Terms of Use and Privacy Policy

06/04/2011


Terms and Conditions


These Terms of Service ("Agreement") govern your use of the wizzley.com website ("Website"). This Agreement is a legal agreement between you and Wizzley ("Wizzley"), including wizzley.com. The terms herein are not exhaustive and Wizzley reserves the right to modify this Agreement at any time and effective upon posting. By using wizzley.com or by registering as a user, you agree to abide by all the terms of this Agreement. This website is limited to users who are 18 years old or of legal age.


1. General Guiding Principles

Wizzley respects the intellectual property rights of third parties. As users of our Website, you must respect the intellectual property rights, including copyrights, of third parties. You agree to submit materials that are relevant, civil, ethical, and appropriate. No obscene, harassing, or harmful materials are allowed.


2. Material Submission

You represent and warrant that the materials you submit are original to you and accurate, you have all the necessary rights to submit such materials and to have such materials be posted on this Website, and the materials you submit do not violate and will not violate the rights of any third party or any local, state, national, or foreign law, including, intellectual property rights, right of publicity, right of privacy, or any other proprietary rights. Do not submit any material on this Website which you did not author, or which you obtained from somebody else, or which you have no rights or authority to provide. Do provide us your real name and current contact information. Do provide proper attribution and authorship information. Wizzley does not guarantee that materials you submit will be published. We reserve the right at our sole discretion to remove or eliminate access to any materials from this website, without notice to you or to any third party. You agree to accept full liability and responsibility for all materials submitted by you via this Website.


3. Feeds

You acknowledge that users of this Website may request that feeds be provided to them. By submitting your materials, you agree that users of this Website may receive feeds of your materials. You acknowledge that you authorize Wizzley and parties authorized by Wizzley to provide such feeds.


4. Reprints and Use of Materials

The copyright on published content remains entirely with the author, who grants Wizzley.com the right to use and display that content. In turn, Wizzley.com provides the available technology to create online content in an efficient and easy way.

The materials published in this Website are protected by intellectual property rights or other proprietary rights. You must contact the author of such material to get permission to reprint or copy such material or use such material outside this Website. Wizzley does not provide contact information, except those that are provided as part of the material or voluntarily provided to be displayed. Please contact the appropriate author if you wish to reprint or copy the materials or use the materials outside of this Website. We do not guarantee that author contact information will be provided. The advertisements in this Website are also protected by intellectual property rights or other proprietary rights. You must not modify, rent, lease, loan, sell, distribute or create derivative works based on the materials in this Website, including advertisements, unless you have specifically obtained the permission of the applicable owners of such materials.


5. Your Contact Information

In order to access certain features of this Website, you may be required to provide information about yourself, including identification and contact details, as part of your registration or your use of this Website. You agree that any information you give to Wizzley, including via this Website, will be accurate, correct and up-to-date.


6. License

You grant to Wizzley a perpetual, worldwide, irrevocable, non-exclusive fully-paid up and royalty free-license to reproduce, distribute, display, and use any material (or portions thereof) you submit via this Website, for as long as your content is displayed on Wizzley (and a commercially reasonable time thereafter) solely for the purpose of displaying, distributing and promoting your content on Wizzley, without payment or other consideration of any kind, or permission or notification, to you or your representatives. Wizzley may preserve and store Author Content, and may disclose such content if required to do so by law or if Wizzley believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms; (c) respond to claims that any Articles or Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Wizzley, its users and the public.


7. General Release

You hereby agree to indemnify, defend, release and hold harmless Wizzley, its affiliated entities, employees, directors, officers, licensees and assigns from any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of materials you submit or make available via this Website, including, without limitation, violations of intellectual property rights, rights of privacy, rights of publicity, rights of attribution, or other proprietary rights, or any other liability, direct or indirect, vicarious, contributory, or otherwise.


