Terms of Service

Important Information

You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.

You must first agree to and accept these Terms of Service and Use Agreement (“Terms”). Where such express opportunity to agree to the Terms is not present, your use of the Sites and Services (or any part thereof) shall constitute your agreement to the Terms and your obligation to comply with their requirements.

By using the Sites and Services you are representing that you are of legal age (18 years and over) and of legal competence to enter into a binding agreement with FIMIZO.COM and its owner, MamiMedia LLC, and are not otherwise prohibited from using or receiving the Sites and Services pursuant to the laws of the local or national jurisdiction from which you are accessing or using the Sites and Services.

You may be required to register and create an account (“Account”) with FIMIZO.COM in order to access certain features of the Sites and Services. Information gathered through the registration process and information related to your account will be subject to these Terms as well as to our Privacy Policy.

Do not submit, post or otherwise transmit to us information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. Any information, content or other material, including, but not limited to, any feedback, data, answers, questions, comments, suggestions, plans, ideas, user reviews or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Policy) from disclosure.

You are prohibited from data mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the Sites, or from using other similar methods and tools to gather or extract data from the Site, without our prior written consent, which consent may be withheld and withdrawn by us at any time, with or without notice, in our sole discretion.

You may not use the Sites and Services to compile data (or any other portion of the Material), in a manner that is used or usable by a competitive listing product or service. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Sites and proper operation and usage of the Services by any other authorized users and third parties.

You are prohibited from modifying or obscuring the manner in which the Sites are displayed or the Services are used, including framing, scraping or any other technique that would alter the visual display of the Sites or the visual display of the Services and Material. You may not obscure advertisements displayed as part of the Sites and Services, nor modify the advertisements and listings in a way that is unauthorized.

You are under no obligation to use or continue to use the Sites and Services and may temporarily or permanently cease using the Sites and Services without notice to FIMIZO.COM .

Without the prior written consent of FIMIZO.COM, you are not authorized to (1) use any FIMIZO.COM name or mark, and related marks or any marks in our Intellectual Property portfolio, in any advertising, publicity or in any other commercial manner, (2) use any meta tags or any other “hidden text” utilizing any FIMIZO.COM name or mark, and related marks or any marks in our Intellectual Property portfolio, or (3) use the FIMIZO.COM domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service.

As between you and FIMIZO.COM, you may possess certain copyright intellectual property rights you have under law in content that you may submit, display and/or post via the Sites and Services. This content, which includes, but is not limited to your comments, reviews, analysis, proposals and feedback, submitted in any form or medium, whether by emails, posting or otherwise, is considered “User Generated Content.”

Your use of the Sites and Services and your submission and/or posting of User Generated Content grants FIMIZO.COM , and its affiliates, an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all User Generated Content, without any obligation, notification or compensation to you.

This license is granted to FIMIZO.COM with respect to the use of such User Generated Content in connection with the Sites and Services and any subsequent version or modification thereof, and is subject to limitation only by your removal or FIMIZO.COM removal of such User Generated Content from the Sites and Services.

FIMIZO.COM is under no obligation to review any User Generated Content submitted, posted or otherwise displayed on the Site and assumes no responsibility or liability relating to any such User Generated Content. You may not imply that any User Generated Content is any way sponsored or endorsed by FIMIZO.COM .

FIMIZO.COM reserves the right, but not the obligation, to refuse to post or remove any User Generated Content at our sole and absolute discretion. Reasons we may refuse to post or remove such User Generated Content may include, without limitation, any of the following:

Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, scantily-clad, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

Political campaigning, chain letters, mass mailings of any kind or any forms of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail.

Accusations and other assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings.

Individual user information or messages including, or soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and other personally identifiable information.

Any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.

Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form.

Any content that involves alcohol, tobacco or weaponry, or that promotes or has a connotation to any illegal activity.

Reviews submitted by the reviewed business’s owners, employees (past or present), agents, affiliates and competitors.

Reviews that are exclamatory or otherwise appear to by purposefully deceptive, as determined by FIMIZO.COM in its sole discretion.

Messages that are promotional or commercial in nature, or are inappropriate based on the applicable subject matter, location or topic.

