Terms of Service

We’d like to extend our gratitude for taking the time to look through our website (https://www.fizzied.com, called “the Website”) and browse our content. Fizzied. (known henceforth as “the Company”) provide the services of the website. These are our Terms of Service (called “Terms”) Having made use of the content on the website means that you consent to the “Terms of Service” presented here. If you do not agree with any of the terms or are not able to do so, it would be advisable to discontinue your use of the website.

Article I (Purpose)

The “Terms of Service” enumerate not only the rights and obligations of the users, but also any liabilities that come. Listed as well are the methods and conditions that are required for the use of the Company’s services and the Website.

Article II (Notification and revision of “Terms of Service”)

  1. The “Terms of Service” shall be published on the website. The users will also be able to receive the Terms via e-mail or other ways, would be taken care of by the Company.

  2. The Company may make the necessary changes to the Terms should any need arise for the need of such, provided that the changes are permissible under the law and other pertinent rulings. Once changes have been made to the Terms, the users shall be notified of these revisions by the Company through publishing said changes on the date they have been made, as well as the cause and reason of the changes behind made. Accompanying these would be the current version of the Terms and the schedule for publication would be a full week, or (7) days, until the new terms shall be used. Should any Terms arise that would be not be beneficial to the users of the website, the users would be informed with the changes and the date when these will come into effect. The reason for these changes will also be disclosed to them along with the current version of the Terms up to one month, (30) days, before the date mentioned. Any other relevant information shall also be revealed to the users.

  3. Should the users still make use of the Website and its services, this is to entail that the users have understood the changes that have been made to the Terms and that they are agreed upon.

Article III (Applicable Provisions Other Than the “Terms of Service”)

What was not clearly defined in the Terms shall be classified under the Framework Act on Telecommunications, the Telecommunications Business Act, and other relevant rules and regulations.

Article IV (Taking Effect)

Using our services means that you agree to our terms. The Company may choose to employ the usage of cookies to monitor the number of times a user returns to view the website after their initial visit. That being said, the Company may also collate the data collected by cookies pertaining to user information that was provided by the cookies, except that which would deal with user identification.

Article V (Service Hours)

  1. Bar any unforeseen technical difficulties and scheduled maintenance, the Website shall continue to run and services will remain available for the duration of the year, within full (24 hour) days.

  2. The Company will have the right to postpone any and all of its services provided that the circumstances would prevent them from providing the users with the usual standard. Such circumstances may come in the form of, but not limited to, emergencies of the national level, errors that have to do with electrical failure, and a large amount of site-wide usage.

  3. The Company is likewise allowed to allocate at assign specific service hours for each particular service that they provide. The schedule of these services, and any changes that may occur, shall be made aware of by the users.

Article VI (Obligations of the Users)

  1. The users are forbidden to participate in or partake of any actions mentioned below:

    1. Making use of the contents and services provided by the Company for anything except the user’s own private use, other than having the Company’s consent. Similarly, taking material from the website and publishing them with any medium and handing them over to a third party;

    2. Giving out information that would go against trademarks, patents, copyright, and other intellectual property to a third party via e-mail and other venues of communication;

    3. Giving out information of the obscene variety in the form of words, images, and the like that may be harmful via e-mail and other venues of communication;

    4. Taking part of an act that would constitute as illegal or a criminal;

    5. Any action that would go against the law.

  2. The users of the Website shall consent to what is written by the Company in the Terms and follow the guidelines set by the Company.

  3. Using the services of the Website for business and similar reasons, unless approved before by the Company, is not allowed.The Company is not liable should any ill befall the business venture. Any loss on the Company’s part should be shouldered by the user.

  4. The users are forbidden from using the services of the Website to manage business activities including, but not limited to: hacking, publishing advertisements for the sole use of making money, peddling pornography and other disturbing phenomena. Any of these actions shall be felt with by the relevant authorities and legal action could be taken against the user.

Article VII (Transactions with Advertisers)

Any losses or damages that may have occurred due to another user’s taking part in promotional activities of an advertiser in which the services of the Company were used will not be made liable by the Company.

