Welcome, and thanks for using Sizzle.network, and/or other Sizzle services and apps! When you use our products and services, you’re agreeing to our terms, so please take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement.
Last revised on January 15, 2019
We are a unique promotional platform for brands, services, companies, institutions, individuals and organizations to connect with consumers in fun and stimulating way using our Offer Engine.
Sizzle’s purpose is to allow for brands, services, companies, institutions, individuals and organizations to use our Augmented Reality Television technology (ARTV™), along with all of the other Offer Trigger Systems and promotional tools to promote themselves and allow them to be more transactional and thereby, successful. Our registered users (“Members”) share their promotional messages and offers, engage with their customers, post and view relevant content, study data relating to their campaign results and much more. A registered Sizzle Member may either use Sizzle on a professional basis (“Enterprise”), seeking to deliver their offer to an audience, or on a personal basis (“Consumers”) seeking to engage with the offers on Sizzle. Many of our Members use Sizzle in both a professional and personal capacity. Content on most of our services is also visible to unregistered viewers (“Viewers”). We believe that our services allow our Members to effectively promote themselves to their greatest potential. The cornerstone of our business is to focus on our Members first.
When you use our Services (including Sizzle), you are entering into a legal agreement and you agree to all of these terms.
You agree that by clicking “Join Now” “Join Sizzle”, “Sign Up,” “Enroll now,” or similar, registering, accessing or using our services (including Sizzle website, our related mobile apps, our proprietary markers, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). If you reside in the United States, your agreement is with Sizzle Corporation and if you reside outside of the United States, your agreement is with Sizzle Hong Kong (each, “Sizzle” or “we”).
Registered users of our Services are “Members” and unregistered users are “Viewers”. This Agreement applies to both.
2.1. Service Eligibility
Here are some promises you make to us in this Agreement:
You’re eligible to enter into this Agreement and you are at least our “Minimum Age.”
To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; and (2) you are not already restricted by Sizzle from using the Services.
“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for Sizzle to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.
2.2. Your Membership
You’ll keep your password a secret.
When you register for a specific Sizzle ID or you create a profile, you are creating an Sizzle Account. You will not share an account with anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., Viewers) and (4) follow the law and the Dos and Don’ts below. You are responsible for anything that happens through your account unless you close it or report misuse.
Note that for Premium Services purchased by another party for you to use (e.g. Marketing account bought by your employer), the party paying for the Premium Service controls such an account (which is different from your personal account) and may terminate your access to it.
You’ll honor your payment obligations and you are okay with us storing your payment information with our merchant processor, Worldpay. Also, there may be fees and taxes that are added to our prices.
We don’t guarantee refunds.
If you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:
For Sizzle, you can get a copy of your invoice through your account settings under “Purchase History.”
2.4. Notices and Service Messages
You’re okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn’t up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail, or (4) push notification through the Sizzle app. You agree to keep your contact information up to date.
Please review your sizzle.network settings to control and limit what kind of messages you receive from us.
2.5. Messages and Sharing
When you share information, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as your profile, and your Sizzle Videos. Information and content that you share or post may be seen if public, by other Members or by Visitors. Note that other activities, such as sending a Sizzle message, are by default private, only visible to the addressee(s).
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3.1. Your License to Sizzle
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
We’ll honor the choices you make about who gets to see your information and content.
You promise to only provide information and content that you have the right to share, offers that you have the right to offer, and that your Sizzle profile will be truthful.
As between you and Sizzle, you own the content and information that you submit or post to the Services and you are only granting Sizzle the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
By submitting suggestions or other feedback regarding our Services to Sizzle, you agree that Sizzle can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Sizzle may be required by law to remove certain information or content in certain countries. You also agree that you will not post any pornographic material, nor will you post any information that promotes use of illegal substances, misuse of medicine, promotes violence to any living thing, (including animals), and does not promote hatred or bullying to others or other brands, companies, services or other Members, Viewers or public figures.
3.2. Service Availability
We may change or discontinue any of our Services. We can’t promise to store or keep showing any information and content you’ve posted.
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
3.3. Other Content, Sites and apps
When you see or use others’ content and information posted on our Services, it’s at your own risk.
Third parties may offer their own products and services through Sizzle, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Sizzle generally does not review content provided by our Members. You agree that we are not responsible for third parties’ (including other Members’) content or information or for any damages as result of your use of or reliance on it.
We have the right to limit how you connect and interact on our Services.
We’re providing you notice about our intellectual property rights.
Sizzle reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Sizzle reserves the right to restrict, suspend, or terminate your account if Sizzle believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Best Practices).
Sizzle reserves all of its intellectual property rights in the Services. For example, Sizzle logos and other Sizzle trademarks, service marks, graphics, and logos used in connection with Sizzle are trademarks or registered trademarks of Sizzle. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, ARCARDZ (AND THOSE THAT ARCARDZ WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS SIZZLE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), SIZZLE (AND THOSE THAT SIZZLE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF SIZZLE (AND THOSE THAT SIZZLE WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SIZZLE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF SIZZLE HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Agreement anytime we want.
Sizzle or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
You can visit our Help Center to learn how to close your Sizzle account.
In the unlikely event we end up in a legal dispute, it will take place in Nevada courts, applying Nevada law.
You agree that the laws of the State of Nevada, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Las Vegas, Nevada, USA, and we each agree to personal jurisdiction in those courts.
Here are some important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Agreement, that does not mean that Sizzle has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Sizzle may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8.1. You agree that you will:
8.2. You agree that you will not:
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.
If you want to send us notices or service of process, please contact us:
BY MAIL at:
For Members in the United States:
Attn: Agreement Matters (Legal)
5940 S. Rainbow Blvd. #59023
Las Vegas, NV 89118-2540