Vizz Media                                                      

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.

TERMS AND CONDITIONS for SMS Marketing Services

Vizz Media (www.vizz.in) service ("Service") is provided for Indian residents and is not intended for any person who is a resident of any other country.

Each time you access the Vizz Media Web site ("Site") and the Service you confirm that you have read and agree to the Terms and Conditions. Vizz Media (www.vizz.in) may from time to time amend the Terms and Conditions without giving any notice.

Vizz Media (www.vizz.in) is not associated in any way with the Nokia Corporation, Samsung or Any Other phone Company. "Nokia" is a registered trademark of Nokia Corporation.

Vizz Media (www.vizz.in) acknowledges all trademarks and copyrights as being those of their respective owners. There is no association between Vizz Media (www.vizz.in) and any companies whose logos or ringtones appear on this site. Vizz Media (www.vizz.in) will remove any logo or ringtone from this site upon request from the owner or an authorized person.

In no event shall Vizz Media (www.vizz.in) be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Vizz Media (www.vizz.in), or representatives thereof, are advised of the possibility of such damages, losses or expenses.

As a condition of your use of the Service, you agree that you will not use the Service for any purpose that is unlawful or prohibited by these terms.

Vizz Media (www.vizz.in) has no obligation to monitor the Service or any user's use or retain the content of any user session. However, Vizz Media (www.vizz.in) reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Account Balance

The SMS account balance is non-refundable and does not bear interest.

Vizz Media (www.vizz.in) reserves the right to modify the Service with or without notice. Vizz Media (www.vizz.in) shall not be liable to you or any third party should Vizz Media (www.vizz.in) exercise its right to modify the Service.

Your eligibility for particular products and services is subject to final determination and acceptance of Vizz Media (www.vizz.in)

You agree that Vizz Media (www.vizz.in), in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Vizz Media (www.vizz.in) believes that you have violated or acted inconsistently with the Terms and Conditions. You agree that any termination of your access to the Service under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that Vizz Media (www.vizz.in) may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Vizz Media (www.vizz.in) may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, without notice. Further, you agree that Vizz Media (www.vizz.in) shall not be liable to you or any third-party for any termination of your access to the Service or for any discontinuance in providing the service.

Vizz Media (www.vizz.in) make no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. Vizz Media (www.vizz.in) reserve the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time without notice and with immediate effect.

All fees are payable upfront, prior to credits being activated. Vizz Media (www.vizz.in) makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service.

You indemnify Vizz Media (www.vizz.in), its subsidiaries, affiliates, officers and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of or in any way connected to the use of the Service by you or someone using your username and password.

Vizz Media (www.vizz.in) makes no express warranty regarding the service or the messaging center and disclaims any implied warranty, including any warranties of merchantability or fitness for a particular purpose. Vizz Media (www.vizz.in) does not authorize anyone to make a warranty of any kind on its behalf and you should not relay in any such statement.

The information and materials contained in this site, including text, graphics, links or other items - are provided "as is", "as available". Vizz Media (www.vizz.in) does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials.

SMS Debits

Vizz Media (www.vizz.in) debits transmitted SMS messages from the customer's online SMS account according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, but Vizz Media (www.vizz.in) investigations have not produced evidence of a technical problem or error.

Keyword on Short Code Service

Vizz Media (www.vizz.in) is the reseller of many keywords/short codes and provides the interface for clients to see Data Reports on their particular keyword/short code. In case of any technical error or default on part of the operator or a default by the sender, there is no liability on Vizz Media (www.vizz.in) to any extent. The user of the website (www.vizz.in) and/or the client using the Keyword/Short Code - imdemnifies Vizz Media (www.vizz.in) from any liability arising due to loss of data, reports or the keyword being inactive due to any technical error.

No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials and services.

Vizz Media (www.vizz.in) cannot be held responsible for failure of delivery of the requested ring tone or operator logo or picture message due to an incompatible phone model or due to recipient network problem or due to the failure to deliver the message to the recipient GSM network.

If, for any reason, you do not receive your ring tone or operator logo or picture message, then Vizz Media (www.vizz.in) will re-send it free of charge subject to your request being verified for the same.

Vizz Media (www.vizz.in) and/or third parties may, from time to time, send email or SMS messages to our Registered Users containing advertisements, special promotions, and other marketing materials ("Email/SMS Marketing Programs") based on the agreed terms between Vizz Media (www.vizz.in) and its selected partner(s).