Article VIII (Restriction of Use)

If a user were to participate in any of the actions listed below, the Company may choose to bar the user from using the Company’s services. This may occur without prior notice to the user for any period of time:

  1. If a user has prevented the services of the Company from being delivered in a suitable manner;

  2. If a user willingly and knowingly spread any harmful and offensive content that goes against morals and custom;

  3. If a user, through the services provided on the Website, willingly makes use of those services against national interest and the well-being of society;

  4. If a user has used the services on the Website to intentionally harm another person, or is harmful in general;

  5. If a user disrupts the stability and integrity of the services provided by the Company by inputting massive amounts of data or advertising;

  6. If a user makes use of the Website to spread a malicious software or virus that could not only cause a loss of data, but also compromise the integrity of the equipment and facilities;

  7. If a user has stolen any intellectual property that rightfully belongs to the Company, a fellow user, or any third party;

  8. If a user, without prior knowledge or consent from the Company. duplicates and spreads any information they may have gathered while using the Website and the Company’s services, and does so for commercial use.

  9. If a user goes against the terms of use put together by the Company, or other relevant laws.

Article XI (Content and Content Rights)

The term “Content” shall henceforth refer to any textual writing, graphics, images and pictures, audio and music, software, videos, and any work that has been done by the Company that have been published, generated and such by them. Likewise, “User Content” shall refer to the content that the users give out to be used through the services of the Company. User Content falls completely under Content.

  1. Content Ownership, Responsibility and Removal The Company holds no ownership rights to any User Content. There are no words in the Terms the would restrict the rights the users have to use their content. The Company and its licensors does, however, own the exclusive rights, interests, and titles in and to the Services of the Content. Falling under that category would be intellectual property rights. The services and content of the of the Company are protected by laws that are relevant to copyrighting, trademark, and the like. This falls under the jurisdiction of all countries. The user must not consent to take away, change, or hide any make that denotes the Company having ownership.

  2. Rights in the User Content Granted by the User Creating User Content gives the Company a license that is transferable, sub-licensable, royalty-free license with which they are free to make use of, imitate, change, and base other works on. The Company may also use the license to display, and spread the User Content. This agreement comes to a close once the User has deleted their User Content, unless the user has been staying with another person or has shared their User Content with others. The user holds all responsibility for the Content they are creating. The users also have rights they want represented, which in turn grant the Company their rights for the license. The User Content is not representative of the users themselves, and their acquisition of the User Content through the services of the Company is not indicative of misappropriating or violating the rights and intellectual property of a third party. This also includes the rights of publicity and privacy. The Company is not responsible or liable should certain User Content be removed.

Article X (Compensation for damage)

For any damages that may have occurred by a user regarding their partaking of the services of the Company, which is free of charge, the company shall not be to blame. That is, of course, unless it is the Company that has done so with intentional misconduct and gross negligence.

Article XI (Exemption Clause)

  1. The Company shall be excused from the responsibility of having to produce its services should it be stopped due to a force of nature or an act o f God.

  2. The Company shall not be blamed for any technical difficulties attributing the usage of the services of the difficulty if the user is at fault.

  3. The Company shall not be blamed for any loss of profit that a user had positive expectations for, or any damages that may have come from it.

  4. The veracity and quality of the information and content that have been published by the users is not something the Company is liable for.

  5. The Company is not liable for any harm caused by a user up to the point where it can already be considered a willful misconduct or negligence on the user’s part.

  6. The Company is not to be blamed for any User’s penal responsibility that comes from information published on the Website that infringes the copyright programs it.

Article XII (Jurisdiction and Governing Law)

  1. The Terms of Service will be ruled and interpreted according to the laws of the Tennessee.

  2. Should there be conflict between the Company and a user which would result in a lawsuit, the court capable will be the court that pursues the word of law. That is, if the conflict is between a user whose address is outside of Tennessee and the Company will defer to the jurisdiction and judgment of the District Court of Tennessee.