LAST MODIFIED DATE: DATE 10/29/2020
3. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of New York and without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in New York in all disputes arising out of or related to the use of the site.
4. AGE. The site is intended only for consumers aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.
5. USE OF SOFTWARE. Big Mozz may make certain software and products available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Big Mozz, for your personal, noncommercial, home use only. Big Mozz does not transfer either the title or the intellectual property rights to the Software, and Big Mozz retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Big Mozz or its licensors and you may not copy or use them in any manner.
6. USER CONTENT. You grant Big Mozz a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Big Mozz, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Big Mozz, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Big Mozz may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
9. COPYRIGHT INFRINGEMENT. Big Mozz has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our DMCA Policy at the bottom of this document to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Big Mozz’s DMCA Policy is expressly incorporated into this Agreement by this reference.
11.NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12.LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
14.PROHIBITED USES. Big Mozz imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail
bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Big Mozz in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
18.NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Big Mozz or by any third party.
19.UNITED STATES USE ONLY. The Site is controlled and operated by Big Mozz from its offices in the State of New York. The domain of the website is registered in the United States and the Site is hosted in the United States. Big Mozz makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Big Mozz’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than New York.
20.AMENDMENTS. Big Mozz reserves the right to amend these Terms. Should Big Mozz seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:
(a) Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.
1. Protecting your privacy:
We take precautions to prevent unauthorized access to or misuse of data about you. We do not engage in cross-marketing or link-referral programs.
Please review privacy policies of any third party sites linked to or from Big Mozz. 2. Data we use to provide/improve our Services and/or combat fraud/abuse: Data you post on or send via Big Mozz, and/or send us directly or via other sites. Credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
Data you submit or provide (e.g. name, address, email, phone, fax, photos, tax ID). Web log data (e.g. web pages viewed, access times, IP address, HTTP headers). Data collected via cookies (e.g. search data and “favorites” lists).
Data about your device(s) (e.g. screen size, DOM local storage, plugins). Data from 3rd parties (e.g. phone type, geo-location via IP address).
3.Data we store:
We retain data as needed for our business purposes and/or as required by law. We make good faith efforts to store data securely, but make no guarantees regarding our data storage efforts.
You may access and update certain data about you via your account login. 4. Circumstances in which we may disclose user data:
To vendors and service providers (e.g. payment processors) working on our behalf. To respond to subpoenas, search warrants, court orders, or other legal processes. To protect our rights, property, or safety or that of Big Mozz’s users or the general public.
With your consent (e.g. if you authorize us to share data with other users). In connection with a merger, bankruptcy, or sale/transfer of assets.
In aggregate/summary form, where it cannot reasonably be used to identify you. International Users – By accessing Big Mozz or providing us data, you agree we may use and disclose data we collect as described here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States.
For more information please contact our privacy officer at firstname.lastname@example.org. 5
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
You agree that you are making use of our Services at your own risk and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
In addition, to the extent permitted by applicable law, we (including our officers, directors, agents and employees) are not liable, and you agree not to hold us responsible for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
The content you provide (directly or indirectly) using the Services.
Your use of or your inability to use our Services.
Any guidance provided by Big Mozz to users in connection with its Services. Delays or disruptions in our Services.
Viruses or other malicious software obtained by accessing or linking to our Services. Glitches, bugs, errors or inaccuracies of any kind in our Services.
Damage to your hardware device from the use of any Service.
The content, actions or inactions of third parties, including items posted using our Services.
A suspension or other action taken with respect to your account or breach of any Big Mozz policy.
The duration or manner in which your postings appear in search results.
Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to these policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If you have a dispute with one or more users, you release us (and our officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
Any dispute or claim relating in any way to your use of our Services will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Big Mozz, Inc. 96 Fort Green Place, Brooklyn, NY 11217. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The AAA’s rules are
available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the
arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of Intellectual Property Rights.
Site Policies, Modification, and Severability
How to Contact Us: If you want to send us notices, please contact us at email@example.com
Modification Date: October 28, 2020
Effective Date: October 28, 2020
What Personal Data Do We Collect From You?
Personal data is information that can be used to identify you such as your name, IP address, and email address. As a business, we collect personal data from you in a number of ways including: When you purchase ecommerce items
Submitting comments or reviews on Big Mozz.com
Opt-In To Email: Your name and email address.
What Is The Purpose of Processing Your Personal Data?
We collect the information above for the following purposes.
For you to maintain a secure account on Bigmozz.com to access products purchased Opt-In To Email: To keep you up to date on events and happenings and to send you information about Big Mozz that you may be interested in receiving.
What Legal Basis Do We Have For Collecting and Processing Your Information? Websites must have a legal basis for collecting information from individuals located in the European Union. Our legal basis for each of the ways we collect information from you is as follows. Please note where consent forms the basis, you can withdraw consent at any time by opting out of any email message using the “unsubscribe” link. Opt-In To Email: We will ask for your consent first.