Links to other Internet Websites, if any, are at your own risk. The content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by Vizz Media (www.vizz.in)

SECURITY
You agree that the security of your account is solely your own responsibility.

BACKUP OF DATA
Your use of the service is at your sole risk. Vizz Media is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Vizz Media’s server. For further details or hard copy, please email support@vizz.in

TERMS AND CONDITIONS for Email Marketing Services

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS ABOVE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS ABOVE, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF. This agreement is valid between Vizz Media's Client usingthe Email Marketing services from 206.130.108.79, 208.131.143.129, 208.131.143.123 and other IP Addresses used for mailing by Vizz Media.

Description of Service

The Service provided by VIZZ MEDIA enables the End User to send electronic messages containing rich media content, including, but not limited to, images, videos, music, sound clips and other audiovisual and/or interactive features. Any new feature, enhancement, addition, change or upgrade to the current Service shall be subject to the terms and conditions set forth in the Agreement herein

Intellectual Property Rights in Your Content

You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with the Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to VIZZ MEDIA or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to VIZZ MEDIA by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to VIZZ MEDIA by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—VIZZ MEDIA a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.

Indemnification

You hereby agree to defend, indemnify and hold harmless VIZZ MEDIA and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products or (iii) arises from your activities or postings on the VIZZ MEDIA Community, (iv)otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that VIZZ MEDIA has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

Modifications

VIZZ MEDIA reserves the right to modify and/or discontinue the Service, whether temporarily or permanently, with or without notice to the users, and VIZZ MEDIA shall not be liable to you or any third party for any such modification and/or discontinuance of the Service. VIZZ MEDIA further reserves the right to make revisions, modifications, additions, deletions or any such changes to this Agreement at its sole discretion, at any time, with or without notice to its users.

Permission Practices

You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of the Products. If you have used the VIZZ MEDIA feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy a VIZZ MEDIA template or any other features or functionality from the Products and use them for any purpose other than sending email messages from the Products. Emails that you send through the Product may generate spam complaints from recipients. As a matter of privacy, VIZZ MEDIA cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. VIZZ MEDIA, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. VIZZ MEDIA will terminate your use of its Products if VIZZ MEDIA determines that your level of spam complaints is higher than industry norms.

Images

Images hosted by VIZZ MEDIA on VIZZ MEDIA controlled servers may only be used in connection with the Products and for no other purpose whatsoever. To the extent you use images provided by VIZZ MEDIA, VIZZ MEDIA hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Products.

Prohibited Content

    * Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
    * Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
    * Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
    * Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
    * Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor).
    * Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
    * Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
    * Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.
    * Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
    * Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
    * Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

FREE TRIAL, FEES AND PAYMENT
4.1 Fees for Email Marketing Product

For the Email Marketing Product, once you have completed your free trial period or you have exceeded the free email sending limit, you will be subject to email sending cost(s) as per the tariff plan you have selected in accordance with the Fee schedule and related information (the "Fee Schedule"). The Fees are based on the number of emails you have opted to send out as per the various tariff plans offered by VIZZ MEDIA. For the purposes of this agreement, each email sent will be counted and will cost you a email credit irrespective if the email has been delivered, bounced or undelivered to any reason what so ever. You will be required to submit payment in advance for the Email Marketing Product (unless you have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Email Marketing Product as per the tariff plans provided by VIZZ MEDIA. Access to the Email Marketing Product will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the Email Marketing Product, even if you are not actively using the Email Marketing Product. If selected by you, you will also be billed for premium image hosting and email archiving services. All costs are exclusive of Service Tax levied by the Indian Government at 10.30%.

4.2 Payment

Payment for Products will be made in prepaid by Cheque/Demand Draft/Credit Card or Wire/Online Transfer in the bank account of VIZZ MEDIA. Fees are payable in Indian Rupees only (INR). Clients outside India can pay via PayPal and transaction fees and commission by the payment gateway (PayPal) to be borne by the client. VIZZ MEDIA will attempt to notify you via email and your VIZZ MEDIA account will be disabled until payment is received. Amounts paid for the Products are not refundable. Unused credits within given validity will not be refunded or carried forward.

