B. Services available on the website

Users of the site, who simply browse the site (“Guests”), may be able to view products and information, request information, purchase products and services, and engage in certain activities on the site. Users of Zazzzy, who purchase a membership package with Zazzzy, may be able to (a) use Zazzzy’s systems and networks to create and customize an online storefront that permits merchants to post information about their products and offer such products for sale through their store on Zazzzy’s website; (b) engage in certain other services on or through Zazzzy.com and (c) receive resources on building a business. The term “Users” refers to both Guests and Merchants.

Zazzzy reserves the right to terminate, change, upgrade, suspend, or discontinue any aspect of the website or its services, including, but not limited to, content, features, hours of availability, or equipment required for access. We may also impose limits on certain features of the site or services or restrict your access to part or all of the site or services without notice to you or penalty to Zazzzy.

C. Proprietary Rights and License

The site, all the content (including, for example, audio, photographs, illustrations, graphics, video, content, and software), code, data, works of authorship and materials on the site, the look and feel, design and organization of the site, and the compilation of the material on the site are protected by U.S. and international copyright, trademark and other laws. Zazzzy and its licensors own, solely and exclusively, all rights, title, and interest in and to the site, the content, including, but not limited to, all intellectual property and proprietary rights in the site and content. Your use of the site and/or the content does not grant to you any ownership in or to the content or site.

The trademarks, logos, service marks, and trade names displayed on the site or in connection with the content made available through the site are registered and unregistered trademarks of Zazzzy and its licensors and may not be used except with written permission of the respective trademark owner. Nothing contained on the site should be construed as granting any license or right to use any trademark displayed on the site without the written permission of Zazzzy or the third party which may own the applicable trademark. Misuse of the trademarks displayed on the site or on any of the site’s services is strictly prohibited. Zazzzy grants you a limited, revocable, nonexclusive, non-transferable, personal license to access, and display the content for personal, non-commercial use only, subject to and conditioned on your continued compliance with the terms and conditions in this agreement. This license is granted solely to allow you to visit and display the site and to use the services as permitted by this agreement. You agree not to remove, alter, or obscure any proprietary notices provided in or with the content. All rights not expressly granted in this agreement are reserved.

D. User Accounts

Users, who create an account on the site, agree to the following terms and conditions regarding their account:

Users, who create or administer an account on the site for another person or entity, agree to the following terms and conditions regarding the account:

To the extent that you post or otherwise provide Zazzzy with content, including photographs, audio, text, graphics or other works of authorship, on or through the site or your account, you grant Zazzzy a non-exclusive, fully paid up, royalty free, irrevocable, unlimited, worldwide license to reproduce, display, perform, use and create derivative works from such content, unless otherwise provided in the Merchant User Agreement.

E. Zazzzy’s Rights

Zazzzy reserves the following rights:

You agree that the foregoing are rights of, but not obligations of, Zazzzy and that Zazzzy may, but is not obligated, to exercise any of these rights.

F. Prohibited Uses

You may use the site and the services only for lawful purposes. You may not transmit, post, store, distribute, display, or present any information, software, data, file, or material in violation of any applicable law or regulation. You may not use the site or the services to facilitate, or otherwise assist others in, the violation of any law or regulation. You are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed, or presented using the site or the services comply with this agreement and all applicable laws and regulations. Zazzzy does not review, edit, censor, or take responsibility for any information that you, or other users, may create, transmit, post, store, distribute, display or present using the site or the services. You may not use the site or the services to:

You may not do any of the following without Zazzzy’s written permission:

Should Zazzzy determine that you have violated or are likely to violate the foregoing prohibitions, Zazzzy may take any action it reasonably deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of materials that violate the foregoing prohibitions from the site. Zazzzy will cooperate with any law enforcement authorities or court order or subpoena or third party requesting or directing Zazzzy to disclose the identity of anyone posting such materials.

