Welcome to the fizwoz Service (the "Service"), which provides an online marketplace through which you can upload pictures and videos along with descriptions and metadata for such content (collectively, "Your Content"), allow potential media buyers who use the Service to preview Your Content, and offer license rights to use Your Content to interested media buyers.

This Seller Agreement (this "Seller Agreement"), which includes the fizwoz privacy policy that may be found at http://www.fizwoz.com/index.php?do=policies and that is hereby incorporated by reference into the Agreement, sets forth the legally binding terms for your use of the Service as a provider of original mobile content (a "Seller"). (If you are interested in becoming a purchaser of license rights to the mobile content of others (a "Buyer"), you should agree to the terms and conditions of fizwoz's Buyer Agreement.) The Service consists of access to the fizwoz website (the "Website") with the access privileges of a Seller, including the right to upload Your Content for posting in the Seller areas of the Website in accordance with the terms of this Seller Agreement, along with any other features, content, or applications that we may offer from time to time in connection with the Website. If you sign up for additional features and services, those features and services may be governed by additional terms and conditions, in which case we will inform you of those terms and conditions when you sign up. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated by reference into the Seller Agreement.

By accessing and using the Service, you agree to comply with and be bound by the Seller Agreement. If you are an individual using the Service on behalf of a company, you represent and warrant that you have all necessary authority to bind your company to the terms and conditions of the Agreement.

PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (THE INDIVIDUAL USING THE SERVICE, OR THE COMPANY ON WHOSE BEHALF YOU ARE USING THE SERVICE, IF ANY) AND fizwoz, INC. ("fizwoz", "WE", OR "US").

1. YOUR ACCOUNT. In order to use the Service as a Seller, you must register on the Website for a fizwoz account (an "Account") and agree to the terms and conditions of this Seller Agreement.

1.1 Eligibility. By using the Service, you hereby represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will update such information to maintain its accuracy at all times; (c) you are at least eighteen (18) years of age, and are of sufficient legal age in your jurisdiction to create binding legal obligations; and (d) your use of the Service does not and will not violate any applicable law or regulation, or any obligation (including contractual obligations) that you may have to a third party. Your Account may be deleted without warning if we believe that any of these representations and warranties has been breached or is inaccurate.

1.2 Passwords and Security. When you register for an Account, you will also be asked to choose a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to share your password with others, or to use the Account or password of another user at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. Notwithstanding anything herein to the contrary, you acknowledge and agree that you are responsible for any and all use of your Account (including any transactions conducted through your Account).

1.3 Term and Termination. This Seller Agreement shall remain in full force and effect from the time that you begin using the Service until your Account is terminated. You may terminate your Account at any time, for any or no reason, by selecting the appropriate option in the settings of your Account. We may terminate your Account, for any or no reason at any time, by providing notice to you or by otherwise ceasing to provide the Service to you. You agree that termination of the Agreement and the Account you have created with us may involve deletion of your Account information and any or all of Your Content from our servers and databases. We will not have any liability whatsoever to you for any termination of your Account or for the deletion of Your Content or any of your information on our servers or databases.

2. YOUR CONTENT

2.1 Uploading Your Content. From time to time, you may upload Your Content to the Service for browsing and previewing by other users of the Website, in accordance with the then-current user documentation for the Service. You represent and warrant that you have exclusive ownership of all Your Content that you upload to the Service, and have the right to post, distribute, and grant the licenses to Your Content set forth in this Agreement. PLEASE NOTE THAT ANY CONTENT THAT YOU PROVIDE MAY BE ACCESSIBLE BY EVERY USER OF THE SERVICE AND BY VISITORS OF THE WEBSITE. PLEASE MAKE SURE THAT YOU ONLY PROVIDE CONTENT AND INFORMATION TO THE SERVICE THAT YOU ARE ALLOWED TO PROVIDE WITHOUT VIOLATING ANY OBLIGATIONS YOU MIGHT HAVE TO A THIRD PARTY, INCLUDING ANY CONFIDENTIALITY OBLIGATIONS. PLEASE DO NOT PROVIDE ANY INFORMATION THAT YOU ARE NOT ALLOWED TO SHARE WITH OTHERS, INCLUDING BY CONTRACT OR LAW.