Unsolicited Submissions

VIZZ MEDIA will not accept, review or consider any suggestions, ideas, notes, drawings, diagrams, concepts or other information (hereinafter referred to as “Information”) from any End User or other third party, other than those it has specifically and expressly solicited, and VIZZ MEDIA therefore requests that any End User or other third party refrain from sending any such Information to VIZZ MEDIA. If any End User or other third party elects to send any suggestion, idea, note, drawing, diagram, concept or other information, any such Information shall be deemed the property of VIZZ MEDIA. End User hereby assigns and transfers all Intellectual Property Rights in and to the Information to VIZZ MEDIA, and End User further agrees to reasonably and promptly effectuate the assignment described herein by executing all applicable instruments and documents now or hereafter requested by VIZZ MEDIA which are necessary to effectuate the assignment, as well as perform any other reasonable act deemed necessary by VIZZ MEDIA to fully transfer ownership of the Information to VIZZ MEDIA to the fullest extent possible. During any such transfer of ownership of Information from End User to VIZZ MEDIA, VIZZ MEDIA is not responsible or liable to provide compensation to End User in any way, form or manner for the transfer or assignment of Intellectual Property Rights in and to the Information, nor is VIZZ MEDIA subject to any confidentiality policies on behalf of the End User regarding the Information and, therefore, shall not be liable or owe any compensation to End User for any use and/or disclosure of the Information.

Your Information

In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to VIZZ MEDIA. VIZZ MEDIA may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Products as a result of solicitation by a marketing partner of VIZZ MEDIA, VIZZ MEDIA may share your information with the marketing partner and the marketing partner may share related information with VIZZ MEDIA. Except as described above. VIZZ MEDIA will not provide your information, including your contact and account information, to third parties who you have not authorized to receive such information, except(i) as required by law or court order, including without limitation judicial process and law enforcement, or in the good-faith belief that such action is necessary to comply with law or a court order or (ii) if your VIZZ MEDIA account was terminated from due to unsolicited commercial email being sent from your VIZZ MEDIA account. VIZZ MEDIA will never sell or rent your contact lists to anyone without your permission and acknowledges your ownership right in your contact lists. In the event VIZZ MEDIA amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.

Links to Third-Party Web Sites

This web site may contain links to non-VIZZ MEDIA web sites. These links are provided to you as a convenience, and VIZZ MEDIA is not responsible for the content of any linked web site. Any non-VIZZ MEDIA web site accessed from this web site is independent from VIZZ MEDIA, and VIZZ MEDIA has no control over the content of that web site. In addition, a link to any non-VIZZ MEDIA web site does not imply that VIZZ MEDIA endorses or accepts any responsibility for the content or use of such web site.

RESTRICTIONS AND RESPONSIBILITIES
No Rights in Software

This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.

Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by VIZZ MEDIA in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.

Right to Disable Access

VIZZ MEDIA, at its own discretion, may immediately disable your access to the Products without refund if VIZZ MEDIA believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.

SPAMMING

By accessing, using and/or registering for the Service, you shall not use the Service, in whole or in part, in any way, for the purpose of composing and/or sending chain letters, junk electronic mail, “spam”, or any purpose that involves the utilization of distribution lists to any third party business or individual that has not given express specific permission to be included in such a distribution list. Any electronic mail advertisement that is composed and addressed to a third-party recipient with whom the sender does not have an existing business, commercial or personal relationship and which is not sent at the express request or consent of the recipient to receive such a Message from you is strictly prohibited (hereinafter referred to as “Spamming”). VIZZ MEDIA reserves the right to immediately terminate any End User’s license to access and/or use the Service if such End User uses the Service, in whole or in part, for Spamming purposes, and VIZZ MEDIA reserves the right to seek appropriate legal action as necessary for any such violation. If you reasonably believe that any other user may be using the Service for Spamming purposes, you hereby agree that you will promptly notify VIZZ MEDIA of any such violation.

Monitoring

VIZZ MEDIA holds no obligation to monitor the Service, your use of the Service or to store the content of any end user session. However, VIZZ MEDIA reserves the right to monitor, review, retain, store or disclose any information or content as necessary, at any time, in conjunction with any applicable law, regulation, policy, legal process and/or government or police request, or to enforce this Agreement herein at the sole discretion of VIZZ MEDIA. You hereby agree that VIZZ MEDIA shall be held harmless from any liability for any such monitoring, lack of monitoring, review, lack of review, retention, lack of retention and/or disclosure of content or information as described herein.

Termination

You may terminate this Agreement at any time by calling VIZZ MEDIA Customer Support. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND VIZZ MEDIA IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.

VIZZ MEDIA may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. VIZZ MEDIA shall have no liability to you or any third party because of such termination or action.