8. Disclaimer of Warranties and Limitation of Liability

Wizzley provides this Website, including any features and services provided, "as is" and without any warranty or condition of any kind, express, implied or statutory. Wizzley specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. You assume total responsibility and risk for use of the Website and any and all materials provided herein. You acknowledge that the materials on this Website are provided by third-party users. Such third-party materials are the sole responsibility of the users providing such material. Wizzley does not warrant or guarantee the accuracy, reliability, usefulness, non-infringement, completeness, or any other representations of such materials, including any provided links. You agree that you assume all risks and liabilities associated with using or relying on such materials. In no event whatsoever shall Wizzley, affiliated entities, employees, directors, officers, licensees and assigns be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, or goodwill (whether arising in tort, contract, or otherwise) regardless of Wizzley's negligence or whether Wizzley knew or should have known of the possibility of such damages, and in no event shall Wizzley total cumulative liability under this Agreement exceed $50 (US Dollars). Wizzley disclaims any and all liability for the acts, omissions, and conduct of any users, advertisers, and/or sponsors of the Website, in connection with the Website or otherwise related to any use of this Website.


9. Compliance with this Agreement

Wizzley reserves all right in our sole discretion to ensure compliance with this Agreement, including taking appropriate actions. Wizzley may disable, suspend, or block users from using this Website. Wizzley at our sole discretion may remove any and all your materials. You agree that Wizzley may release information regarding your use of this Website, including your materials, when Wizzley believes that such release is appropriate to comply with the law. You consent for us to take any and all actions we deem appropriate. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.


10. Suspected Copyright Infringement (DMCA Notice)

If you have a good faith and reasonable belief that your copyright has been infringed, please contact us and provide the following information in accordance with the Digital Millennium Copyright Act (DMCA):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and email address;
  • A 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; and
  • 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.

The form to submit your Copyright Infringement claim can be reached at https://wizzley.com/service/contact/


11. The Right to Modify, Discontinue and Terminate the Service

Wizzley reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, without liability to you or any third party. Wizzley, in its sole discretion, may terminate your use of or access to the Service, and remove and discard any Author Content, for any reason.


12. Wizzley Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. By using the Wizzley Service, You agree not to reproduce, duplicate, copy, or exploit any portion of the Service, use of the Service, or access to the Service, other than through the display and use of your Author Content. This means you agree not to hijack content from other Wizzley pages, plagiarize, set up false accounts, spam or hack pages, duplicate articles on other services, or exploit other users by selling them false information or services about Wizzley.


13. Earnings Disclaimer

"Wizzley offers Authors the ability to share in impression ad revenue from third party websites ("Impressions"). Authors may assign an affiliate ID for each third party account to their Wizzley account. For example, you can input your Amazon.com, Google Adsense, Zazzle or Allposters Services information into your Wizzley account, and Wizzley will share the Impressions with such services through that ID. You are solely responsible for verifying that you have entered a valid ID correctly. Wizzley will rotate Your third party IDs into 50% (and up to 60%) of the Impressions on the articles You create. In order to share in the Impressions, You must have a valid account from the third party provider. Impression sharing is available only for attributable Impressions – that is, Impressions that occur directly on Your articles. These Impression-sharing services are provided subject generally to these Terms of Service, and in particular the terms in this section. There may also be additional terms imposed by the third parties with whom You choose to do business. Your participation in these third party affiliate programs is voluntary and You are under no obligation to use any or all of them. Your use of the Impressions program on the Service constitutes Your agreement to uphold and be subject to these additional terms and conditions, as well as those that may be imposed by third parties with whom You may engage in the course of Your participation in Impression sharing services. By registering with third parties that share ad revenue with Users and inputting that information into the Website, You hereby appoint Wizzley as Your exclusive agent to handle all such third party ad-sharing transactions as well as to input your ID into the pages you create. Such third party will hold any revenues generated from the use of the third party services on Your articles. Such third party will track all earnings and deliver all payments to You in accordance with Your agreement with such third party." Wizzley makes no promise or representation that you will make a certain amount of money, or any money, as a result of using our Service.


14. Trademarks and Service Marks

"Wizzley" is a service mark or trademark and protected by applicable laws. Other product and company names mentioned on the Website may be the trademarks of their respective owners.



Privacy Policy and Disclaimer


Thank you for visiting Wizzley.com. Your privacy is important to us. As such, we provide this privacy statement explaining our online information practices and the choices you can make about the way your information is collected and used at this site.


