TERMS OF SERVICE:
We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, and all countries located in the European continent. If you reside in the “Designated Countries,” your agreement is with IZU IO LTD. If you reside outside of the “Designated Countries,” your agreement is with IZU IO LTD.
We refer to IZU IO LTD. and IZUIO Inc. collectively as “IZUIO” or “we” throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by IZUIO, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services might require a require a izu.io, google.com, github.com, facebook.com, izu.io or other oauth2 provider account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Your izu.io Account and Website. If you create a blog or website on izu.io, you get to use an IZUIO-owned subdomain, such as example.izu.io or mollys.food.blog. You must not engage in “domain squatting,” claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains. You are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify IZUIO of any unauthorized uses of your blog, your account, or any other breaches of security. IZUIO 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 a blog, comment on a blog, post material to izu.io, post links on izu.io, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using izu.io, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to IZUIO for inclusion on your website, you grant IZUIO 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 blog.
- Web Traffic. We use a third party software to measure izu.io’s audience and usage. By hosting your site on izu.io, you agree to assign the traffic relating to your website to IZUIO and authorize us to sign a Traffic Assignment Letter on your behalf for comScore audience measurement reports. Your website’s traffic will be included under IZUIO. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we or fumio require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.
- Advertisements. IZUIO reserves the right to display advertisements on your blog unless you have purchased a plan that includes the removal of ads.
- Attribution. IZUIO reserves the right to display attribution text or links in your site footer or toolbar, attributing izu.io or the theme author, for example. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to izu.io Business or VIP.
- Description. FUMIO is a service that connects to IZUIO’s infrastructure to give you the most powerfulI IZUIO features.
- FUMIO Content. You’re fully responsible for the content of any website you own that runs FUMIO (“FUMIO Service”).
- License. You agree that we may scan your website, and compile aggregated/anonymized statistics for our internal use to optimize FUMIO’s performance.
- Features. Fumio includes various features, and you can visit Jetpack.com to learn more about them.
- Storage of Information. CertainFUMIO features rely on 3rd party servers to function.
- Prohibited Uses. Your site must comply with IZUIO Service Guidelines and must not overburden IZUIO’s systems, as determined by us in our sole discretion.
5. RESPONSIBILITY OF VISITORS.
We have not reviewed, and cannot review, all of the material (such as computer software, items for sale, or content) posted to our Services by users or anyone else (“Site Materials”), and are not responsible for any Site Materials’ content, use, or effects. We do not endorse any Site Materials or represent that Site Materials are accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone’s use, purchase or downloading of Site Materials. If you access or use any Site Materials, 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. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights, (see section 9 below to submit copyright complaints) and other proprietary rights, of third parties. Any Site Materials offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Site Materials. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes, between you and the provider of any Site Materials. Last thing: Please note that additional terms and conditions may apply to the downloading, copying, purchase, or use of Site Materials.
6. FEES, PAYMENT, AND RENEWAL.
- Fees. Some of our Services are offered for a fee while other Services may be free with optional paid upgrades. By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee or recurring fees. For recurring fees, we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
- Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
- Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
- Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a IZUIO annual plan, you will be charged each year.
- Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
- Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
7. 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 IZUIO and FUMIO link, and that link to izu.io. IZUIO does not have any control over those non-IZUIO websites, and is not responsible for their contents or their use. By linking to a non-izu.io website, IZUIO does not represent or imply that it endorses such website. 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. IZUIO disclaims any responsibility for any harm resulting from your use of non-IZUIO websites and webpages.
8. THIRD PARTY SERVICES.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by IZUIO.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
9. COPYRIGHT INFRINGEMENT AND DMCA POLICY.
As IZUIO 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 izu.io or fum.io violates your copyright, you are encouraged to notify IZUIO. IZUIO will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. IZUIO will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of IZUIO or others. In the case of such termination, IZUIO will have no obligation to provide a refund of any amounts previously paid to IZUIO.
10. INTELLECTUAL PROPERTY.
This Agreement does not transfer from IZUIO to you any IZUIO or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with IZUIO. IZUIO, WordPress, izu.io, the izu.io logo, and all other trademarks, service marks, graphics and logos used in connection with izu.io or our Services, are trademarks or registered trademarks of IZUIO or IZUIO’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any IZUIO or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
IZUIO may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement (if you have one), you may simply discontinue using our Services. 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.
13. DISCLAIMER OF WARRANTIES.
Our Services are provided “as is.” IZUIO and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither IZUIO nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
14. JURISDICTION AND APPLICABLE LAW.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
15. ARBITRATION AGREEMENT.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
16. LIMITATION OF LIABILITY.
In no event will IZUIO, 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 for 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 IZUIO under this Agreement during the twelve (12) month period prior to the cause of action. IZUIO 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.
17. GENERAL REPRESENTATION AND WARRANTY.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
18. US ECONOMIC SANCTIONS.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and IZUIO reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless IZUIO, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of this Agreement, materials (such as computer software, items for sale, or content) that you post, and any ecommerce activities conducted through your or another user’s site.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between IZUIO and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of IZUIO, or by the posting by IZUIO of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; IZUIO may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.