VIZZ MEDIA may delete any of your archived data within 30 days after the date of termination. After termination, you shall process all unsubscribe requests within 30 days of your last email campaign. VIZZ MEDIA will provide upon request the list of unsubscribe requests from your account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honouring the list of unsubscribe requests following termination of your account and this Agreement. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

If your account is classified (at VIZZ MEDIA's sole discretion) as inactive for over 120 days, VIZZ MEDIA has the right to permanently delete your subscriber data. VIZZ MEDIA will use good faith efforts to contact you via email prior to taking any permanent removal actions.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by VIZZ MEDIA of that third party or of any product or service provided by a third party.

Username and Password

You are responsible for maintaining the security of your account, passwords, and files. VIZZ MEDIA will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by email or by phone, or through a Third Party Service, if any, through which you access the Products. VIZZ MEDIA has no knowledge of your organizational structure, if you are registering for the Products as an entity, or your personal relationships, if you are a person. VIZZ MEDIA shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.

Jurisdiction

If there is any dispute about or involving the Service provided by VIZZ MEDIA, by using the Service, you agree that the dispute will be governed by the laws of India (New Delhi) without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or mediator and the federal courts of the New Delhi, India. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the Indian Penal Code in accordance with its Commercial (or other) Arbitration Rules (including the Emergency Interim Relief Procedures), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Disclaimer of Warranties

You expressly agree that use of the Service is at your sole risk. The Service is provided by VIZZ MEDIA on an “as is” and “as available” basis. VIZZ MEDIA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. VIZZ MEDIA makes no warranties that the Service will meet your requirements and/or be uninterrupted, timely, secure or error-free, nor does VIZZ MEDIA make any warranty as to the accuracy or reliability of any information obtained and/or downloaded through the use of the Service or that defects in the system and software will be corrected. VIZZ MEDIA makes no warranty regarding any goods or services purchased or downloaded through the use of the Service or any third-party links or any information obtained or transactions entered into through the use of the Service. No advice or information, whether oral or written, obtained by you from VIZZ MEDIA shall create a warranty not expressly stated herein. Furthermore, VIZZ MEDIA makes no warranties concerning the suitability of the content provided through the Service for any purpose.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VIZZ MEDIA OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "VIZZ MEDIA") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF VIZZ MEDIA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, VIZZ MEDIA IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF VIZZ MEDIA TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY VIZZ MEDIA TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Cancellation Policy

You may cancel your account at any time. Your subscription fee and taxes are prepaid so we simply require that you cancel prior to your next renewal date. We do not prorate or refund our service. All cancellations must be done by email only with no exceptions. Please send us a Cancellation Request with our without a reason for cancellation with all necessary information like Company Billing Name, Billing Address and Tariff Plan and email it to info@vizz.in . Upon receipt, we will schedule your account for cancellation. Your account will remain accessible and active up until the Three Days from the date of receipt of such cancellation request. At that time, we will permanently cancel and delete from our system your all email lists, campaigns, and reports. Please note inactivity in your account will not constitute a cancellation.

Severability

If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.

Restricted Persons; Export of Products or Technical Data

You hereby warrant that you are not a Restricted Person or Entity who or which is prohibited from engaging in transactions as per the Indian Penal Code. If you become a Restricted Person during the term of this Agreement, you shall notify VIZZ MEDIA within twenty-four (24) hours, and VIZZ MEDIA shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to VIZZ MEDIA.

You agree that you shall not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the Indian Government. You may not remove or export from India or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the Indian Government or any other applicable country.

Use of Service and Storage Limitations

VIZZ MEDIA may, at its sole discretion, establish and enforce general practices, policies and limitations with regard to your use of the Service, including, but not limited to: a) the maximum number of day(s) that electronic mail messages or other uploaded content will be stored by the Service; b) the maximum number of electronic mail messages that may be sent or received by your account through the Service; c) the maximum size of any electronic mail messages that may be sent or received by your account through the Service; d) the maximum disk and/or server space that will be allotted to you on VIZZ MEDIA’s servers for your use of the Service; and/or e) the maximum number of instances and duration which you may access the Service in a given period of time. The amount of electronic mail storage on VIZZ MEDIA’s server allotted to you for your use of the Service is limited; however, additional storage space for electronic mail messages may be available to you upon payment of additional fees. VIZZ MEDIA shall not be held liable for the deletion of an electronic mail message or the failure to compose or send an electronic mail message through use of the Service, nor is VIZZ MEDIA liable for electronic mail messages that are not processed or sent due to space limitations or outbound message limitations. VIZZ MEDIA reserves the right to log off the account of any end user which has been inactive for an extended period of time, at the sole discretion of VIZZ MEDIA. VIZZ MEDIA further reserves the right to modify, add to or otherwise change these practices, policies and limitations at any time, with or without notice to you, at its sole discretion.

