Effective Date: August 19, 2019
These Terms of Service and any terms expressly incorporated herein (Terms) apply to any access to, or use of, any services made available by WIZZ NETWORK (WIZZ NETWORK,we,us, or our) using the website www.wizz.wetwork (the Site) or our mobile applications, and to any other related services provided by WIZZ NETWORK (collectively, the Services). By clicking on an I Agree button or check box presented with these Terms or, if earlier, by accessing or using any Services, you agree to be bound by these Terms.
By accessing and using the Sites, you accept and agree to be legally bound by these terms and conditions. If you do not agree to these Terms, you should not access or use the Sites. In addition, if you are accessing or using the Sites on behalf of a corporate entity, you represent and warrant that you have the right, authority, and capacity to accept these Terms on such entitys behalf. We encourage you to review the Terms regularly to know about our practices. WIZZ NETWORK reserves the right to modify, amend, or update these Terms at any time and for any reason. If we make changes, we will let you know by revising the date at the end of the Terms. Any changes we make to these terms will be effective immediately upon posting. Your continued use of the Sites after such posting shall be deemed to constitute acceptance by you of the changes.
RISK DISCLOSURE: BY ACCESSING OR USING ANY WIZZ NETWORK SERVICES YOU ARE VOLUNTARILY CHOOSING TO ENGAGE IN SOPHISTICATED AND RISKY FINANCIAL TRANSACTIONS. YOU ARE FURTHER ACKNOWLEDGING THAT YOU ARE AWARE OF THE MANY RISKS ASSOCIATED WITH THE USE OF THESE SERVICES AND WITH ENGAGING IN TRANSACTIONS IN CRYPTOCURRENCIES, INCLUDING BUT NOT LIMITED TO, RISKS OF FINANCIAL LOSS, TECHNOLOGY GLITCHES (INCLUDING BUT NOT LIMITED TO PROBLEMS WITH THE BLOCKCHAIN TECHNOLOGY), AND HACKING. WIZZ NETWORK WORKS HARD TO PROVIDE STATE-OF-THE-ART SYSTEMS AND SECURITY. NONTHELESS, CERTAIN ISSUES AND RISKS ARE UNAVOIDABLE, AND IF SUCH ISSUES OR PROBLEMS ARISE IN CONNECTION WITH YOUR USE OF WIZZ NETWORKS SERVICES, INCLUDING TECHNICAL DIFFICULTIES WITH DEPOSITING OR TRADING CRYPTOCURRENCIES, IT MAY TAKE DAYS, WEEKS, OR MONTHS TO RESOLVE, AND SOME ISSUES MAY NOT BE RESOLVED AT ALL. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT WIZZ NETWORK IS NOT RESPONSIBLE FOR THE AFOREMENTIONED RISKS, AND YOU VOLUNTARILY ASSUME AND ACCEPT SUCH RISKS IN DECIDING TO ENGAGE IN CRYPTOCURRENCY TRANSACTIONS ON THE WIZZ NETWORK PLATFORM.
1. ELIGIBILITY1.1. General Requirements
The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old in the U.S.); (b) have not previously been suspended or removed from using our Services; (c) are not identified as a Specially Designated National by the Office of Foreign Assets Control; (d) are not placed on the U.S. Commerce Departments Denied Persons List; and (e) have full power and authority to agree to these Terms.
1.2. Restricted Locations
You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the United States or where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where WIZZ NETWORK has determined, at its discretion, to prohibit use of the Services. WIZZ NETWORK may implement controls to restrict access to the Services from any jurisdiction prohibited pursuant to this Section 2.2. You will comply with this Section 2.2, even if WIZZ NETWORKs methods to prevent use of the Services are not effective or can be bypassed.
1.3 Enterprise User
Unless WIZZ NETWORK has provided prior, written approval to use your account for trading on behalf of a corporation or other legal entity (an Enterprise User), you will use the Services and your WIZZ NETWORK Account (as defined below) only for your own account and not on behalf of, or for the account of, any third party. If WIZZ NETWORK has approved your account for trading on behalf of an Enterprise User, you will use the Services and your WIZZ NETWORK Account solely for the account of the specified Enterprise User. If you use any Services on behalf of any Enterprise User, you agree to these Terms on behalf of yourself and any such Enterprise User, and you represent and warrant that you have the authority to bind the Enterprise User to these Terms and that both you and the Enterprise User will be jointly and severally liable under these Terms for any violation of these Terms or any other act or omission by the Enterprise User or by you.
