Terms & conditions

These terms were last modified in July 2021.

The following Terms & Conditions (these “Terms & Conditions”), govern your access to and use of the Tzuza website, including any content, functionality and services offered on or through www.tzuza.com. Tzuza and its subsidiaries are collectively referred hereto as “Tzuza” “we” or “us” and “you” or “user” means you as an user of the Site.

Please read the Terms & Conditions carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms & Conditions, Tzuza Payment Terms, found here (“Payment Terms”), and our Privacy Statement, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms & Conditions or the Privacy Statement, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Tzuza services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available during working days if you have any questions regarding the Site or Terms & Conditions. Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms & Conditions, as well as all other texts throughout the Site, is English. Tzuza makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Buyers are users who purchase services on Tzuza.

Corporate Account is a collaborative Buyer account.

Business Account Team Member or Team Member is any user that is invited or uses a Corporate Account.

Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.

My Tzuza is where Buyers and Sellers can find and edit profile information and where they can communicate with each other in connection with an ordered service.

Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Page.

Sellers are users who offer and perform services on Tzuza.

Overview

Only registered users may buy and sell on Tzuza. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
Buyers pay Tzuza in advance to create an order (see Payment Terms).
Orders are purchased through the buy button found on a Seller’s page or on a service sales page (webshop);
For fees and payments please read the Payment Terms
Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
Sellers gain account statuses (Levels) based on their performance and reputation.
Users may not offer or accept payments using any method other than placing an order through Tzuza.com.
When purchasing a Service, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their sales page..
Tzuza retains the right to use all published delivered works for Tzuza marketing and promotion purposes.
We care about your privacy. You can read our Privacy Statement here. The Privacy Statement is a part of these Terms & Conditions and incorporated herein by reference.

SELLERS

Basics

Sellers create Services on Tzuza to allow Buyers to purchase their services.
Sellers may also offer Custom Offers to Buyers in addition to their Services.
Each service you sell and successfully complete, accredits you with a revenue equal to 70% of the purchase amount.
Tzuza accredits Sellers once 14 days after an order is completed. See our “Orders” section below for a definition of a completed order.
For more information about receiving payments, fees and taxes see the Payment Terms.
Sellers may not promote their Services or any Tzuza content via the Google Ads platform.
The Seller’s rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
For security concerns, Tzuza may temporarily disable a Seller’s ability to receive revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Tzuza accounts to a single withdrawal provider.
Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Services

Sellers are allowed to post a select amount of active Services based on their Level status.
Services created on Tzuza are User Generated Content.
Services and/or users may be removed by Tzuza from the Site for violations of these Terms & Conditions and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s Terms & Conditions reported through our Intellectual Property Claims Policy
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Services
- Spam, nonsense, or violent or deceptive Services
- Services misleading to Buyers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Buyers
- Exceedingly low quality Services
- Promoting Tzuza and/or Tzuza Services through activities that are prohibited by any laws, regulations, and/or third parties’ Terms & Conditions, as well as through any marketing activity that negatively affects our relationships with our users or partners.
Services that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
Services that are removed for violations are not eligible to be restored or edited.
Services may be removed from our Search feature due to poor performance and/or user misconduct.
Services may include pre-approved website URLs contained within the Service description and requirements box. Services containing websites promoting content, which violates Tzuza’s Terms & Conditions and/or our Community Standards, will be removed.
Services are required to have an appropriate Service image related to the service offered.
Statements on the Service Page that undermine or circumvent these Terms & Conditions is prohibited.
Eligible Services in select Categories may set up Service Packages to offer their services in structured formats with multiple price points for the selected Service.
Certain categories are available only to Pro Sellers to create Services. If you are not a Pro Seller, creating a Service for services available to Pro only may result in removal of your Service.

Levels

Tzuza is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Tzuza may reward them with new statuses, special opportunities, benefits, and tools that come with it.

Tzuza Sellers can gain account Levels based on their activity, performance and reputation.
Advancement in Levels are updated periodically by an automated system.
The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.
Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
Advanced levels provide their owners with additional benefits, including offering Services for higher prices through Service Extras, or selling their Service in multiples.

Top Rated Sellers

Top Rated Sellers are chosen manually by Tzuza through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
Top Rated eligibility is constantly evaluated by Tzuza to ensure that the quality standards and expectations of the Top Rated selection is kept. Tzuza retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms & Conditions and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.

Pro Sellers

Pro Sellers are pre-verified professionals who undergo a vetting process by Tzuza editors. Applying for Tzuza Pro is open to everyone: professional freelancers who are new to Tzuza, as well as existing Tzuza Sellers.
Pro sellers are used in Corporate accounts
Pro Sellers eligibility is constantly evaluated by Tzuza to ensure that the quality standards and expectations of the Pro Seller selection is kept. Tzuza retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms & Conditions, also risk losing their Pro status and the benefits that come with it.

Seller Features

Tzuza Sellers have access to several exclusive features that help customize the way their services can be offered.

Subscription

Sellers may offer Buyers a fixed term subscription for a specific Service (the “Subscription”). During the Subscription period, Seller will deliver a number of service hours each month. Sellers may set a certain discount starting as of the second month.

Shipping Physical Deliverables

Some of the services on Tzuza are delivered physically. For these types of Services, Sellers may decide to define a shipping pricing factor.