2.2 License. You hereby grant to us an unrestricted, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute Your Content for the sole purposes of (a) creating preview versions of Your Content for display in connection with the Service; (b) distributing, performing, and displaying such preview versions to potential Buyers in connection with the Service; and (c) delivering the uncompressed, original-resolution version of Your Content to any Buyer that enters into a Content Rights Agreement for Your Content. Within thirty (30) days after the termination of your Account, we will remove Your Content from our servers, whereupon the foregoing license will terminate.

2.3 Storage Limitations. We reserve the right to establish file-size limitations, storage quotas, and storage duration limitations for Your Content by posting it to our Content Storage Policy page on the Website, and may enforce and amend such limitations in accordance with the terms set forth in the Content Storage Policy page. From time to time, we may make storage in excess of the applicable storage quotas available to you for a fee.

2.4 Prohibited Content. You agree that you will not upload, distribute, license, sell, offer for license or sale, or otherwise deal in or with Prohibited Content using the Service. "Prohibited Content" is any content or material that fizwoz in its sole discretion deems to be unfit to be posted, distributed, displayed, sold, or purchased through the Service. Without limiting the foregoing, "Prohibited Content" includes any content that (a) infringes or misappropriates any copyright, trademark, or any other intellectual property rights of a third party; (b) violates any right of privacy, right of publicity, or other similar right of a third party; (c) is defamatory or libelous; (d) is illegal to transmit, distribute, sell, or buy, or are otherwise prohibited or restricted under any applicable law or regulation, including any international, federal, or state laws and regulations; (e) depicts any individual under the age of eighteen (18) without written consent from such individual's parent or guardian; (f) depicts or constitutes evidence of a crime or preparation for the commission of a crime; (g) is sold, or offered for sale, in violation of any applicable import or export law or regulation; (h) contains partial or full nudity, or other sexually-explicit, pornographic, indecent, obscene, "adult", or offensive material; (i) contains violent, distasteful, disgusting, or visually-disturbing material; (j) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (k) provides instructional information regarding, or otherwise encourages or enables, illegal activities; or (l) contains viruses, rootkits, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar malicious code. We have the right (but not the obligation) to review any of Your Content and delete (or modify) any of Your Content that (i) constitutes Prohibited Content, (ii) we believe in our sole discretion violates this Seller Agreement, or (iii) may otherwise harm, violate the rights of, or threaten the safety of any other user of the Service or any other person, or create liability for us or any user of the Service. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of the Seller Agreement, including without limitation, removing Your Content from the Service (or modifying it), terminating your Account, reporting you to law enforcement authorities, and taking further legal action against you. You are solely responsible for creating backup copies of any of Your Content you post on the Service at your sole cost and expense.

3. TRANSACTIONS INVOLVING YOUR CONTENT

3.1 Content Rights. The Service is a marketplace where you may offer to Buyers certain license rights to use Your Content for a mutually-agreed upon price. These license rights (the "Standard Content Rights") are exclusive you are transferring the ownership of your content to the Buyer and relinquish your rights to use or reproduce the content that you have sold without expressly seeking the permission from the Buyer to do so. These Content Rights will be displayed to potential Buyers as they browse the preview version of Your Content. If you and a Buyer come to an agreement on the purchase of Content Rights for Your Content (a "Sale"), you shall directly enter into a separate written license agreement with such Buyer that sets forth the applicable Content Rights (each, a "Content Rights Agreement").

(a) Standard Content Rights. For your convenience, we provide a standardized set of nonexclusive Content Rights (the "Standard Content Rights. Please read the Standard Content Rights carefully before you decide to use them. We provide the form of Standard Content Rights for your convenience, but make no representations or warranties that the terms of the Standard Content Rights will meet your needs and provide no legal advice with respect to their enforceability or suitability. You are solely responsible for determining whether the Standard Content Rights are appropriate for you, including by obtaining any legal advice you feel is appropriate.

