Terms of Service

Updated May 2023

Introduction

These Terms of Service (the "Terms") apply to your access to, and use of, www.Publizoid.com, and any other website or service that links to these Terms (collectively, the "Services"). The Services are provided by Publizoid LLC ("Publizoid" or "I") and your use of the Services is subject to these Terms. These Terms do not alter, in any way, the terms or conditions of any other agreement you may have with Publizoid for products, services or otherwise.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING MY SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE MY SERVICES.

1. Eligibility

The Services may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have reviewed these Terms with your parent or legal guardian and that he or she has agreed to be bound by these Terms.

2. Privacy

Please refer to my Privacy Policy for information about how I collect, use and share information about users of my Services.

3. Ownership

Publizoid Materials

Publizoid Materials. The Services contain content including, without limitation, Publizoid’s logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") that are the proprietary property of Publizoid or Publizoid’s licensors and are protected by U.S. and international copyright laws.

4. Limited License

Publizoid. Publizoid grants you a limited, non-sublicensable license to access and use the Services for your personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Materials therein; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion thereof; (d) downloading (other than the page caching) of any portion of the Services, the Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Materials other than for their intended purposes. Any use of the Services or the Materials other than as specifically authorized herein, without the prior written permission of Publizoid, 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 applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Publizoid may revoke this license at any time.

5. Acceptable Use of the Services

You agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right or constitute a criminal action or tort, and that you are solely responsible for your conduct while on the Services. You further agree not to:

  • Use the Services in any manner 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 in any manner;
  • Engage in any discriminatory, defamatory, libelous, hateful, harassing, abusive, obscene, threatening, physically dangerous, unlawful, or otherwise objectionable conduct;
  • Attempt to indicate in any manner that you have a relationship with me or that I have endorsed you or any products or services for any purpose;
  • Attempt to reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
  • Develop any third-party applications that interact with the Services without my prior written consent; or
  • Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by me to access the Services, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Services.

6. Copyright Usage/Infringement Notices

Publizoid respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact me.

7. Modifying/Terminating Services

Publizoid reserves the right to modify, update or discontinue my Services, or any features or portions thereof, without prior notice. You agree that I can suspend or terminate your right to access my Services at any time for any reason without notice, obligation or liability to you.

8. Disclaimer of Warranties and Limitation of Liability.

USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PUBLIZOID OR ITS REPRESENTATIVES CREATES A WARRANTY. THE SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. PUBLIZOID DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBLIZOID AND ITS AFFILIATED COMPANIES, LICENSEES, LICENSORS AND CONTRACTORS ("PUBLIZOID PARTIES") WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, EVEN IF PUBLIZOID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE PUBLIZOID PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM. IF A LAW RESTRICTS MY ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, I LIMIT MY LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Indemnity

If the Publizoid Parties are subject to any actual or threatened claims, costs, damages, losses, or other liabilities (collectively, "Covered Losses") as a result of your use of any of the Services, or any data, information, or other item you make available through the Services, then you agree to indemnify the Publizoid Parties from all such Covered Losses and any related costs, such as reasonable attorney’s fees.

You further agree to indemnify the Publizoid Parties for any Covered Losses arising out of or related to: (a) any Submissions you provide; (b) your violation of these Terms; and (c) your violation of any rights of another. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify me, I will have the right, in my sole and unfettered discretion, to control any action or proceeding and determine whether I wish to settle it, and if so, on what terms.

10. Miscellaneous

If any part of these Terms is determined to be unlawful, void or for any reason unenforceable, then that part will be severed from these Terms, and the rest of the Terms will remain intact. If I do not enforce any provision of these Terms, that will not be considered a waiver of my rights. Any waiver of these Terms must be obtained in a written document signed by an authorized representative of Publizoid.