Services that include a shipping pricing factor must have physical deliverables sent to Buyers.
Shipping costs added to a Service only pertains to the cost Sellers require to ship physical items to Buyers.
Important: Buyers who purchase Services that require physical delivery, will be asked to provide a shipping address.
Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
Tzuza does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.

BUYERS

Basics

You may not offer direct payments to Sellers using payment systems outside of the Tzuza platform.
Tzuza retains the right to use all publicly published delivered works for Tzuza marketing and promotional purposes.

Purchasing

Please refer to the Payment Terms for making Payments through the Tzuza platform and to learn about fees and taxes.
In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or through Tzuza Anywhere.
You may not offer Sellers to pay, or make payment using any method other than through the Tzuza.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

ORDERS

Basics

Once payment is confirmed, your order will be created and given a unique Tzuza order number (#TO).
Sellers must deliver completed files and/or proof of work using the Work Delivered button (located on the My Tzuza Services page) according to the service that was purchased and advertised on their Service.
The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms & Conditions. Using the “Work Delivered” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Tzuza’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
A milestone (on an Order with milestones) is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 3 days after marked as Delivered.
Buyers may purchase a fixed term Subscription to a specific Service, if available on the Seller’s Service page.

Handling Orders

When a Buyer orders a Service, the Seller is notified by email as well as notifications on the site while logged into the account.
Sellers are required to meet the delivery time they specified when creating their Services. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s status.
Sellers must send completed files and/or proof of work using the Deliver Completed Work button to mark the Order as Delivered.
Users are responsible for scanning all transferred files for viruses and malware. Tzuza will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Reviews

Feedback reviews provided by Buyers while completing an Order are an essential part of Tzuza’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms & Conditions and/or our Community Standards.
To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Tzuza platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Tzuza platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
Feedback comments given by Buyers are publicly displayed on a Seller’s Service page.
Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Service page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
Withholding the delivery of services, files, or information required to complete the Service’s service with the intent to gain favorable reviews or additional services is prohibited.
Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Tzuza’s Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

User Conduct and Protection

Tzuza enables people around the world to create, share, sell and purchase nearly any relocations service they need at an unbeatable value. Services offered on Tzuza reflect the diversity of an expanding Service economy. Members of the Tzuza community communicate and engage through orders, social media, and on Tzuza’s Community Forums.

Basics

To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Tzuza in order to circumvent or abuse the Tzuza messaging system or Tzuza platform is not permitted.
Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
Tzuza does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
Tzuza does not provide protection for users who interact outside of the Tzuza platform.
All information and file exchanges must be performed exclusively on Tzuza’s platform.
Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
Tzuza is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
Users may not submit proposals or solicit parties introduced through Tzuza to contract, engage with, or pay outside of Tzuza.

Orders

Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Services

Users may report Services to Customer Support that may be in violation of Tzuza’s Terms & Conditions based on the reported Service’s replicated similarity to pre-existing services (copycat Services).
Sellers warrant that any content included in their Services shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Services, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Services.
Tzuza will respond to clear and complete notices of alleged copyright or trademark infringement..

Reporting Violations

If you come across any content that may violate our Terms & Conditions and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms & Conditions. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared.

Violations

Users may receive a warning to their account for violations of our Terms & Conditions and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Tzuza does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on Tzuza should be friendly, constructive, and professional. Tzuza condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services or orders.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Tzuza will not be protected by our Terms & Conditions.

Authentic Tzuza Profile – You may not create a false identity on Tzuza, misrepresent your identity, create a Tzuza profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Tzuza reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – Tzuza will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s Terms & Conditions. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use Tzuza for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active Tzuza account and one active Tzuza Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Tzuza community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Tzuza’s Terms & Conditions and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Tzuza. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Tzuza accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by Tzuza and protected by copyright and trademark law. Tzuza®, Service® and Services® are all registered trademarks owned exclusively by Tzuza. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Feedback Rights

To the extent that you provide Tzuza with any comments, suggestions or other feedback regarding the Tzuza platform or the Site as a whole, as well as other Tzuza products or services (collective, the “Feedback”), you will be deemed to have granted Tzuza an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Tzuza is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

Tzuza reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms & Conditions and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
Violation of Tzuza’s Terms & Conditions and/or our Community Standards may get your account disabled permanently.
Users with disabled accounts will not be able to sell or buy on Tzuza.
Users who have violated our Terms & Conditions and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
Users have the option to enable account Security features to protect their account from any unauthorized usage.
Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
Disputes should be handled using Tzuza’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Tzuza Customer Support.
Tzuza may make changes to its Terms & Conditions from time to time. When these changes are made, Tzuza will make a new copy of the Terms & Conditions available on this page.
You understand and agree that if you use Tzuza after the date on which the Terms & Conditions have changed, Tzuza will treat your use as acceptance of the updated Terms & Conditions.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Tzuza by our users (Buyers and Sellers) is User Generated Content. Tzuza does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Tzuza platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or Terms & Conditions. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Tzuza is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Services or otherwise). We provide no warranty with respect to the Services, their delivery, any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Tzuza. Sellers advertising online their Service must comply with laws and Terms & Conditions of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service, as applicable, and may lead to the suspension of Seller’s account.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TZUZA NOR ANY PERSON ASSOCIATED WITH TZUZA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Machine Translation

Certain user-generated content on the Site has been translated for your convenience using translation software powered by Amazon Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.

The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

Limitation on Liability

IN NO EVENT WILL TZUZA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Tzuza, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.