NOTE THAT THIS AGREEMENT REQUIRES THAT YOU RESOLVE ANY CLAIMS YOU HAVE AGAINST KAZZAM IN BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, REPRESENTATIVE ACTION OR PROCEEDING AGAINST KAZZAM. THE AGREEMENT ALSO PRECLUDES YOU from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against KAZZAM by someone else.
The Kazzam Platform enables a person planning a party (“Consumer”) to arrange, schedule and purchase party services and related goods from a person or business supplying those services (“Kazzamer”, together with a Consumer, “User”). A User must have an account to fully utilize the Kazzam Platform. A decision by a Consumer to use party services from a Kazzamer is determined by the Consumer in his or her sole discretion.
Kazzamers and Consumers contract for party services directly with one another through the Kazzam Platform. We refer to that agreement as the “Service Terms”. Users agree that Kazzam is not a party to the Service Terms. Kazzam assists only in connecting Consumers and Kazzamers and in facilitating payments between them. Kazzam does not provide any party services and is not a party to any contracts between the Consumer and Kazzamer for party services.
Under no circumstances will the Service Terms create an employment or other service relationship between Kazzam and the Kazzamer or Kazzam and the Consumer.
Section 3 of this Agreement and any other contractual terms provided through the Kazzam Platform to the Consumer by the Kazzamer, to the extent those terms do not conflict with the terms in this Agreement, govern the services of the Kazzamer and cannot expand Kazzam’s obligations or restrict Kazzam’s rights under this Agreement.
THE KAZZAMERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OF KAZZAM. KAZZAM DOES NOT PROVIDE THE PARTY SERVICES AND DOES NOT EMPLOY THE INDIVIDUALS PERFORMING THE PARTY SERVICES. USERS ACKNOWLEDGE THAT KAZZAM DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR THE PARTY SERVICES AND IS NOT RESPONSIBLE IN ANY MANNER FOR THE PARTY SERVICES PROVIDED BY THE KAZZAMERS. WE MAKE NO REPRESENTATION REGARDING THE PARTY SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION THE QUALITY OR SAFETY OF THE SERVICES BEING PROVIDED BY A KAZZAMER OR THE ACTIVITIES OR TRANSACTIONS BETWEEN A CONSUMER AND A KAZZAMER.
If as a Consumer, you are attempting to book a Kazzamer for commercial purposes (i.e. you are going to charge admission to an event), you must tell the Kazzamer that through the Kazzam messaging system. The Kazzamer may refuse the booking (without any cancellation penalty) or charge you a different amount for his/her services than contained in the listing (i.e. the description of each party service or activity offered by a Kazzamer as presented on the Kazzam Platform, the duration of the service, the price and any additional material terms of each offering (“Listing” or “Listings”)). In all instances, entertainment booked through the Kazzam Platform for a commercial event requires the express acknowledgement of the commercial nature of the event by the Kazzamer and express acceptance of the booking. All such bookings are subject to the terms of this Agreement.
We reserve the right to change this Agreement at any time. Such changes will be effective when posted. We may only amend the alternative dispute resolution, venue and time limit of claims provisions to the extent allowed by applicable law. No changes to this Agreement will impact the charges for an existing membership period of a Kazzamer (e.g. if you have a one-year free membership, no changes to the membership fee amount will impact you until that one-year membership expires/renews). By continuing to use the Kazzam Platform after we post any such changes, you accept the Agreement as modified. Kazzam also reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting.
You hereby warrant and represent that you will respect the privacy, property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any service or any interaction by or with any User and/or Kazzam in connection with your use of the Kazzam Platform or Kazzam’s services without the prior written consent of any relevant User and/or Kazzam.
You further represent and warrant that you will fulfill the commitments you make to other Users including paying/receiving payment through the Kazzam Platform, communicating clearly and promptly through the Kazzam Platform, being present and/or available at the time you agree upon with your Kazzamer or Consumer as the case may be, and only utilizing the third party Kazzam Platform payment processing system to make or receive payment for services booked through the Kazzam Platform. As a Kazzamer, you further represent that you have all licenses necessary to operate your business and provide your services in accordance with applicable law, rule and regulation. Additionally, you represent and warrant that you will provide timely, high quality services to Consumers, you will only offer and provide services for which you have the necessary skills and expertise and you will provide the services safely.
Pre-Booking Communications: We provide communications tools (both messaging and voice) that enable the Consumer and Kazzamer to communicate and/or ask and answer any questions. We require that the Consumer and Kazzamer use those tools exclusively to communicate regarding a party or booking arranged through the Kazzam Platform. Communicating outside of the Kazzam Platform may result in suspension or termination of a User’s ability to use the platform.