“Legitimate interests” for processing your personal information exist where you submit the information with an expectation that it will be processed and there is no undue impact on you. If you disagree or have questions, please contact Matt Gallira at firstname.lastname@example.org and we will cease the processing of your data under this legal basis.
Who Has Access To The Data We Collect?
We process and have access to the data we collect from you. However, we use third parties to 8
assist us with processing your personal data including the following categories of recipients: Customer service communication platform
Contest and survey platform
Email communication manager
Marketing funnel providers
Website management services
Website design and programming services
Your financial information if held and processed off the website in a secure payment gateway with a secure third party merchant provider. These third parties have signed contracts with us in which they are prohibited from utilizing, sharing or retaining your personal data for any purpose other than we dictate. Big Mozz never sells any of your private information.
Cookies and Similar Technologies
How Long Do We Keep Your Data?
We keep your personal data for different periods of time depending on the reason it was gathered in the first place.
Order purchase and account management: indefinite
Opt-In To Email: 5 years
If a legal claim arises involving your data, we will store and disclose that data until the matter has resolved.
Your Right To Ask For Corrections, Erasure, And Export Of Your Data You have the right to control your personal data. Specifically, you have the following rights:
The right to be informed: We are informing you now with this policy.
The right of access: We’ll provide you with the data we have about you.
The right to rectification: Request we fix incorrect data about you.
The right to erasure: Request we erase certain data about you.
The right to restrict processing: Ask us to restrict certain type of processing of your personal information.
The right to data portability: Ask us to provide your personal data we have for export. The right to object: Object to how we use your data.
Rights in relation to automated decision making and profiling: We don’t profile you, but keep in mind you have this right with other sites.
To exercise any of these rights, please contact Matt Gallira at info@Big Mozz.com with your request.
Do We Transfer Your Data To Other Countries?
No. We are located in the United States. Your data is collected and held here.
Privacy Concerns, Contacting Us, Complaints.
You can contact Matt Gallira at info@Big Mozz.com with your request with any questions or requests you have about these policies or your personal data. If, after contacting us, you feel a privacy issue has not been resolved, you have the right to file a complaint with a Supervisory Authority such as the Data Protection Commissioner of Ireland.
Data Controller Representative: Matt Gallira, Big Mozz.com
96 Fort Green Place, Brooklyn, NY 11217
You can also send correspondence by traditional mail
For Big Mozz Members Located In California
Do Not Track Signals. Pursuant to the California Online Privacy Protection Act, we hereby disclose that we do not currently honor “do not track” signals issued by browsers or other third party sources.
California Eraser Law.If you are an individual under 18 and have provided personal information or content to us in some manner, you have the right to request the deletion of that information pursuant to the “California Eraser Law.” Contact us to make such a request at info@Big Mozz.com.
For All Our Valued Big Mozz Members Regardless of Location
Legal Disclosures of Personal Information. We may process, store, and disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on us, (2) protect and defend our rights or property or (3) act under exigent circumstances to protect the safety of the public or users of the site.
DMCA Disclosures: We comply with the Digital Millennium Copyright Act of 1998. As part of the compliance process, we may be required to disclose whatever information we have for you to a copyright holder who has submitted a complaint to us.
Public Comments: You may leave comments on forum posts. Please remember that any information you provide is not private. The information can be viewed by anyone online including family, friends, the media, investigators, and potential employers conducting background checks.
Third Party Websites: We link to other sites, but please keep in mind that we do not control the privacy policies of those sites. Make sure to review the policies of any such sites before providing your personal information.
Sale of Business: Should we sell this site or our business, your personal information will be an asset transferred to the new owner.
What Are Cookies?
Cookies are tiny files that are downloaded to your computer to track particular aspects of your activity online to help us learn certain things about our website. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ particular elements of the site’s functionality. You may see a list of all cookies used on this site at the bottom of the page.
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this) or by manually selecting which cookies you prefer on the pop-up that appears when you first visit the site. You can also opt out of tracking by many companies using cookies via the Network Advertising Initiative Consumer Opt-Out.
Account and Login cookies (SID Connect)This site offers email subscription services providing you information and cookies may be used to remember if you are already registered and whether to show particular notifications which might only be valid to subscribed/unsubscribed users.
When you submit data through a form such as those found on contact pages or comment forms, cookies may be set to remember your user details for future correspondence.
Third Party Cookies
Account and Login Related Cookies
With particular products or services we offer, we may provide you with an account and login details. If so, the third party platform we use will often employ cookies to make login easy, and so we can identify you as a paying customer.
This site uses Google Analytics which is one of the most widespread and trusted analytics solutions on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. We also use third party analytics to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.
As we sell products, it’s important for us to understand statistics about how many of the visitors to our site make a purchase and this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.
We also use social media buttons and plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including, Facebook Instagram, Twitter, Snapchat, and YouTube, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.