Language that violates the standards of this Site, the Services and policies of FIMIZO.COM and its affiliates as determined by FIMIZO.COM in its sole discretion.

Any content that impersonates, disguises or conceals any person or entity or otherwise misrepresents a user’s affiliation with a person or entity.

Content that is not readable, that is encrypted or that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming routines and code that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information.

Any content that links (or includes embedded links) to any of the foregoing, or that link to social networking sites.

Any use of the Sites, the Services, reliance upon any of the Material, and any use of the Internet generally shall be at your sole risk. FIMIZO.COM disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the Material accessible by use of the Sites and Services.

THE SITES AND THE SERVICES (INCLUDING MATERIAL AND INFORMATION POSTED AND ACCESSIBLE THEREIN) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FIMIZO.COM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITES, SERVICES AND MATERIAL. FIMIZO.COM DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITES, MATERIAL OR THE INTERNET GENERALLY, IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED. FIMIZO.COM DOES NOT WARRANT THAT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

FIMIZO.COM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITES; OR REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITES, SERVICES AND MATERIAL.

NEITHER FIMIZO.COMFIMIZO.COM, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SITES, SERVICES, OR ANY THIRD PARTY SITES, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE SITES (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.

IN NO EVENT SHALL FIMIZO.COM BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE SITES AND THE SERVICES FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF FIMIZO.COM IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (1) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITES AND THE SERVICES, (2) THE MATERIALOR THE INTERNET GENERALLY, (3) THE USE (OR INABILITY TO USE), (4) RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY FIMIZO.COM SITE OR A THIRD PARTY SITE, OR (5) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THE SITES. FIMIZO.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITES.

THE USER OF THE SITES AND SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, SERVICES, AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, OR IF IT IS OTHERWISE DEEMED UNENFORCEABLE, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold us and, as applicable, our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys’ fees and costs, whether brought by third parties or otherwise, due to or arising out of:

(a) your breach of any representation, warranty, covenant or obligation set forth in these Terms (or any other violation of your agreement with FIMIZO.COM on the basis of the Terms);

(b) any information, User Generated Content or other material transmitted, submitted or provided by you through the Sites and Services, including your use of the Sites and Services to provide a link to another website or to upload content or other information to the Sites and, without limitation, our exercise of its rights with respect to such information;

(c) your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity;

(d) your publication or use of any User Generated Content (including, without limitation, user reviews) displayed on the Sites, or

(e) your use of, or conduct on, any Third Party Site including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement or coupon for products or Services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or Services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or Services or the sale thereof), (iv) any reservations you make on or through any Third Party Site, and (v) the conduct of sellers of any products or Services that you bid on, purchase or otherwise obtain on or through any Third Party Site).

FIMIZO.COM respects the copyright rights of others, and we ask our advertisers and other third parties to do the same. In appropriate circumstances and at our discretion, we may remove, suspend, terminate access, or take other appropriate action against users or other third parties who infringe or repeatedly infringe the copyright rights of others. Therefore, if you reasonably believe that any Material on this Sites contain unauthorized reproductions of your copyrighted work or otherwise infringe an exclusive copyright right, and you reasonably believe it is appropriate to notify us to take any action/and you want us to take any action, then, as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512), (” DMCA”) you must promptly provide in writing the following information to our Designated Agent:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if mFtiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;

A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Designated Agent for this website (and the FIMIZO.COM Sites) is as follows:

FIMIZO.COM
Attn: DMCA Complaints
906 N Wilson Ave, Bartow, Fl 33830

We may terminate this Agreement, or terminate or suspend your access to the Services, at any time, with or without notice or cause. Upon termination or suspension, your right to access the Sites and use the Service will immediately cease. We may discontinue, temporarily or permanently, the Services, with or without notice.

If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, the provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect and remain fully enforceable.

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in Los Angeles County, California. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods.

All other claims, including without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of resident in the United States, or, if you reside outside the United States, under the laws of the country in which the subject Sites are directed.

