Terms of Service
- USAGE. Use of the Service is void where prohibited. The Service is intended for users over the age of 10, but is open to all ages. Users are allowed to use the Services subject to and in compliance with this Agreement and all applicable local, provincial, state, national and international laws, rules and regulations. If your access to the Services has been revoked previously, you are not allowed to access the Services again.
- Your Account and Data. If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You are responsible for maintaining the confidentiality of any account information, your password and for restricting access to your account and your computer. You may never use someone else’s account without permission. You are solely responsible for any activity in your use of the Services and in your account. If your account has been compromised or if you suspect unauthorized use of your account, notify us immediately.
Wezard App/Univaris Inc 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.
You understand all information transmitted through the Services is the sole responsibility of the User from which such content originated and Wezard is not and cannot be held liable for errors or omissions in any User Content. Prodigy cannot guarantee the authenticity of data which Users may provide about themselves.
- PRIVACY: Upgraded Memberships purchased for a Pre-Paid Period will automatically terminate at the end of the Pre-Paid Period.
- Refunds: Except where required by law, Coins and Upgraded Memberships purchased directly through Wezard are non-refundable.
- Price changes: Wezard may change the price for coins and membership from time to time. Wezard will communicate any price changes to you in advance and, if applicable, how to accept those changes. Please therefore make sure you read any such notification of price changes carefully.
- Referall / Access Codes: Access to Wezard Content through use of a Access/Referal Code can be used one time.
- License: Once you have purchased a Content Subscription or used an Access Code to access Premium Content, you may access the included material for the designated period of time. You may access the Premium Content only for your own personal, educational use (“Personal Use”). Each account must purchase its own Content Subscription or enter its own Access Code, and accounts may not be shared by multiple users.
- Restrictions: You may not use any of the Content for any commercial purpose. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity. You may not post or otherwise make the Premium Content available on any website. You may not share, send, sell, sublicense, or transfer the Premium Content to someone else.
- Refunds: Except where required by law, Subscriptions and PURCHASES purchased directly through WEZARD are non-refundable.
Prohibited Content. Wezard post are for education any other content posted by any means is strictly prohibited
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains sexually suggestive, excessively violent, or offensive subject matter;
- solicits personal information from anyone under 18 years old;
- publicly posts information that poses or creates a privacy or security risk to any person;
- includes information about another person that you have posted without that person's consent;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
- contains or promotes information that you know is false or misleading, or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous;
- contains or promotes an illegal or unauthorized copy of another person's copyrighted work;
- solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
- involves the transmission of junk mail, chain letters, unsolicited mass mailings or instant messages, or spam;
- furthers or promotes any criminal activity or enterprise, or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- involves commercial activities and/or sales without prior written consent from WEZARD, such as contests, sweepstakes, bartering, advertising, or pyramid schemes;
- violates any and all applicable laws or regulations.
Prohibited Activities. You may only engage in educational and study-related activities while using the Service.The following are examples of the kind of activity that is prohibited on the Service. WEZARD reserves the right to investigate and take appropriate legal action against anyone who, in WEZARD's sole discretion, violates this provision, including without limitation, terminating your account and/or access to the Service, reporting you to appropriate governmental authorities, including law enforcement, or seeking other legal remedies. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Service;
- impersonating or attempting to impersonate another user, person or entity;
- using the account, username, or password of another user at any time, or disclosing your password to any third party, or permitting any third party to access your account;
- using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do so;
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of, or access to, a computer or a computer network;
- any automated use of the system, such as, but not limited to, using scripts to create or post Content;
- interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
- displaying an unauthorized commercial advertisement on the Service, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that party;
- reproducing, duplicating, copying, selling, reselling, trading, or exploiting for any commercial purposes, any portion of, or access to, the Content and/or functionality offered through the Service, unless you have been specifically allowed to do so in a separate agreement;
- using the Service in a manner inconsistent with any and all applicable laws or regulations.
- You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services.
- WEZARDs MAKES NO REPRESENTATION OR WARRANTY THE SERVICES (1) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE TO YOUR LIKING; (2) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, UNINTERRUPTED OR THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (3) WILL BE CORRECTED, REPAIRED OR OTHERWISE RESTORED FOR ANY DEFECTS OR ERRORS THAT OCCUR - SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED.
