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 Advertising
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 Advertising Program" to
disclose such information or "KaZaZZ Advertising Program" is required to
disclose such information by operation of law or to comply with legal process served on
"KaZaZZ Advertising Program". If any information provided by you is
inaccurate, "KaZaZZ Advertising Program" retains the right to terminate
your membership and all associated rights to the Service. Guaranteed Inclusion
into KaZaZZ! Web Search can only be sold by authorized companies approved by KaZaZZ!
4. MODIFICATIONS TO TERMS OF SERVICE
"KaZaZZ Advertising 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 Advertising Program" reserve the right to
modify or discontinue the Service with or without notice to its Members. "KaZaZZ
Advertising 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 Advertising 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. Initial balances in bid accounts are non-refundable.
"KaZaZZ Advertising 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 Advertising 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 Advertising 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 Advertising 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 Advertising 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 Advertising 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.,
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 Advertising Program" can terminate the
Service with or without cause at any time and effective immediately. Termination shall be
accompanied by a written notice. "KaZaZZ Advertising Program" shall not
be liable to you or any third party for termination of Service. There is not contract for
this service and advertisers will be invoiced on a month to month basis.
Advertisers can cancel serivice at any time and must notify KaZaZZ Advertising Program of
cancellation via email or in writing prior to the 15th day of the month of the month in
which advertising is provided.
11. NOTICE
Except as otherwise indicated herein, all notices to you from "KaZaZZ
Advertising Program" or from you to "KaZaZZ Advertising Program"
shall be in writing and shall be made via email or conventional mail. "KaZaZZ
Advertising 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.
