other use of the Site Content is strictly
prohibited. Such license is subject to this Agreement, and does not include use
of any data mining, robots or similar data gathering or extraction methods. Any
use of the Site or the Site Content other than as specifically authorized herein,
without the prior written permission of Company, is strictly prohibited and will
terminate the license granted herein. Such unauthorized use may also violate applicable
laws including without limitation copyright and trademark laws and the applicable
communications regulations and statutes. Unless explicitly stated herein, nothing
in this Agreement shall be construed as conferring any license to intellectual property
rights, whether by estoppels, implication or otherwise. This license is revocable
at any time without notice, and with or without cause.
You acknowledge that WizIQ reserves the right to charge for the WizIQ Services and
to change its fees from time to time in its discretion. If WizIQ terminates your
membership because you have breached the Agreement, you will not be entitled to
the refund of any unused portion of subscription fees paid by you.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to
other web sites ("Third Party Sites") as well as articles, photographs, text, graphics,
pictures, designs, presentations, music, sound, video, information, applications,
software and other content or items belonging to or originating from third parties
(the "Third Party Applications, Software or Content"). Such Third Party Sites or
Third Party Applications, Software or Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third Party Sites accessed through the Site or any Third Party Applications,
Software or Content posted on, available through or installed from the Site, including
without limitation the content, accuracy, offensiveness, opinions, reliability,
privacy practices or other policies of
or contained in the Third Party Sites or
the Third Party Applications, Software or Content. Inclusion of, linking to or permitting
the use or installation of any Third Party Site or
any Third Party Applications,
Software or Content does not imply approval or endorsement thereof by us. If you
decide to leave the Site and access the Third Party Sites or to use
or install any
Third Party Applications, Software or 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 site to which you navigate from the Site or relating to any applications
you use or install from the site.
Rights of Termination
The Company may terminate your membership, delete your profile and any content or
information that you have posted on the Site or through any Platform Application
and/or prohibit you from using or accessing the Service or the Site or any Platform
Application (or any portion, aspect or feature of the Service or the Site or any
Platform Application) for any reason, or no reason, at any time in its sole discretion,
with or without notice. Furthermore, you agree that all terminations shall be made
in WizIQ’s sole discretion and that WizIQ shall not be liable to you nor any third-party
for any termination of your account or access to the WizIQ Service.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable
law, Company has adopted a policy of terminating, in appropriate circumstances and
at Company's sole discretion, Members who are deemed to be repeat infringers. Company
may also at its sole discretion limit access to the Site and/or terminate the memberships
of any users who infringe any intellectual property rights of others, whether or
not there is any repeat infringement.
6. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE WizIQ SERVICE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS AND THAT WizIQ DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR
PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN
USERS. WizIQ ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS
BETWEEN USERS. WizIQ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WizIQ MAKES NO WARRANTY THAT (i) THE WizIQ SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE WizIQ SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WizIQ SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE WizIQ SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WizIQ SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM WizIQ OR THROUGH OR FROM THE WizIQ SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WizIQ SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WizIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. IN NO EVENT WILL WizIQ’S TOTAL CUMULATIVE DAMAGES EXCEED US$
8. Governing Law
The User Agreement between you and WizIQ Inc. will be governed by, and construed
in accordance with the laws of the State of North Carolina without regard to conflict
of laws principles.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback
or other information about the Site or the Service ("Submissions"), provided by
you to Company are non-confidential, and shall become the sole property of Company.
Company shall own exclusive rights, including all intellectual property rights,
and shall be entitled
to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation
This Agreement is accepted upon your use of the WizIQ Website or any of the WizIQ
Services and is further affirmed by you becoming a Member. This Agreement constitutes
the entire agreement between you and WizIQ regarding the use of the WizIQ Services.
The failure of WizIQ to exercise or enforce any right or provision of this Agreement
will not operate as a waiver of such right, or provision. The section titles in
this Agreement are for convenience only, and have no legal or contractual effect.
WizIQ is a trademark
of WizIQ Inc. This Agreement operates to the fullest
extent permissible by law. If any provision of this Agreement is unlawful, void
or unenforceable, that provision is deemed severable from this Agreement and does
not affect the validity and enforceability of any remaining provisions.