3.2 Ways to Sell Content Rights on the Service. Once you have uploaded Your Content to the Website, there are two areas where Your Content may be displayed for preview and browsing by potential Buyers:

(a) fizwoz Marketplace. By default, Your Content will be initially posted in the fizwoz Marketplace section of the Website, where it will be displayed to potential Buyers who will have an opportunity to place bids for Standard Content Rights to Your Content. You agree and acknowledge that the fizwoz Marketplace may only be used to sell Standard Content Rights. You will have the opportunity to set a minimum offer price for Your Content (the "Reserve Price") and optionally a starting bid price (the "Starting Price") and a Buy Now price (the "Buy Now Price") . Depend on the category in which you place your content said content will be displayed on fizwoz Marketplace for various lengths of time (the "Auction Duration"). At the end of the auction duration, if a Buyer makes an offer for Your Content that exceeds the Reserve Price (a "Qualifying Offer"), then you agree to grant the Standard Content Rights for Your Content to such Buyer. At the end of each session, if no Buyer makes a Qualifying Offer, then Your Content will be automatically reposted in fizwoz Marketplace for an additional auction duration until Your Content has been posted continuously in fizwoz Marketplace for an amount of time (the "Total Auction Duration") determined by fizwoz for each category. You can change the Starting Price and optional Reserve Price and Buy Now price at any time by accessing your account on fizwoz marketplace. Your new prices will be reflected the next time your content is reposted to the auction. If your content is unsold after the Total Auction Duration your Content will then be automatically removed from fizwoz Marketplace until you decide to (i) Remove your content from fizwoz marketplace (ii) re-post Your Content in fizwoz Marketplace, in which case Your Content will be reposted pursuant to the terms of this Section 3.2(a); (Iii) Designate Your Content for Syndication pursuant to Section 4 below post Your Content in fizwoz Images pursuant to Section 3.2(b) below.

(b) fizwoz Images. After Your Content has been posted on fizwoz Marketplace for the Total Auction Duration without receiving a Qualifying Offer, you have the option to assign a non exclusive copyright to fizwoz. Fizwoz will use best efforts to monetize your content on fizwoz images. Fizwoz Images allows buyers to obtain a sublicense to use your content in association with advertising that will be sold by fizwoz or fizwoz partners (Advertising Partners). Said advertising will be displayed in association with your content for which you will receive a share of the advertising revenue associated with your content as defined in Section 4 below.

3.3 Delivery of Your Content. When a Buyer makes a Qualifying Offer for Your Content through fizwoz Marketplace or offers your asking price through fizwoz Images, you authorize us to deliver full-resolution versions of Your Content to such Buyer following payment by the Buyer to you the Seller minus the fizwoz marketplace commission as detailed in 5.

3.4 fizwoz Not a Party. You agree and acknowledge that the Service is only a venue for you to interact with potential Buyers to facilitate the negotiation of Content Rights Agreements for Your Content. fizwoz is not a party to any Content Rights Agreement or to any transaction between you or any other user of the Service, and we have no control over any such transaction or any of Your Content (including its legality, quality, and safety). You are solely responsible for all of your interactions with other users, and acknowledge and agree that we are not responsible or liable in any way in connection with Your Content or with any breach of a Content Rights Agreement by any user of the Service. Your interactions with other users of the Service or with advertisers are solely between you and such third parties, and you agree that we are not responsible for any loss or damage incurred as the result of any such dealings, or with respect to any other user's use or disclosure of information about you that you have posted. If there is a dispute between you and any other user or third party, we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other users.

4. SYNDICATION OF YOUR CONTENT

4.1 Providing Your Content for Syndication. "Syndication" is an option where fizwoz bundles together a collection of content "fizwoz Images" and offers to license the resulting bundle of content to one or more media buyers in exchange for a fee. You can make Your Content available to us by designating Your Content for "Syndication" in the user interface of the Website. In return, to the extent that we generate revenues from the Syndication of Your Content, we will pay you a share in accordance with Section 4.3 below.

4.2 Syndication License. You hereby grant to fizwoz a nonexclusive, worldwide, perpetual and irrevocable, transferable license, with rights to sublicense through multiple levels of sublicensees, to use, reproduce, create derivative works of, distribute, publicly perform, and publicly display, through any form of media and by all means now known or later developed, all of Your Content that you designated for Syndication ("Your Syndicated Content").

4.3 Revenue Share. In consideration for the license rights set forth above in Section 4.2 above, we will pay you a revenue share (a "Revenue Share") in an amount determined in accordance with the revenue share formula set forth in our then-current Syndication Revenue Share Policy. Such payments shall be made in accordance with the payment terms set forth in our then-current Syndication Revenue Share Policy.