1. The Information We Collect

At our website you can post articles, buy advertising, copy articles and other content, post comments, subscribe to one of our services, or participate in one of our online forums or communities. In the course of these various offerings, we often seek to collect from you various forms of personal information. Examples of the types of personally identifiable information that may be collected at these pages include: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services.

You may also be able to submit information about other people. For example, you might submit a person's name and e-mail address to send an electronic greeting card and, if you order a gift online and want it sent directly to the recipient, you might submit the recipient's name and address. Examples of the types of personally identifiable information that may be collected about other people at these pages include: recipient's name, address, e-mail address, and telephone number.

At certain parts of our site, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and services or otherwise participate in the site's activities and offerings.

We, our service providers, advertisers and partners may collect various types of non-personally identifiable information when you visit any of our sites. A representative list of the types of non-personally identifiable information we may collect include: current Internet protocol address and type of browser you are using (e.g., Firefox, Internet Explorer), the type of operating system you are using, (e.g., Microsoft Windows or Mac OS), the domain name of your Internet service provider (e.g., America Online, Earthlink), the web pages you have visited, the content you have accessed and the advertisements you have been shown and/or clicked on.


2. How We Use the Information

We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, to offer you other products, programs or services that we believe may be of interest to you, to enforce the legal terms that govern your use of our sites, and/or for the purposes for which you provided the information.

We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to our subscriber agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.

We use the information that you provide about others to enable us to send them your gifts or cards. From time to time, we also may use this information to offer our products, programs, or services to them.

The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services.

If you choose to submit content for publication (e.g., a letter to our editors, comments sent to our authors, a posting to a blog or a discussion board), we may publish your screen name and other information you have provided to us.

We may on occasion combine information we collect through our sites with information that we collect from other sources.

We sometimes use the non-personally identifiable information that we collect to improve the design and content of our sites, to deliver more relevant marketing messages and advertisements and to enable us to personalize your Internet experience. We also may use this information to analyze usage of our sites, as well as to offer you products, programs, or services.


3. Information Sharing and Disclosure

We may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, to verify or enforce compliance with the policies governing our sites and applicable laws or as otherwise required or permitted by law or consistent with legal requirements.

In addition, we may transfer personally identifiable information about you if we, or one of our business units, are acquired by, sold to, or merged with another entity.

Our agents and contractors who have access to personally identifiable information are required to protect this information in a manner that is consistent with this privacy statement by, for example, not using the information for any purpose other than to carry out the services they are performing for us.

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this privacy statement.

We may disclose personally identifiable information to third parties whose practices are not covered by this privacy statement (e.g., other marketers, magazine publishers, retailers, participatory databases, and non-profit organizations) that want to market products or services to you. If a Wizzley.com shares personally identifiable information, it will provide you with an opportunity to opt out or block such uses either at the point of submission of your personally identifiable information or prior to any such disclosure.

If you have signed up to receive our e-mails and prefer not to receive marketing information from this site, follow the "unsubscribe" instructions provided on any marketing e-mail you receive from this site.

To provide visitors with additional or more relevant product and service opportunities, we may share non-personally identifiable information with third parties.


4. Advertising Practices

This section describes certain of our advertising practices, such as the collection and use of information to deliver advertising. We, our service providers, advertisers or partners may collect various types of non-personally identifiable information when you interact with us or visit any of our sites. A representative list of the types of non-personally identifiable information that may be collected include: current Internet protocol address and type of browser you are using (e.g., Firefox, Internet Explorer), the type of operating system you are using, (e.g., Microsoft Windows or Mac OS), the domain name of your Internet service provider (e.g., America Online, Earthlink), the web pages you have visited, the content you have accessed and the advertisements you have been shown and/or clicked on. The non-personally identifiable information collected may be combined with information from other sources and/or shared with third parties.

The non-personally identifiable information collected may be used to improve the design and content of our sites, and to enable us to personalize your Internet experience. This information may also be used to provide you with additional product and service opportunities and to make inferences about your interests in order to deliver more relevant marketing messages and advertisements. We also may use this information to analyze usage of our sites.

