Terms & Conditions

Last updated: July 1, 2021

Welcome to SizzleSells.com. Sizzle.network and Sizzle.shop, Sizzle, Inc. and/or its affiliates (“Sizzle”) provide website features and other products and services to you when you visit or shop at Sizzle.shop, use Sizzle products or services, use Sizzle applications for mobile, or use software provided by Sizzle in connection with any of the foregoing (collectively, “Sizzle Services”). By using the Sizzle Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.

Please read these conditions carefully. We offer a wide range of Sizzle Services, and sometimes additional terms may apply. When you use an Sizzle Service (for example, Your Profile, Gift Cards, Sizzle Video, Your Media Library, or Sizzle devices) you also will be subject to the guidelines, terms, and agreements applicable to that Sizzle Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy

Please review our Privacy Notice, which also governs your use of Sizzle Services, to understand our practices.

Electronic Communications

When you use Sizzle Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Sizzle Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Sizzle Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Sizzle or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Sizzle Service is the exclusive property of Sizzle and protected by U.S. and international copyright laws.

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Sizzle Service are trademarks or trade dress of Sizzle in the U.S. and other countries. Sizzle’s trademarks and trade dress may not be used in connection with any product or service that is not Sizzle’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sizzle. All other trademarks not owned by Sizzle that appear in any Sizzle Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sizzle.

Patents

One or more patents owned by Sizzle apply to the Sizzle Services and to the features and services accessible via the Sizzle Services. Portions of the Sizzle Services operate under license of one or more patents.

License and Access

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Sizzle or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Sizzle Services. This license does not include any resale or commercial use of any Sizzle Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Sizzle Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Sizzle or its licensors, suppliers, publishers, rightsholders, or other content providers. No Sizzle Service, nor any part of any Sizzle Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sizzle. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sizzle without express written consent. You may not use any meta tags or any other “hidden text” utilizing Sizzle’s name or trademarks without the express written consent of Sizzle. You may not misuse the Sizzle Services. You may use the Sizzle Services only as permitted by law. The licenses granted by Sizzle terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

You may need your own Sizzle account to use certain Sizzle Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Sizzle does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sizzle Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Sizzle Household. Alcohol listings on Sizzle are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Sizzle reserves the right to refuse service, terminate accounts, terminate your rights to use Sizzle Services, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and other content

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Sizzle reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Sizzle a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Sizzle and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sizzle for all claims resulting from content you supply. Sizzle has the right but not the obligation to monitor and edit or remove any activity or content. Sizzle takes no responsibility and assumes no liability for any content posted by you or any third party.

Intellectual Property complaints

Sizzle respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please notify our Customer Service.

Risk of loss

All purchases of physical items from Sizzle are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, Refunds, and Title

Sizzle does not take title to returned items until the item arrives at our Merchant’s location. At our Merchant’s discretion, a refund may be issued without requiring a return. In this situation, Sizzle’s Merchant does not take title to the refunded item.

Product descriptions

Sizzle attempts to be as accurate as possible. However, Sizzle does not warrant that product descriptions or other content of any Sizzle Service is accurate, complete, reliable, current, or error-free. If a product offered by Sizzle itself is not as described, your sole remedy is to return it in unused condition.

Pricing

List Price means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Sizzle and other retailers.

With respect to items sold by Sizzle, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Sizzle is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP Permissions

When you use apps created by Sizzle, such as the Sizzle App you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

Sanctions and Export Policy

You may not use any Sizzle Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Sizzle Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Sizzle Software), technology, and services.

Other Businesses

Parties other than Sizzle operate stores, provide services or software, or sell product lines through the Sizzle Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Sizzle. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Sizzle does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warrantites and Limitation of Liability

THE SIZZLE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SIZZLE SERVICES ARE PROVIDED BY SIZZLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SIZZLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SIZZLE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SIZZLE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SIZZLE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, SIZZLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIZZLE DOES NOT WARRANT THAT THE SIZZLE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SIZZLE SERVICES, SIZZLE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Sizzle ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SIZZLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SIZZLE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SIZZLE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Disputes

Any dispute or claim relating in any way to your use of any Sizzle Service will be adjudicated in the state or Federal courts in Los Angeles County, California, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

Applicable Law

By using any Sizzle Service, you agree that applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Sizzle.

Site Policies, Modification, and Severability

Please review our other policies, posted on this site. These policies also govern your use of Sizzle Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Sizzle, Inc.

23679 Calabasas Rd. Suite 785

Calabasas, CA 91302

http://sizzlesells.com

Additional Sizzle Software Terms

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Sizzle Services (the “Sizzle Software”).

Use of the Sizzle Software. You may use Sizzle Software solely for purposes of enabling you to use the Sizzle Services as provided by Sizzle, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Sizzle Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Sizzle Software in whole or in part. All software used in any Sizzle Service is the property of Sizzle or its software suppliers and is protected by United States and international copyright laws.
Use of Third Party Services. When you use the Sizzle Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Sizzle Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Sizzle Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the Sizzle Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Sizzle Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other Sizzle or third-party terms applicable to any portion of Sizzle Software, such as open-source license terms, such other terms will control as to that portion of the Sizzle Software and to the extent of the conflict.

How to serve a Subpoena or other Legal Process

Sizzle accepts service of subpoenas or other legal process only through Sizzle’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:

Sizzle, Inc.

23679 Calabasas Rd. Suite 785 Calabasas, CA 91302

Attn: Legal Department – Legal Process

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Sizzle devices; and IP address and complete time stamps.

Notice and Procedure for Making Claims of Intellectual Property Infringement

If you believe that your intellectual property rights have been infringed, please submit your complaint using our email: legal@sizzle.network. This may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Sizzle.com Legal Department

23679 Calabasas Red. Suite 785

Calabasas, CA 91302

e-mail: legal@Sizzle.network

Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A 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; and
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.