2. DESCRIPTION OF SERVICES
WIZZ NETWORK provides users a digital asset trading platform for products commonly known as cryptographic tokens, digital tokens, or cryptocurrencies. WIZZ NETWORK does not provide fiat-trading capabilities on its platform. WIZZ NETWORK functions as a trading platform provider and is not a buyer or seller in trades made between traders. WIZZ NETWORK is also not a market maker.
WIZZ NETWORK strives to maintain the accuracy of information posted on its website however it cannot guarantee the accuracy, suitability, reliability, completeness, performance or fitness for purpose of the content through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content. Information on WIZZ NETWORK website can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. WIZZ NETWORK does not provide investment or advisory advice and will have no liability for the use or interpretation of information as stated in its website or other communication mediums. All users of WIZZ NETWORK must understand that there are risks involved in trading. WIZZ NETWORK encourages all users to exercise prudence and trade responsibly within their own means.
While WIZZ NETWORK emphasizes platform security to ensure the continuity and security of its services (announcements will be made in event of downtime/maintenance), it will be non-accountable to Acts of God, malicious targeted hacking, terrorist attacks, and other unforeseen circumstances. WIZZ NETWORK reserves the right to cancel, rollback, or block transactions of all type on its platform in event of abnormal transactions. WIZZ NETWORK will not ask for any password from its users nor ask users to transfer funds that are not listed on its trading platform. Users are encouraged to exercise prudence in dealing with discounts or promotions that could lead to them getting scammed. While the list is non-exhaustive, you agree that WIZZ NETWORK will not be held responsible for any losses arising from the situations stated above.
By using WIZZ NETWORK and any of its services, you declare that all information to WIZZ NETWORK in connection with these Terms are true, accurate and complete.
3.1. WIZZ NETWORK Account
In order to use any Services, you must create and maintain an account through the Services (WIZZ NETWORK Account). To create or maintain your WIZZ NETWORK Account, or enable functions on your WIZZ NETWORK Account, you will be required to provide WIZZ NETWORK with certain information and documentation, including, as applicable, the information and documentation associated with identity verification and other screening procedures described in Section 3.3, below. You will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information you have provided so that the information is complete and accurate at all times; (d) maintain the security of your WIZZ NETWORK Account by protecting your password from unauthorized access or use; (e) promptly notify WIZZ NETWORK if you discover or suspect any unauthorized access or use of your WIZZ NETWORK Account or any security breaches related to your WIZZ NETWORK Account; and (f) be responsible for all activities that occur under your WIZZ NETWORK Account, and accept all risks of any authorized or unauthorized access to your WIZZ NETWORK Account.
3.2 Enhanced Security
WIZZ NETWORK may offer optional enhanced security features for your WIZZ NETWORK Account (including, for example, two-factor authentication). WIZZ NETWORK requires users to use enhanced security features including 2FA authentication. It is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with the enhanced security features.
3.3. Identity Verification
Depending on the functions that you seek to enable on your account and WIZZ NETWORKs risk determination, WIZZ NETWORK may, in its discretion, require identity verification and other screening procedures with respect to you or transactions associated with your WIZZ NETWORK Account. These verification and screening procedures may include, without limitation, checking the information you provide against the Specially Designated Nationals and Blocked Persons list maintained by the U.S. Office of Foreign Assets Control, the U.S. Department of Commerce Denied Persons list, and any similar list issued by any U.S. governmental authority or any other governmental authority prohibiting or limiting business activities or transactions with any persons. You may be required to provide WIZZ NETWORK with certain personal information, including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, photograph of your government-issued ID or other photographic proof of your identity, and information regarding your bank account. You hereby authorize WIZZ NETWORK, directly or through a third party, to make any inquiries WIZZ NETWORK considers necessary to verify your identity and/or protect against fraud, including but not limited to: (a) query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth); (b) query account information associated with your linked bank account (e.g., name or account balance); and (c) take action WIZZ NETWORK reasonably deems necessary based on the results of such inquiries and reports. You further authorize any and all third parties to whom such inquiries or requests may be directed to fully respond to such inquiries or requests. WIZZ NETWORK will have no liability or responsibility for any permanent or temporary inability to access or use any Services, including your inability to withdraw Tokens or execute Trades, as a result of any identity verification or other screening procedures.