Any notices required to be given under these Terms shall be given in writing and shall be delivered to the following address:

MamiMedia,LLC
Attn: Legal Department
906 N Wilson Ave, Bartow, Fl 33830

Except as expressly stated herein, the Terms constitutes the entire agreement between you and FIMIZO.COM with respect to the Services, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and FIMIZO.COM with respect to the Services and/or the subject matter of these Terms.

Any waiver of any provision of the Terms will be effective only if in writing and signed by you and FIMIZO.COM . Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.

Introduction

Our basic iLocalizer™ product is a premium pre-paid service, and we offer paid upgrades for advanced features such as domain hosting, marketing management, and extra storage. Our service is designed to give your business or organization added and increased visibility on the Internet for the purpose of increasing your sales opportunities. We accomplish this by implementing one of3 pre-paid service level agreements and the choice of 2 service level monthly subsciptions:

Level 1 – iMobilizer™NP

 

  • A service level designed for non-profit agencies, churches, and religious organizations
  • Registering your business with the major free internet directories, i.e. Google(TM), Yahoo!(TM), Bing(TM), and submitting the business to 20+ other search engine directories
  • Claim: Google Place page, Yahoo local listing, Bing local listing; Superpages, page analysis and consultation
  • Complete Place page, Yahoo listing, Bing listing, Superpages listing
  • UBL citation setup
  • Make your existing site mobile/smartphone ready, if possible
  • Creating and sending to you your Storefront/Listing Page QR mobile marketing code poster
  • Initial Google coupon generation
  • Monthly Newsletter and email tech support.

Level 2 – iMobilizer™

 

  • A service level designed for for-profit businesses
  • Registering your business with the major free internet directories, i.e. Google(TM), Yahoo!(TM), Bing(TM), and submitting the business to 20+ other search engine directories
  • Claim: Google Place page, Yahoo local listing, Bing local listing; Superpages, page with analysis and consultation
  • Complete Place page, Yahoo listing, Bing listing, Superpages listing
  • UBL citation setup
  • Make your existing site mobile/smartphone ready, if possible
  • Creating and sending to you your Storefront/Listing Page QR mobile marketing code poster
  • Initial Google coupon generation
  • Mobile ad campaign planning
  • Mobile ad setup and implementation
  • Monthly Newsletter and email tech support.

Level 3 – iLocalizer™

 

  • A service level designed for for-profit businesses
  • Registering your business with the major free internet directories, i.e. Google(TM), Yahoo!(TM), Bing(TM), and submitting the business to 20+ other search engine directories
  • Claim: Google Place page, Yahoo local listing, Bing local listing; Superpages, page with analysis and consultation
  • Complete Place page, Yahoo listing, Bing listing, Superpages listing
  • Set up Web2.0 Services; Facebook Fan Page or Twitter page or YouTube
  • One FREE month’s search engine optimized (SEO) marketing landing page web siteand domain name specifically geared to your business category or industry complete with multiple “call to actions”.
  • Web2.0 and marketing landing page integration
  • UBL citation setup
  • Make your existing site mobile/smartphone ready, if possible
  • Creating and sending to you your Storefront/Listing Page QR mobile marketing code poster
  • Initial Google coupon generation
  • Mobile ad campaign planning
  • Mobile ad setup and implementation
  • Monthly Newsletter and email tech support.

Monthly Buzz Factory™ Marketing Service for iLocalizer™

 

  • Leasing to you a search engine optimized (SEO) marketing landing page web site specifically geared to your business category or industry complete with multiple “call to actions”.
  • Manage Web2.0 properties;Facebook Fan Page or Twitter page interlinked to your marketing landing page
  • Manage Mobile/Smartphone coupon campaign;1 per month
  • Manage Google Local Ad coupon campaign;1 per month
  • Quarterly Analytics Review and SERPS analysis
  • Monthly Newsletter and email tech support.

Monthly Buzz Factory™ Gold Marketing Service for iLocalizer™

 

  • Create/Manage smartphonecoupon(s); 10 per month
  • Monthly Analytics Review and SERPS analysis
  • Set up RSS Feed services
  • QR code campaign setup; 5 per month
  • QR code campaign monitoring and running
  • Set up Mobile Text/SMS services
  • Review system setup
  • Review submission(s)
  • Google tag creation and implementation
  • Google Boost ad creation and management
  • Ongoing Place page monitoring, citations and reviews
  • Yahoo Business Listing (Paid)
  • Monthly Newsletter and email support.