The practices described in this section are enabled by the technologies and relationships described in the "Cookies and Web Beacons" and "Collection of Information by Third-Party Sites, Ad Servers, and Sponsors" sections below.


5. Cookies and Web Beacons

To enhance your online experience, we use "cookies" or similar technologies. Cookies are text files placed in your computer's browser to store your preferences. Cookies do not contain personally identifiable information; however, once you choose to furnish a site with personally identifiable information, this information may be linked to the data stored in the cookie.

We use cookies to understand site and Internet usage and to improve or customize the content, offerings or advertisements on our sites. For example, we may use cookies to personalize your experience at our sites (e.g., to recognize you by name when you return to a site), save your password in password-protected areas, and enable you to use shopping carts on our sites. We also may use cookies to help us offer you products, programs, or services that may be of interest to you and to deliver relevant advertising.

We, our third party service providers, advertisers or our partners also may use cookies to manage and measure the performance of advertisements displayed on or delivered by or through Wizzley.com and/or other networks or sites. This also helps us, our service providers and partners provide more relevant advertising. For more information regarding third-party ad servers, see "Collection of Information by Third-Party Sites, Ad Servers, and Sponsors" below.

We, our third party service providers, advertiser or our partners may also use "web beacons" or clear .gifs, or similar technologies, which are small pieces of code placed on a web page, to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons may be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

You can change your privacy preferences regarding the use of cookies and similar technologies through your browser. You may set your browser to accept all cookies, block certain cookies, require your consent before a cookie is placed in your browser, or block all cookies. Blocking all cookies will affect your online experience and may prevent you from enjoying the full features offered at Wizzley.com. Please consult the "Help" section of your browser for more information.


6. Collection of Information by Third-Party Sites, Ad Servers, and Sponsors

Some of our sites contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.

Wizzley.com sometimes may offer content (e.g., contests, sweepstakes, or promotions) that is sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the site activity. We have no control over these third parties' use of this information. The site will notify you at the time of requesting personally identifiable information if these third parties will obtain such information.

We also use the services of reputable third parties to provide us with data collection, reporting and ad response measurement, as well as to assist with delivery of relevant marketing messages and advertisements. These third parties may view, edit or set their own cookies. We, our third party service providers, advertisers and/or partners may also place web beacons for these third parties. The use of these technologies by these third parties is subject to their own privacy policies and is not covered by this privacy statement. For more information on how our sites may use third-party ad servers and your ability to opt-out of targeted advertising from such third party ad servers, please see the section below on "Third Party Ad Servers".


7. Third Party Ad Servers

The NAI (Network Advertising Initiative) is a cooperative group of ad serving providers. The NAI has developed a set of privacy principles to which its members adhere. The NAI is committed to provide consumers with clear explanations of Internet advertising practices and how they affect you and the Internet generally. For more information about the NAI, third party ad servers generally, and the opt-out opportunities available through the NAI, visit https://www.networkadvertising.org/index.asp


8. Our Commitment to Security

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, to maintain data security, and to use correctly the information we collect online.


9. Special Note About Google Advertising

Any advertisements served by Google, Inc., and affiliated companies may be controlled using cookies. These cookies allow Google to display ads based on your visits to this site and other sites that use Google advertising services. Learn how to opt out of Google's cookie usage. As mentioned above, any tracking done by Google through cookies and other mechanisms is subject to Google's own privacy policies.

About Google advertising: What is the DoubleClick DART cookie? The DoubleClick DART cookie is used by Google in the ads served on publisher websites displaying AdSense for content ads. When users visit an AdSense publisher’s website and either view or click on an ad, a cookie may be dropped on that end user’s browser. The data gathered from these cookies will be used to help AdSense publishers better serve and manage the ads on their site(s) and across the web. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.


10. How to Contact Us

If you have any questions or concerns about the online privacy statement for this site or its implementation you may contact us at this link: Contact Us Form.


11. Updates and Effective Date

From time to time, we may update this privacy statement. We will notify you about material changes in the way we treat personally identifiable information by placing a notice on our site. We encourage you to periodically check back and review this policy so that you always will know what information we collect, how we use it, and with whom we share it.

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