3.4. Responsibility for Account Activities
You will be bound by, and hereby authorize WIZZ NETWORK to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used your WIZZ NETWORK Account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from you that the security of your account has been compromised, WIZZ NETWORK will take reasonable steps to protect your account, including, for example, ceasing to allow actions initiated using any compromised account passwords. But, the first sentence of this section will continue to apply to any other account password, and any substitute password issued to replace the compromised account password.
3.5 Number of WIZZ NETWORK Accounts
WIZZ NETWORK may, in its sole discretion, limit the number of WIZZ NETWORK Accounts that you may hold, maintain, or acquire.
4. RISK DISCLOSURES; ASSUMPTION OF RISKS, RELEASE OF WIZZ NETWORK
Trading cryptocurrency, cryptographic tokens and other digital rights or assets (Tokens), and use of other Services provided by WIZZ NETWORK, involves significant risks and potential for financial losses, including without limitation the following:
The features, functions, characteristics, operation, use and other properties of any Token (Token Properties) and the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) (Underlying Technology) used to administer, create, issue, transfer, cancel, use or transact in any Token may be complex, technical or difficult to understand or evaluate.
Any Token and its Underlying Technology may be vulnerable to attacks on the security, integrity or operation of the Token or its Underlying Technology (Attacks), including Attacks using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology.
Any Token, Token Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a fork, or rollback of a Token or blockchain.
Any Token may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, Attacks, changes to Token Properties or failure of the Token to operate as intended.
WIZZ NETWORK may suspend or cease to support the transfer, storage or trading of any Token at any time at WIZZ NETWORKs discretion. Other exchanges and service providers may do the same.
WIZZ NETWORK may suspend or reject your transaction requests, suspend or cease support for Tokens, or suspend or terminate your access to the Services to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at WIZZ NETWORKs discretion.
Any Token may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Token Properties or perceived value of Token Properties, Attacks, suspension or cessation of support for a Token by WIZZ NETWORK or other exchanges or service providers, and other factors outside the control of WIZZ NETWORK.
Any Token may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action. Government regulation of Tokens is unsettled and rapidly evolving.
Any Token may be lost if sent to the wrong address (for example but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of Token).
You may be prevented from sending a transaction request, or your transaction request or email may not be received by WIZZ NETWORK or the Services, due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues).
Your transaction request or email to WIZZ NETWORK or the Services may be lost, intercepted or altered during transmission.
Unauthorized third parties may access or use your WIZZ NETWORK Account and effect transactions without your knowledge or authorization, whether by obtaining the password to your WIZZ NETWORK Account, obtaining control over another device or account used by you in connection with any enhanced security measures enabled for your account, or by other methods.
The risks described in this Section 4 may result in loss of Tokens, decrease in or loss of all value for Tokens, inability to access or transfer Tokens, inability to trade Tokens, inability to receive financial benefits available to other Token holders, and other financial losses to you. You hereby assume and agree that WIZZ NETWORK will have no responsibility or liability for such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against WIZZ NETWORK, its Affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein. You waive application of Section 1542 of the Civil Code of the State of California, or any similar statute or law of any other jurisdiction. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Tokens that you decide to acquire or trade; and (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Token or trade. You accept the risk of trading Tokens by using the Services, and are responsible for conducting your own independent analysis of the risks specific to the Tokens and the Services. You should not acquire or trade any Tokens unless you have sufficient financial resources and can afford to lose all value of the Tokens.
WIZZ NETWORKs decision to support transfer, storage, or trading of any particular Token does not indicate WIZZ NETWORKs approval or disapproval of the Token or the integrity, security or operation of the Token or its Underlying Technology. The risks associated with Tokens and trading Tokens apply notwithstanding WIZZ NETWORKs decision to support a particular Token. WIZZ NETWORK does not provide trading advice and does not have any fiduciary duty to you or any other user and does not make any warranty about the suitability of any Token for trading or ownership by you.