4.4 No Guarantees. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE, ACKNOWLEDGE, AND UNDERSTAND THAT WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES ABOUT THE REVENUE SHARE, IF ANY, THAT WILL BE PAID TO YOU AS A RESULT OF YOUR SYNDICATED CONTENT. WE CANNOT GUARANTEE THAT WE WILL BE ABLE TO LICENSE YOUR SYNDICATED CONTENT TO ANY THIRD PARTY, AND RESERVE THE RIGHT TO DETERMINE WHICH CONTENT TO INCLUDE IN ANY BUNDLED CONTENT OFFERING THAT WE OFFER TO THIRD PARTIES FOR SYNDICATION ("SYNDICATED CONTENT BUNDLES"). YOU AGREE AND UNDERSTAND THAT YOUR SYNDICATED CONTENT MAY NOT BE INCLUDED IN ANY SYNDICATED CONTENT BUNDLES THAT ARE LICENSED BY THIRD PARTIES, OR IN ANY SYNDICATED CONTENT BUNDLES AT ALL IF WE SO DETERMINE IN OUR SOLE DISCRETION.

5. SERVICE FEES

5.1 Per-Transaction Fee. In consideration of our provision of the Service to you, you will pay to us a service fee that is equal to forty percent (40%) of all amounts that you charge to a Buyer, whether directly or indirectly, in connection with any Content Transaction. A "Content Transaction" means any grant of rights under the Standard Content Rights Transfer Agreement of any of Your Content that you have posted at any time on the Service, whether through a Content Rights Agreement or otherwise.

5.2 Payment Terms. You hereby authorize fizwoz to automatically withhold the per transaction fee for all Content Transactions and forward to your account the balance of the Content Transaction earned by you for concluding a successful Content Transaction. 6. ACCEPTABLE USE AND CONDUCT

6.1 Acceptable Use Policy. You agree to strictly abide by our Acceptable Use Policy, as may be posted on the Website. We may amend our Acceptable Use Policy from time to time by posting the amended version on our Website and providing notice on revised Seller Agreements. You will use the Service solely in a manner that is consistent with any and all applicable laws and regulations and solely for lawful purposes. You will not attempt to impersonate another User or person, including any of our employees. You will not use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of communications which a user may send to other users and the sharing of any of Your Content in any twenty-four (24) hour period to a number and amount which we deem appropriate in our sole discretion. You are solely responsible for any and all content that is posted through your Account on the Service and for your interactions with other Users. Any use of the Service in violation of this Seller Agreement or the Acceptable Use Policy may result in, among other consequences, termination or suspension of your rights to use the Service. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and other users, or to ensure the integrity and operation of our business, systems, and the Service, we may access and disclose any information we consider necessary or appropriate, including, without limitation, Account information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, information regarding content posted, and Your Content purchased, sold, or dealt with using the Service.

6.2 Service Interference. You will not: (a) cover or obscure any banner advertisements on the Service, or any fizwoz page via HTML/CSS, scripting, or any other means; (b) interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service; (c) introduce software, scripts, or automated agents to the Service, or access the Service through such software or agents, whether for producing multiple accounts, generating automated messages, stripping or mining data from the Service, or for any other purpose; or (d) interfere with, disrupt, or modify any data or functionality of the Service.

7. INTELLECTUAL PROPERTY OWNERSHIP

7.1 Ownership of Service. You acknowledge that all the intellectual property rights in the Service and all content, features, and applications available through the Service (excluding Your Content that you upload to the Service) are owned by fizwoz or its licensors. You agree not to (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Service; or (b) rent, lease, loan, or sell access to the Service. We reserve the right to modify, enhance, or discontinue the Service at any time without notice.

7.2 Ownership of Your Content. As between fizwoz and you, you retain ownership of Your Content and all intellectual property rights therein.