Entire Agreement

This Agreement represents the entire agreement between you and VIZZ MEDIA with respect to your use of the Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and VIZZ MEDIA with respect to your use of the Service

End User Obligations

By accessing, using and/or registering for the Service, you agree to: a) provide true, accurate, complete and current user information as requested by VIZZ MEDIA at any time; b) promptly and regularly update your user information to maintain it’s accuracy and completeness; c) provide for your own access to the Internet and pay any fees or costs relative to such access that is required to access the Service; d) provide all necessary equipment and/or materials necessary for you to make such connection to the Internet in order to access, use and/or register for the Service. By providing any user information that is untrue, inaccurate, incomplete and/or not current, VIZZ MEDIA reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service, in whole or in part, by you. On occasion, we may ask you to sign an affidavit verifying the fact that your list is truly permission based.

End User Privacy

VIZZ MEDIA will not monitor, edit, review or disclose the contents of any Messages composed and/or sent by an End User to a third-party recipient without End User’s prior permission, unless: a) as required by law; b) in compliance with legal authorities or during any legal proceeding; c) to enforce this Agreement; d) to respond to any good faith belief or claim that such Message, or any of its contents, violates the rights or interests of any third party or violates this Agreement; and/or e) to protect the rights and/or property of VIZZ MEDIA, its licensors or any other third party. As an End User composing and/or sending such Messages, you acknowledge and agree that technical processing of the Messages is required in order to send and receive such Message, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service and its equipment, to conform to other similar technical requirements, or as otherwise noted in the VIZZ MEDIA Privacy Policy.

End User Conduct

By accessing and/or using the Service, you hereby represent and warrant that you will not utilize the Service for any purpose that is unlawful and/or prohibited by the terms and conditions in this Agreement. The Service provided by VIZZ MEDIA makes use of the Internet to compose, send and receive Messages; therefore, each End User’s conduct is subject to Internet law, regulations, policies and procedures. By utilizing the Service, you shall not engage in unlawful or unethical activities through your use of the Service, including, but not limited to: a) unsolicited surveys, contests or pyramid schemes; b) defamation, libel, slander, abuse, harassment, stalking, embarrassment, threatening acts or otherwise violate the legal rights of any third party; c) publish and/or distribute inappropriate, profane, vulgar, defamatory, infringing, obscene, adult-oriented, pornographic, tortuous, indecent, unlawful, immoral or otherwise objectionable material; d) harm minors in any way, form or manner; e) harvest or collect any information about any third party, including, but not limited to, e-mail addresses, without consent of such third party; f) record conversations or communications between or among any other third parties without the consent of such third parties; g) create false identities for the purpose of misleading any third party as to the identity of the sender of any Message or to manipulate the origin of any Message or transmission of same; h) transmit or upload any content or materials that contain viruses, trojan horses, worms, bots or any other harmful or destructive programs; i) transmit or upload any content or materials that contain software or other content that is protected by Intellectual Property Rights, including, but not limited to, copyright, trademark and patent rights, rights of privacy or publicity, or any other applicable law, unless you are the owner of such rights thereto or have received all necessary consents by the respective owners of such rights; j) transmit or upload any content or material that would encourage conduct that could constitute a criminal offense, civil liability or otherwise violate any applicable local, state, federal or international law, regulation or policy; k) interfere with, disrupt or manipulate the Service, its networks or servers, or violate the regulations, policies and procedures of such networks and servers; l) successfully gain or attempt to gain unlawful and/or unauthorized access to the Service and/or accounts, systems and networks connected to the Service by password mining or other unauthorized means; m) violate any applicable laws, policies or regulations, including, but not limited to, laws relative to the transmission of data or software exported from the United States of America through the Service and/or any other applicable local, state, federal and international law and regulation; n) interfere with any individual, entity, or any other third party’s use and enjoyment of the Service; o) use the Service to advertise and/or promote any illegal activities; p) use the Service for illegal purposes; q) use the Service for gambling or betting purposes; r) use the Service to promote the use of alcohol, firearms or tobacco products; s) use the Service to send electronic mail transmissions to any third party that include links to any web site that violates the terms and conditions set forth in this Agreement; or t) engage in any other conduct, activity or behavior that, in VIZZ MEDIA’s sole and exclusive discretion, is considered unauthorized, illegal, immoral or objectionable.




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