6. GENERAL SERVICE TERMS
6.1. Conditions and Restrictions
WIZZ NETWORK may, at any time and in its sole discretion, refuse any transfer request, Order or other transaction request submitted via the Services, impose limits on the amounts of transfers or Trades that can be completed on a daily or other periodic basis or impose any other conditions or restrictions upon your use of the Services, without prior notice. For example, WIZZ NETWORK may: (a) limit the number of open Orders that you can establish via the Services; (b) restrict transaction requests from certain locations; or (c) restrict withdrawals or trading if there is a reasonable suspicion of fraud, diminished capacity, inappropriate activity, or if WIZZ NETWORK receives reasonable notice that your ownership of some or all of the Tokens in your WIZZ NETWORK Account is in dispute.
6.2. Dispute Resolution
WIZZ NETWORK reserves the right to resolve issues and disputes at its sole discretion. Some issues include infringement of others rights, violation of laws and regulations, abnormal trades, and others not explicitly mentioned in the Terms. Users agree to bear the costs arising from the process of dispute resolution.
6.3. Accuracy of Information
You must provide any information required by any screen displayed within the Services. You represent and warrant that all information you provide via the Services is accurate and complete in all respects.
6.4. Compliance with Law; Taxes
You are responsible for complying with all applicable laws related to your trading activities and other use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. You will determine what, if any, taxes apply to the Trades and any other transactions you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. WIZZ NETWORK is not responsible for determining whether taxes apply to your Trades or for collecting, reporting, withholding, or remitting any taxes arising from any Trades.
6.5. AML/KYC Compliance
WIZZ NETWORK maintains an internal anti-money laundering and know your customer compliance program (AML/KYC Program). The AML/KYC Program is a risk-based program founded on requirements of the Bank Secrecy Act, other anti-money laundering laws and implementing regulations, and guidance promulgated by the Financial Crimes Enforcement Network. This AML/KYC Program may be updated from time-to-time, including the procedures that WIZZ NETWORK uses to verify its customers identities.
6.6. Unacceptable Use or Conduct
You will not:
Violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;
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 type of market manipulation. Market manipulation activities include, but are not limited to, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing and layering, regardless of whether it is prohibited by law;
Use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities;
Use any robot, spider, crawler, scraper, or other automated means or interface not provided by WIZZ NETWORK to access the Services or to extract data;
Use or attempt to use another users account without authorization;
Attempt to circumvent any content filtering techniques WIZZ NETWORK employs, or attempt to access any service or area of the Services that you are not authorized to access;
Introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
Develop any third-party applications that interact with our Services without our prior written consent, or unless otherwise agreed;
Provide false, inaccurate, or misleading information;
Post content or communications that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
Post content containing unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the Service;
Post content containing private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Promote, offer, use or otherwise exploit the Services or use or otherwise exploit any data related thereto in connection with the formation, operation or offering of any index fund or similar product or any data package or similar product or any other derivative product utilizing the Site or the Services; or
Encourage or induce any third party to engage in any of the activities prohibited under this Section.
6.7. Service Fees
WIZZ NETWORK reserves the rights to levy service fees on users who use its services. It is in the discretion of WIZZ NETWORK to adjust the service fees charged to users using its services.
7. ELECTRONIC NOTICES
7.1. Consent to Electronic Delivery
You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, Communications) that WIZZ NETWORK provides in connection with this Agreement, your WIZZ NETWORK Account, or any Services. You agree that WIZZ NETWORK may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, sending them using an app or other messaging service to your account on the app or messaging service, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier's normal, messaging, data, and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact WIZZ NETWORKs Support Team to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below) by contacting us by email [email protected]wizz.network.
7.2. Hardware and Software Requirements
In order to access and retain electronic Communications, you will need a computer with an Internet connection that has a current web browser with cookies enabled and 128-bit encryption. You will also need to have a valid email address on file with WIZZ NETWORK and have sufficient storage space to save past Communications or an installed printer to print them.