The following terms and conditions govern all use of this Fimizo.com website and the iLocalizer™ services, content, and products available at or through the website.

The web site is offered subject to you without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Fimizo.com Privacy Policy).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Fimizo.com, acceptance is expressly limited to these terms. The iLocalizer™ is available only to individuals who are at least 18 years old.

Ownership

You do not claim intellectual property right or exclusive ownership to any of our products, modified or unmodified. All products are property of Fimizo.com. Our products are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our company be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.

Your Fimizo.com Powered Web Site.

Regarding our Fimizo.com Powered Marketing Web Site, we will lease to you a domain name in conjunction with your web site, and we are responsible for maintaining the security of the site, and are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. We will assign keywords to your site in a manner consistent with current “white hat” SEO techniques, and a survey of your business and industry, and Fimizo.com reserves the right to make any change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Fimizo.com liability. You must immediately notify Fimizo.com of any unauthorized uses of your site, your account or any other breaches of security. Fimizo.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.

If you operate your Fimizo.com powered website, comment on a website, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, ‘Content’), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
  • your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Fimizo.com or otherwise.

By submitting Content to Fimizo.com for inclusion on your Website, you grant Fimizo.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, Fimizo.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Fimizo.com has the right (though not the obligation) to, in Fimizo.com’s sole discretion (i) refuse or remove any content that, in Fimizo.com’s reasonable opinion, violates any Fimizo.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Fimizo.com’s sole discretion. Fimizo.com will have no obligation to provide a refund of any amounts previously paid.

Fees and Payment.

The initial iLocalizer™ service has a premium setup fee of $299 for iMobilizer™ NP, $399 for iMobilizer™, $499.00 for iLocalizer less any discounts or promotions including one month’s free Buzz Factory™ marketing services (iLocalizer™only). 30 days after initial setup, you agree to lease the Buzz Factory™ marketing web services on a monthly basis for $29.00. You may upgrade to the Buzz Factory™ Gold Service at any time for a monthly fee of $299.00.

Optional premium paid services such as extra storage, domain purchases or VIP hosting are available on the Website. By selecting a premium service you agree to pay Fimizo.com the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

You have the right to cancel the monthly subscription by refusing to renew the next month’s subscription.

Responsibility of Website Visitors.

Fimizo.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website by visitors, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Fimizo.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Fimizo.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and WebPages to which Fimizo.com links, and that link to Fimizo.com. Fimizo.com does not have any control over those non- Fimizo.com websites and WebPages, and is not responsible for their contents or their use. By linking to a non- Fimizo.com website or webpage, Fimizo.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fimizo.com disclaims any responsibility for any harm resulting from your use of non- Fimizo.com websites and WebPages.

Copyright Infringement and DMCA Policy.

As Fimizo.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Fimizo.com violates your copyright, you are encouraged to notify Fimizo.com. Fimizo.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Fimizo.com or others, Fimizo.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Fimizo.com will have no obligation to provide a refund of any amounts previously paid to Fimizo.com.

Intellectual Property.

This Agreement does not transfer from Fimizo.com to you any Fimizo.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fimizo.com. Fimizo.com, www.Fimizo.com.com, the Fimizo.com logo, and all other trademarks, domain name, service marks, graphics and logos used in connection with Fimizo.com, or the Website are trademarks or registered trademarks of Fimizo.com or Fimizo.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fimizo.com or third-party trademarks.

Changes.

Fimizo.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Fimizo.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

If you wish to terminate this Agreement or your Fimizo.com powered web site account (if you have one), you may simply discontinue using the Website and stop paying the monthly fee(s). Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Fimizo.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Fimizo.com’s notice to you thereof; provided that, Fimizo.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The materials on Fimizo.com’s web site are provided ‘as is’. Fimizo.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Fimizo.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitation of Liability.

In no event will Fimizo.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fimizo.com under this agreement during the twelve (12) month period prior to the cause of action. Fimizo.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Fimizo.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Fimizo.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Site Terms of Use Modifications

Fimizo.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.