G. Notice Regarding Third Party Electronic Payment Vendors

Your relationship with the electronic payment vendors is separate from your relationship with Zazzzy and is governed by the terms and conditions contained in such vendor’s agreement. Such terms and conditions are available at the respective vendor’s website. Zazzzy is not responsible for the actions or omissions of any third-party payment processor.

H. Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Zazzzy without any compensation or credit to you whatsoever. Zazzzy and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Zazzzy agrees to treat your personal information per the terms of our then-current Privacy Policy, which is incorporated into this agreement by reference. You agree to our use of your personal information per such Privacy Policy.

I. Forums and Promotions

The site may provide certain areas for users to communicate with other users, including through blogs, social media, chat rooms, messaging applications, and other online communities. Zazzzy does not endorse the content in the forums and specifically denies any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability or other cause of any kind or character based upon or resulting from any material, content or other communication provided through a Forum. Zazzzy reserves the right to review messages in the forums and is not responsible for the content of any such messages. Zazzzy also reserves the right to edit or remove a message, in whole or in part, posted to a forum for any reason and to exclude any user from using a forum. Please be aware that when you post to a forum, you may be sharing certain information to others. To protect your safety, please use your best judgment when using the forums and carefully consider the information that you share. Zazzzy will cooperate with any law enforcement, court, third party or government investigation or order requesting or directing Zazzzy to disclose information posted to a forum, or if Zazzzy decides that such disclosure is in its’ or its customers’ best interests.

We may, from time to time, include contests, promotions, sweepstakes, or other activities that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age or geographic location. You are responsible to read all promotions rules to determine whether you are eligible to participate. If you enter any promotion, you agree to abide by and to comply with all promotion's rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Site, which terms and conditions are made a part of this agreement by this reference.

J. Permission Based Communications

You may use Zazzzy’s Services to send permission-based (opt-in) communications for purposes of marketing your goods and services, provided that you otherwise follow the standards set out in this agreement, Zazzzy’s privacy policy and all applicable laws including, but not limited to, the CAN-SPAM Act. All marketing conducted using Zazzzy’s services must be permission (opt-in) based. You must keep adequate and verifiable records to prove that your marketing is strictly permission-based. In addition to the above, all permission-based communications sent using Zazzzy’s services must include the following (and you must take the corresponding actions set forth below):

You are solely responsible for the transmission of all such permission-based communications related to your store and your use of the services. Zazzzy reserves the right to suspend or terminate services to you and your store in the event Zazzzy receives an excessive number of complaints related to your permission-based communications, whether such complaints are made by parties who “opt-in” or otherwise.

K. Copyright and Trademark Infringement

Zazzzy respects the intellectual property rights of others and expects users to do so as well. Please see our Copyright & Trademark Policy, which is incorporated into this agreement by reference, for instructions on how to file a complaint and what you can do if a complaint is filed against You.

L. Violations of This Agreement and Termination

YOUR USE OF THE SITE OR SERVICES MAY NOT VIOLATE ANY OF THE PROVISIONS IN THIS AGREEMENT. ZAZZZY MAY SUSPEND OR TERMINATE YOUR ACCOUNT OR SERVICES AND/OR REMOVE (TO THE EXTENT POSSIBLE) ANY MATERIALS, IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AGREEMENT.

Except as set forth in Section K and our Copyright & Trademark Policy, Zazzzy will not intervene or become involved in any disputes between you and a third party, including, but not limited to, end users of your store. Consequently, Zazzzy reserves the right to suspend or terminate services to you upon receipt of any third-party complaint stating that you have engaged in any activity that violates this agreement, which may otherwise subject Zazzzy to liability for any reason, or that may cause Zazzzy to incur legal fees or other expenses. Without limiting its other remedies, Zazzzy may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate this agreement and your access to the site or the services and your account(s) if you do not follow any term or condition of this agreement. Zazzzy has no obligation to provide notice to you or end users of your store if a suspension or termination occurs. Zazzzy may also report your activities to federal and/or state law enforcement agencies.