7.3. Withdrawal of Consent
You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to our Support Team by filing a support request at WIZZ NETWORK.com. If you decline or withdraw consent to receive electronic Communications, WIZZ NETWORK may suspend or terminate your use of the Services.
7.4. Updating Contact Information
It is your responsibility to keep your email address and/or mobile phone number on file with WIZZ NETWORK up to date so that WIZZ NETWORK can communicate with you electronically. If WIZZ NETWORK sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, WIZZ NETWORK will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add WIZZ NETWORK to your email address book so that you will be able to receive the Communications WIZZ NETWORK sends to you. You can update your email address, mobile phone number, or street address at any time by filing a support request at wizz.network. If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by WIZZ NETWORK are returned, WIZZ NETWORK may deem your account to be inactive, and you may not be able to complete any transaction via our Services until WIZZ NETWORK receives a valid, working email address or mobile phone number from you.
8. PROPRIETARY RIGHTS
8.1. Ownership of Services
The Services, Site and all technology, content, data and other materials used, displayed or provided or received by you in connection with the Services or Site (WIZZ NETWORK Materials) together with all intellectual property rights in any of the foregoing are, as between you and WIZZ NETWORK, owned by WIZZ NETWORK.
You may use the WIZZ NETWORK Materials solely as authorized by WIZZ NETWORK in connection with your use of the Services for as long as WIZZ NETWORK permits you to continue to access the Services. Without limiting the foregoing: you will not (a) resell, lease, lend, share, distribute or otherwise permit any third party to use the Site, Services or WIZZ NETWORK Materials or use the Site, Services or WIZZ NETWORK Materials in any service bureau environment; (b) modify or create derivative works of the Site, Services or WIZZ NETWORK Materials, or any portion thereof, or any data or information received by you in connection therewith; (c) frame, display or incorporate the Site, Services or WIZZ NETWORK Materials in any website or any other work of authorship; (d) decompile, disassemble, reverse engineer or attempt to discover the source code of the Site, Services or WIZZ NETWORK Materials; (e) use the Site, Services or WIZZ NETWORK Materials to design, develop or create any competing product or service; or (f) otherwise use the Site, Services or WIZZ NETWORK Materials for any commercial or noncommercial purpose other than their intended purposes determined at WIZZ NETWORKs discretion. WIZZ NETWORK, any product or service names, logos, and other marks used on the Site or WIZZ NETWORK Materials, or otherwise in connection with the Services, are trademarks owned by WIZZ NETWORK or its licensors. You may not copy, imitate or use them without WIZZ NETWORK's prior written consent.
WIZZ NETWORK will own any feedback, suggestions, ideas, or other information or materials regarding WIZZ NETWORK or the Services that you provide, whether by email, posting through the Services or otherwise (Feedback). You hereby assign to WIZZ NETWORK all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
8.4. User Content
You hereby grant to WIZZ NETWORK a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any text, information, data, materials, images, or other content you provide to WIZZ NETWORK using the Services or submit or post to the Site and that is not Feedback owned by WIZZ NETWORK (the User Content). You represent and warrant that: (a) you own the User Content or have the right to grant the rights and licenses in these Terms, and (b) the User Content and use by WIZZ NETWORK of the User Content as licensed herein does not and will not violate, misappropriate or infringe on the rights of any third party. WIZZ NETWORK may remove any User Content from the Site for any reason at WIZZ NETWORKs discretion.
9. THIRD-PARTY CONTENT
In using the Services, you may view content provided by third parties (Third-Party Content). WIZZ NETWORK does not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third‑Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. WIZZ NETWORK is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
10. DISLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE, THE SERVICES, THE WIZZ NETWORK MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF WIZZ NETWORK ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WIZZ NETWORK EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, WIZZ NETWORK DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR WIZZ NETWORK MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOUR USER DATA MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, VIRUSES OR OTHER HARMFUL MATERIALS, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION WHERE YOU RESIDE.
You will defend, indemnify, and hold harmless WIZZ NETWORK, its Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, Indemnified Parties) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) any Feedback or User Content you provide; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, WIZZ NETWORK (or, at WIZZ NETWORKs discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether WIZZ NETWORK wishes to settle, and if so, on what terms.