8. THIRD PARTIES. Material from other users of the Service, advertisers, and other third parties ("Third-Party Material") is made available to you through the Service, and may include advertising and information about third-party products or services. Because we do not control such Third-Party Material, you agree that we (a) are not responsible for any such Third-Party Material; and (b) make no representations or guarantees about the accuracy, currency, suitability, or quality of such Third-Party Material. Without limiting the foregoing, we assume no responsibility for objectionable, inaccurate, misleading, or unlawful Third-Party Material. In addition, the Service may contain links to third-party websites ("Third-Party Websites") that are (i) placed by us as a service to those interested in this information; or (ii) posted by other users of the Service. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites, or websites linking to the Website. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

9. DISCLAIMERS. Under no circumstances shall we be responsible for (a) any errors or inaccuracies in the materials (including any content descriptions or information in profiles) posted on the Service, whether caused by users of the Service or by any of the equipment or programming associated with or utilized in the Service; (b) any content offered, negotiated, sold, or bought, or otherwise traded through the Service; (c) the conduct, whether online or offline, of any user of the Service, including any interaction, communication, transactions, or other dealings between users or any failure of a Buyer or Seller to comply with the terms of a Content Rights Agreement; (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other users; (e) any problems or technical malfunction of any hardware or software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service; (f) any loss or damage, including property damage, personal injury, or death, resulting from use of the Service or from any materials posted on the Website or transmitted to users, any interactions between users of the Service, and any interactions and dealings between Users in connection with the sale or purchase of content license rights, whether online or offline, and (g) the performance of the Service (or the lack thereof).

THE SERVICE IS PROVIDED "AS-IS" AND "AS-AVAILABLE." WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) AND (B) THE SERVICE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE FIRST CLAIM TO GIVE RISE TO LIABILITY UNDER THE AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

11. GENERAL LEGAL TERMS

11.1 Amendments. This Agreement may be modified by us from time to time. If we make material changes to the Agreement, we will notify you by sending an e-mail to your e-mail address, as specified in your Account. You agree that such amended Agreement will be effective thirty (30) days after being sent to you, and your continued use of the Service after that time shall constitute your acceptance of the amended Agreement.

11.2 Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of the Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.

11.3 Release. To the maximum extent permitted by applicable law, you hereby release each of us, our officers, employees, agents and successors from all claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interaction, dealing, or transaction with another User, whether online or offline. If you are a California resident, you waive your rights, whether known or unknown, under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.

11.4 Survival. The provisions under Sections 4, 5, 7, 8, 9, 10, and 11 will survive expiration or termination of the Agreement for any reason.

11.5 Indemnity. You agree to defend, indemnify, and hold each of us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party arising from or related to (a) your acts or omissions in connection with your use of the Service (including any disputes that may arise between you and other Users, (b) Your Content (including any of Your Syndicated Content), including (i) any inaccuracies in the description or other claims or representations that you provide for Your Content; or (ii) any infringement, misappropriation, or violation of any third-party intellectual property rights, rights of privacy, or other proprietary rights of a third party by Your Content; (c) any breach of a Content Rights Agreement by you; and (d) any breach of this Seller Agreement by you.

11.6 Severability. If any provision of this Agreement is found or held to be invalid or unenforceable by any tribunal of competent jurisdiction, then the meaning of such provision will be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it will be severed from the remainder of this Agreement, which will remain in full force and effect.

11.7 Notices. Any notice to fizwoz must be delivered in writing to fizwoz at the address listed below by courier, by certified or registered mail (postage prepaid and return receipt requested), or by a nationally-recognized express mail service. Notice will be effective upon receipt by fizwoz.

fizwoz, Inc.
c/o Cooley Godward Kronish, LLP
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306

11.8 Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the exclusive jurisdiction of the state courts located within San Francisco County and the federal courts in the Northern District of California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

11.9 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of the Agreement shall not operate as a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect; as used in the Agreement, the word "including" means "including but not limited to". Please contact us with any questions regarding the Agreement by e-mailing us at: support@fizwoz.com

11.10 Disclosures. Under California Civil Code Section 1789.3, users who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at (916) 445-1254.

11.11 Copyright/Trademark Information. Copyright 2009, fizwoz, Inc. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.

11.12 Copyright Violations. It is our policy to terminate membership privileges of any user who repeatedly infringes any copyright, after we have been notified by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on the Service or our Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Service or Website; (d) your address, telephone number, and e-mail address; (f) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:

fizwoz, Inc.
c/o Cooley Godward Kronish, LLP
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306