KaZaZZ! Media Affiliation Program
TERMS AND
CONDITIONS
"KaZaZZ! Media Affiliation Program"
is operated through services powered by KaZaZZ! Entertainment, Inc., Inc., under the terms
and conditions contained in this document (referred to as "Terms and
Conditions").
2.
DESCRIPTION OF SERVICE
"KaZaZZ! Media Affiliation Program"
is provides media compaines with the ability to market advertiser web sites via the World
Wide Web on KaZaZZ! Search Engine.
3. MEMBER
OBLIGATIONS
In consideration for this Service,
you agree to provide certain information about yourself as prompted to do so by the
Service, and update this information as necessary to keep it current, complete and
accurate. All information requested on original sign up shall be referred to as
registration data ("Registration Data"). Furthermore, you are granting "KaZaZZ!
Media Affiliation Program" the right to disclose to third parties certain
information about you; however, such disclosures will exclude Member's name, mailing
address, account and phone number, unless you expressly direct "KaZaZZ! Media
Affiliation Program" to disclose such information or "KaZaZZ! Media
Affiliation Program" is required to disclose such information by operation of law
or to comply with legal process served on "KaZaZZ! Media Affiliation Program".
If any information provided by you is inaccurate, "KaZaZZ! Media Affiliation
Program" retains the right to terminate your membership and all associated rights
to the Service.
4.
MODIFICATIONS TO TERMS OF SERVICE
"KaZaZZ! Media Affiliation Program"
may change the Terms and Conditions of service from time to time. It is your
responsibility to check this document periodically for any changes or modifications, as
there will be no individual notices to Members regarding such changes or modifications.
Your continued use of the Service constitutes an affirmative acknowledgment by you of the
Terms and Conditions and any subsequent modifications made to them and your agreement to
abide and be bound by them.
5.
MODIFICATIONS TO THE SERVICE
"KaZaZZ! Media Affiliation Program"
reserves the right to modify or discontinue the Service with or without notice to its
Members. "KaZaZZ! Media Affiliation Program" shall be not liable to
Member or any third party should they exercise their right to modify or discontinue the
Service.
6.
DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF
THE SERVICE IS AT MEMBER'S SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
"KaZaZZ! Media Affiliation Program"
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
"KaZaZZ! Media Affiliation Program"
MAKE NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. "KaZaZZ! Media Affiliation
Program" MAKES NO GUARANTEES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
"KaZaZZ! Media Affiliation Program"
MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY MEMBER FROM "KaZaZZ! Media Affiliation Program" OR THROUGH
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7.
LIMITATION OF LIABILITY
"KaZaZZ! Media Affiliation Program"
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE
SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS
OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF "KaZaZZ! Media Affiliation Program" HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
8. MEMBER
CONDUCT
You are solely responsible for the contents of your
transmissions through the Service. Your use of the Service is subject to all applicable
local, state, national and international laws and regulations. Therefore, you agree: (1)
to comply with all applicable United States laws regarding the transmission of technical
data exported from the U.S. through the Service; (2) that you shall not use the Service
for illegal purposes; (3) that you shall not interfere or disrupt networks connected to
the Service; and (4) that you shall comply with all regulations, policies and procedures
of networks connected to the Service.
9.
INDEMNIFICATION
You agree to indemnify and hold KaZaZZ!
Entertainment, Inc., Inc., its officers, directors, employees, subsidiaries, affiliates,
successors and assigns, harmless from any third party claim or demand, including
reasonable attorneys' fees, made in connection with or arising out of your use of the
Service, your violation of the Terms and Conditions, or the infringement by you, or other
users of the Service using your membership, of any intellectual property, right of privacy
or publicity, or other right of any person or entity.
10.
TERMINATION/CANCELLATION
"KaZaZZ! Media Affiliation Program"
can terminate the Service with or without cause at any time and effective immediately.
Termination shall be accompanied by a written notice. "KaZaZZ! Media Affiliation
Program" shall not be liable to you or any third party for termination of
Service.
11. NOTICE
Except as otherwise indicated herein, all notices to
you from "KaZaZZ! Media Affiliation Program" or from you to "KaZaZZ!
Media Affiliation Program" shall be in writing and shall be made via email or
conventional mail. "KaZaZZ! Media Affiliation Program" may post notices
or messages through the Service to inform Members of changes to the Service, or the Terms
and Conditions of service, or other matters of importance; such postings shall constitute
sufficient written notice to Member.
12. LAWS
This Terms and Conditions agreement shall be governed by
and construed in accordance with the laws of the state of Texas, excluding its conflict of
law provisions. Both Member and "KaZaZZ! Media Affiliation Program" agree
to submit to the exclusive jurisdiction of the courts of the state of Texas.
If any provision(s) of these Terms and Conditions are
held by a court of competent jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions of the parties with
the other provisions remaining in full force and effect.
"KaZaZZ! Media Affiliation Program"'s
or KaZaZZ! Entertainment, Inc., Inc. failure to exercise or enforce any right or provision
of the Terms and Conditions shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by "KaZaZZ! Media Affiliation Program"
in writing.
By agreeing to these Terms and Conditions you certify
that all information you supply to this service is true and correct to the best of your
knowledge.
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