12. DISLAIMER OF DAMAGES
IN NO EVENT WILL WIZZ NETWORK, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, THE WIZZ NETWORK MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF WIZZ NETWORK, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF WIZZ NETWORK), EVEN IF WIZZ NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL THE LIABILITY OF WIZZ NETWORK, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION WITH SITE, THE SERVICES, THE WIZZ NETWORK MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF WIZZ NETWORK, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF WIZZ NETWORK) EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO WIZZ NETWORK UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
14. DISPUTE RESOLUTION; ARBITRATION; WAIVER OF CLASS ACTION
Any controversy or dispute shall be resolved through binding arbitration to take place in Cheyenne, Wyoming. Arbitration replaces the right to go to Court, including the right to a jury and the right to participate in a class action or similar proceeding. In Arbitration, a neutral arbitrator, instead of a Judge or Jury, resolves the dispute. Arbitrating procedures are simpler and more limited than rules applicable in court. The two approved Arbitrator organizations include:
14.2 American Arbitration Association
335 Madison Avenue, Floor 101920 Main Street, Suite 300
New York, NY 10017-4605Irvine, CA 92614-7279
14.3 Dispute Resolution.
You agree that any dispute between you and WIZZ NETWORKs may be submitted to mandatory binding arbitration. This Arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed and enforceable under the Federal Arbitration Act (the FAA). 9 U.S.C 1 et seq. and the extent State law is applicable, the laws of Nevada govern this agreement.
14.4 All Claims are Subject to Arbitration.
All possible claims resulting from your use of the WIZZ NETWORK are subject to this arbitration section.
14.5 Initiation of Arbitration.
The party filing the arbitration claim must choose an arbitration administrator, and is responsible for following their rules and procedures for initiating pursuing arbitration. The initiating party must notify the other interested parties in writing. Any arbitration hearing will be held in Wyoming, and in the English language.
Procedures and Law Applicable to Arbitration.
A single arbitrator will resolve Claims. The arbitrator will either be a lawyer with at least ten years experience or a former judge. The neutral arbitrator will be selected in accordance with the rules of the chosen arbitration administrator. The Arbitrator will have the power to award a party any damages or other relief provided for under applicable law.
The filing party pays the arbitration filing fees.The Prevailing Party shall be entitled to costs and attorneys fees. Additionally, the parties waive their right to participate in class-action lawsuit or class-wide arbitration.
14.7 Arbitration Hearings.
At the parties request, hearings may be conducted in person or by telephone. The Arbitrator may provide for submitting and determining Motions on Briefs without oral hearings
15. GOVERNING LAW
The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of Wyoming without regard to conflict of law rules or that would cause the application of the laws of any other jurisdiction. You agree that WIZZ NETWORK may initiate a proceeding related to the enforcement or validity of WIZZ NETWORKs intellectual property rights in any court having jurisdiction. You waive any objection to venue in any such courts.
If you violate any of these Terms, WIZZ NETWORK may, as it determines reasonably necessary to remedy or mitigate your violation, delete all or part of such information transmitted by you, suspend or cancel your account, or confiscate Tokens owned by you without any prior notice to you. WIZZ NETWORK shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by WIZZ NETWORK pursuant to this paragraph. Any right or remedy of WIZZ NETWORK set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.
16.2. WIZZ NETWORK Affiliates and Contractors
An Affiliate is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site and any Services may be operated or provided by WIZZ NETWORK, its Affiliates, or their respective contractors. To the extent that an Affiliate of WIZZ NETWORK, or contractor of WIZZ NETWORK or an Affiliate of WIZZ NETWORK, is operating or providing any Services, the Affiliate or contractors provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractors name wherever WIZZ NETWORKs name occurs in these Terms.
WIZZ NETWORKs failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
16.5. Force Majeure
WIZZ NETWORK will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of WIZZ NETWORK, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. WIZZ NETWORK may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
16.8. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms constitute the entire agreement between you and WIZZ NETWORK regarding your use of the Sites, superseding any prior version of these Terms between you and WIZZ NETWORK with respect to the Sites. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.