License. By submitting Content or any other material to WEZARD for inclusion on the Service or for any other purpose, for example posting a study set, answering a survey or sending WEZARD an email, you grant WEZARD a world-wide, perpetual, royalty-free license (with right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content or material in any and all media or distribution methods (existing or subsequently developed). additional uses by WEZARD, or other companies or individuals who partner with WEZARD, may be made with no compensation paid to you with respect to the Content or material that you submit, post, or otherwise make available to WEZARD or through the Service.
Responsibility of Service Visitors. WEZARD has not reviewed, and cannot review, all Content posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, WEZARD does not represent or imply that it endorses the material posted thereon, or that it believes such material to be accurate, useful or non-harmful. 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 material. The Service may contain material that is offensive, indecent, or otherwise objectionable, as well as Content in which technical, factual, or other inaccuracies, typographical mistakes, or other errors may be present. The Service may also contain material that violates or infringes the intellectual property and other proprietary rights of third parties, or of which the downloading, copying or use may be subject to additional terms and conditions, stated or unstated. WEZARD disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content posted thereon. Visitors who discover Content or other material in violation of these Terms or WEZARD’s Community Guidelines are encouraged to report such material to WEZARD using the reporting functions available on the Service.
Copyright Infringement and DMCA Policy. WEZARD respects the intellectual property rights of others. If you believe that material located on or linked to by WEZARD violates your copyright, you are encouraged to notify WEZARD in accordance with WEZARD's Digital Millennium Copyright Act (“DMCA”) Policy. WEZARD will respond to all such notices, including by removing the infringing Content or disabling all links to the infringing Content, as required or appropriate. In the case of a visitor who may infringe, once or repeatedly, the copyrights or other intellectual property rights of WEZARD or others, WEZARD may, in its discretion, terminate or deny access to, or use of, the Service. In the case of such termination, WEZARD will be under no obligation to provide a refund of any amounts previously paid to WEZARD by that user.
Intellectual Wezard, Wezard, Wezards.com, the Wezard logo, and all other service marks, graphics and logos used in connection with WEZARD, or the Service are trademarks or registered trademarks of WEZARD or WEZARD's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any WEZARD or third-party trademarks. Audio files and software may not be sold or redistributed, or offered as a service to others.
Changes to the Service and Terms. The Service, including without limitation all content there available, product and membership features, any and all of WEZARD’s policies, and these Terms of Service, may be changed at the sole discretion of WEZARD without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms of Service, and as such, you should periodically review these Terms of Service.
LIMITATION OF WARRANTIES OF WEZARD, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, ALL CONTENT POSTED TO OR AVAILABLE FROM THE SERVICE IS PROVIDED "AS IS", AND WEZARD, ITS SUPPLIERS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WEZARD, ITS SUPPLIERS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD SUCH CONTENT OR THE USE OF THE SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY OF WEZARD, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO CIRCUMSTANCE WILL WEZARD, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE SERVICE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF WEZARD, ITS SUPPLIERS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST WEZARD, ITS SUPPLIERS AND ITS LICENSORS ARISING FROM, OR RELATED TO, USE OF THE SERVICE, OR THE CONTENTS THEREOF, OR OF ANY HYPERLINKED WEBSITE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO WEZARD DURING THE 12-MONTH PERIOD PRIOR TO THE DATE A CLAIM IS MADE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PARTIES AGREE THAT THIS SECTION, SECTION 10, REPRESENTS A REASONABLE ALLOCATION OF RISK.
Disputes with WEZARD. In the case of any dispute between you and WEZARD arising out of or connected to these Terms of Service or your use of the Service, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
- Binding Arbitration: Any dispute arising out of or relating to these Terms or your use of our Services will be settled through binding arbitration, conducted by the American Arbitration Association ("AAA") and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND WEZARD KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
- Disputes will be settled on an individual basis: YOU AND WEZARD KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in Ontario, Canada to protect the party’s intellectual property rights pending completion of the arbitration.
Governing Law. WEZARD is located in Toronto , CANADA, with our headquarters in San Francisco. Except to the extent any applicable law provides otherwise, these Terms of Service and any access to or use of the Service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, regardless of where you are located in the world.
Indemnification. You agree to defend, indemnify and hold harmless WEZARD, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.
Miscellaneous. You agree to defend, indemnify and hold harmless WEZARD, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.
Severability. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the drafter’s original intent, and the remaining portions will remain in full force and effect.
Non-waiver of Rights. A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Assignment. You may assign your rights under these Terms of Service to any party that consents to, and agrees to be bound by, its terms. WEZARD may assign its rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.