M. United States Export Laws and Use Outside of the United States

United States export control laws govern your use of Zazzzy’s services. These laws apply to you and your use of Zazzzy’s Services regardless of whether you reside in the United States. You may not use the site or the services for any purpose that violates export control laws, which may include the sale of products that may be legal to sell in the United States, but illegal to export. You may not use the site or the services to offer or provide services through your store to end users with whom United States citizens may not do business. Additional information about United States export laws may be obtained from the United States government’s portal to exporting and trade services at http://www.export.gov/exportcontrols.html .

We control and operate the site from our offices in the United States of America. We do not represent that content on the site, or the services are applicable, appropriate, or available for use in locations outside the United States. Persons who choose to access the site from locations outside of the United States do so on their own initiative, and are solely responsible for compliance with local laws, to the extent local laws are applicable.

N. Indemnification

To the maximum extent permitted by law, You agree to indemnify and hold harmless Zazzzy, its affiliates, members, officers, directors, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to (1) Your use of the site and services, (2) Your submission, posting, transmittal, display, storage, distribution, removal or any other use of any user information, content and/or any other materials or content, (3) Your violation of this agreement, (4) Your violation of any law or regulation, or violation of any proprietary or privacy right, (5) Your violation of any third party intellectual property right, including, without limitation, copyright, patent, trademark or trade secret; or (6) any claim that your user information or submission of any other information or content by you caused damage to a third party. This indemnification obligation will survive this agreement and your use of the site and services. Zazzzy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Zazzzy’s defense of such claim.

O. Disclaimer of Warranties

YOU AGREE TO ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICES AND THE CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER ZAZZZY NOR ITS OFFICERS, MEMBERS, DIRECTORS, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, LICENSORS OR LICENSEES (“RELATED PARTIES”) MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICES OR THE CONTENT. NEITHER ZAZZZY NOR ANY RELATED PARTIES ENDORSE OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE SITE, THE SERVICES OR ANY CONTENT OR THAT THE SITE, THE SERVICES OR ANY CONTENT IS NON-DEFAMATORY, NON-INFRINGING OR OTHERWISE LAWFUL. NEITHER ZAZZZY NOR ANY RELATED PARTIES WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE, THE SERVICES OR THE CONTENT WILL BE CORRECTED. NEITHER ZAZZZY NOR ANY RELATED PARTIES GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING WILL BE FREE FROM INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS. THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “WHERE IS, ““WHERE AVAILABLE” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON OR USE OF THE SITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK.

P. Limitation of Liability

IN NO EVENT WILL ZAZZZY OR ANY RELATED PARTY BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITE LINKED TO THE SITE, OR THE CONTENT OR SERVICES CONTAINED OR ACCESSED THROUGH SUCH SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ZAZZZY OR A RELATED PARTY IS AWARE OF OR OF ADVISED THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR THE CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE, THE SERVICES OR THE CONTENT.

YOU SPECIFICALLY AGREE THAT ZAZZZY WILL NOT BE LIABLE FOR ANY USERS’ CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ASSUME THE FULL RISK OF HARM OR DAMAGE FROM THE FOREGOING.

Q. Governing Law; Exclusive Jurisdiction

This agreement and the relationship between You and ZAZZZY shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this agreement or in connection with your use of the site will be commenced and be heard only in the appropriate court having jurisdiction over Palmetto, Florida. You hereby consent to the exclusive personal jurisdiction of and venue in such courts. Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.

R. Your Representations and Warranties

By using the site, the services, or the content you represent and warrant that:

S. Limitations on Claims

Any cause of action you may have with respect to your use of the site or services must be commenced within 90 days of the claim or cause of action arises.

T. Entire Agreement and Assignment

This agreement together with all policies and agreements referenced herein constitutes the entire agreement between ZAZZZY and you with respect to the site, the services, and the content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ZAZZZY, unless an agreement specifically provides that it is not superseded by this agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

You may not assign this agreement or any part of this agreement without the express written consent of ZAZZZY. You agree that ZAZZZY may assign this agreement or any part of this agreement at any time and for any reason without your consent.