By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the Help section of the Site.
Fizola is a Venue
Fizola acts as a venue to allow users who comply with Fizola’ policies to offer, sell and buy certain goods within a fixed-price format. Fizola is not directly involved in the transaction between buyers and sellers. As a result, Fizola has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Fizola does not pre-screen users or the content or information provided by users. Fizola cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Fizola does not transfer legal ownership of items from the seller to the buyer.
Fizola cannot guarantee the true identity, age, and nationality of a user. Fizola encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Fizola is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Fizola. You use the Fizola service at your own risk.
Age: Fizola’ services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Fizola may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Fizola’ services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Fizola’s policies as stated in the Agreement as well as all other operating rules, policies, and procedures that may be published from time to time on the Site by Fizola, which may be updated by Fizola without notice to you.
Password: Keep your password secure. You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Fizola of any unauthorized use of your password or any breach of security. You also agree that Fizola cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Fizola without Fizola’ express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your Fizola account and User ID to another party.
Right to Refuse Service: Fizola’s services are not available to temporarily or indefinitely suspended Fizola members. Fizola reserves the right, in Fizola’s sole discretion, to cancel unconfirmed or inactive accounts. Fizola reserves the right to refuse service to anyone, for any reason, at any time.
Fees and Services
Selling Fees: Listing an item on Fizola is free. Fizola charges a percentage of the sale price when the item sells, to be calculated by a payment processing fee plus an additional percentage of the sale price. When you list an item you agree that you have reviewed and accepted the fees that you will be charged. Please see our Fees Policy for reference, which is subject to change. Fizola may change or augment any or all of Fizola’s services at any time; if Fizola introduces a new service, the fees for that service are effective at the launch of that service. Unless otherwise noted, all fees are in US Dollars (USD).
Payment Fees: Fizola will transfer funds for each sale as outlined in the Payment Policy. Users are responsible for any fees associated with the transfer (if applicable), as listed in the Payment Policy. Please see our Payment Policy for reference, which is subject to change. Fizola may change or augment any or all of Fizola’ Payment Policies at any time.
Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Fizola’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Fizola shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Fizola and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Fizola.
Restricted Activities: Your Content and your use of Fizola shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Fizola staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack Fizola or modify another website so as to falsely imply that it is associated with Fizola;
- Appear to create liability for Fizola or cause Fizola to lose (in whole or in part) the services of Fizola’s ISPs or other suppliers
Furthermore, you may not list any item on Fizola (or consummate any transaction that was initiated using Fizola’s service) that, by paying to Fizola the listing fee or the final value fee, could cause Fizola to violate any applicable law, statute, ordinance or regulation.
Re-Posting Content: By posting Content on Fizola, it is possible for an outside website or a third party to re-post that Content. You agree to hold Fizola harmless for any dispute concerning this use. If you choose to display your own Fizola-hosted image on another website, the image must provide a link back to its listing page on Fizola.
Idea Submissions: Fizola considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Fizola shall not be liable for the disclosure or use of such Material. If at Fizola’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Fizola will also consider that Material to be non-confidential and non-proprietary and Fizola will not be liable for use or disclosure of the Material. Any communication by you to Fizola is subject to this Agreement. You hereby grant and agree to grant Fizola, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in an API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Fizola does not control the Content provided by users that are made available on Fizola. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
By using Fizola, you agree to accept such risks and that Fizola (and Fizola’ officers, directors, agents, subsidiaries, joint ventures, and employees) is not responsible for any and all acts or omissions of users on Fizola. Please use caution, common sense, and practice safe buying and selling when using Fizola.
Other Resources: Fizola is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Fizola does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Fizola shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Resolution of Disputes and Release
In the event a dispute arises between you and Fizola, please contact Fizola.
Should you have a dispute with one or more users, or an outside party, you release Fizola (and Fizola’ officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Fizola encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Fizola, for the benefit of users, may try to help users resolve disputes. Fizola does so in Fizola’s sole discretion, and Fizola has no obligation to resolve disputes between users or between users and outside parties. To the extent that Fizola attempts to resolve a dispute, Fizola will do so in good faith based solely on Fizola’s policies. Fizola will not make judgments regarding legal issues or claims. connected with such disputes. Fizola encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Fizola’s Intellectual Property
Fizola and other Fizola graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Fizola in the U.S. and/or other countries. Fizola’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, Fizola may, without notice, and without refunding any fees, delay or immediately remove Content, warn Fizola’ community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Fizola, Fizola’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Fizola’S SUPPLIERS PROVIDE Fizola’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Fizola, Fizola’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Fizola’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Fizola SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
IN NO EVENT SHALL Fizola, AND (AS APPLICABLE) Fizola’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Fizola’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Fizola’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Fizola’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Fizola’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE.
YOU AGREE TO INDEMNIFY AND HOLD Fizola AND (AS APPLICABLE) Fizola’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Fizola does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Fizola’s control.
Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and any Fizola service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Fizola’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Fizola are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Georgia, excluding its conflicts of laws rules, and the United States of America. Notices Except as explicitly stated otherwise, any notices shall be given by postal mail to Fizola; Attn: 720 Mount Zion Rd NW, Conyers, Ga 30012 (in the case of Fizola) or, in your case, to the email address you provide to Fizola (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, Fizola may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Fizola. In such case, notice shall be deemed given three days after the date of mailing.