Cancellation/Rescheduling Policies for Consumer: The Kazzam Platform allows the Consumer to cancel without penalty within 15 days of a booked party. After that time, to the extent the Consumer cancels a party, cancellation fees will apply based on how close the date of the party is to the date of cancellation, unless the Consumer and Kazzamer mutually agree to the cancellation by calling 833-KAZZAM1. Below is a table setting forth such cancellation fees:
|Days to Party at Time of Cancellation||% of Party Cost Charged as Cancellation Fee|
|15 or more days||No Cancellation Fee|
|8 to 14 days||25%|
|4 to 7 days||50%|
|< 4 days||100%|
Upon cancellation by a Consumer, all other amounts will be refunded to the Consumer after deducting the applicable cancellation fee. Kazzam will retain its pro rata portion of the cancellation fee (based on the designated commission in the Listing) and the balance of the cancellation fee will be remitted to the Kazzamer. In the case of a cancellation by mutual consent of the Consumer and the Kazzamer, all amounts will be refunded.
As a Kazzamer, you must keep your calendar on the Kazzam Platform up-to-date, so that Consumers know when you are available. Parties will be booked based on your availability as reflected in your calendar. After a party is booked by the Consumer, a Kazzamer will have 48 hours to confirm his/her availability or the booking will be cancelled and other Kazzamer names will be provided to the Consumer. When a Kazzamer does confirm, the Kazzamer will not be permitted to cancel the booking after confirmation without penalty. The following penalties apply in any rolling six (6) month period:
|Number of Cancellations in a Rolling 6 Month Period||Maximum Monetary Penalty|
|1||Lesser of $100 and 50% of booking amount|
|2||Lesser of $250 and 75% of booking amount and possible removal from Platform|
|3||Automatic removal from Platform|
At any time, Kazzam may, in its sole discretion, whether or not as a result of the number of cancellations of a Kazzamer, suspend or revoke a Kazzamer’s right to list on the Kazzam Platform. A Kazzamer’s failure to appear for a confirmed party without cancelling will result in automatic removal from the Kazzam Platform in addition to any claims by the Consumer.
As a Kazzamer, you are responsible for having reasonable and appropriate liability insurance in light of the nature of your business and agree that you will have Kazzam, LLC named as an additional insured.
As a Kazzamer, the price you offer for the services listed on the Kazzam Platform shall be no greater than the lowest rate that you advertise elsewhere for the same services. Users understand and acknowledge that the Kazzam Platform considers numerous factors in determining the order of Kazzamer Listings, including, but not limited to, the quality ratings from Consumers, on time performance, popularity, distance from location, booking confirmation rate, commission amount, cancellation history and many other factors. Kazzam, in its sole and absolute discretion, reserves the right to add, remove or modify, without notice, the factors and weighting thereof utilized by the Kazzam Platform in presenting Kazzamers to Consumers.
Kazzam requires that sole proprietors who are seeking to have a Listing added to the Kazzam Platform supply their social security numbers to our background check service provider for identity verification and to confirm that the Kazzamers are not on the National Sex Offender Registry. A similar check is required of the owner of a business seeking to have Listings on the Kazzam Platform. For businesses with employees whose services are listed on the Kazzam Platform, depending on the type of services provided, Kazzam may require the business to have certain of its employees provide social security numbers to our background check service provider for identity verification and to confirm that the person providing certain services is not on the National Sex Offender Registry.
A KAZZAMER WITH EMPLOYEES PROVIDING SERVICES to CONSUMERS BOOKED THROUGH THE KAZZAM PLATFORM MUST THEMSELVES PERFORM REASONABLE CHECKS ON SUCH EMPLOYEES.
Kazzam cannot assure Consumers that Kazzamers who send employees to a party have run appropriate checks on their employees. In addition, if a Kazzamer (or their employees) supply incorrect information, a check might be run with inaccurate identifying data, which can impact the validity of the check. In addition, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of any or all criminal offenses.
Kazzam cannot confirm that each Kazzamer is who they claim to be, and expressly disclaims the obligation to do so, and therefore, Kazzam cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Kazzam Platform.
When interacting with Kazzamers, Consumers should exercise caution and common sense to protect their personal and family safety, their property and their party guests, just as they would when they interact with any person who they do not know who is providing services to them.
NEITHER KAZZAM NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONDUCT OF KAZZAMERS, WHETHER ONLINE OR OFFLINE, OR OF ANY OTHER USER OF THE KAZZAM PLATFORM OR SERVICES OF A KAZZAMER, AND CONSUMERS AND KAZZAMERS HEREBY RELEASE KAZZAM AND ITS AFFILIATES FROM ANY LIABILITY RELATED THERETO. KAZZAM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE KAZZAM PLATFORM OR THE SERVICES OF ANY KAZZAMER.
Subject to your compliance with this Agreement, Kazzam grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display content and other information or materials available on or through the Kazzam Platform created by Consumer or Kazzamers (excluding any software source code) solely for your personal and non-commercial use (except to book a party through the Kazzam Platform) and only in connection with your access to and participation in the Kazzam Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Kazzam Platform or any content and other information or materials available on or through the Kazzam Platform, except as expressly permitted in this Agreement. The Kazzam Platform is provided to you “AS IS”. If you download or print a copy of content for personal use, you must retain all copyright and other proprietary notices. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kazzam or its licensors, except for the licenses and rights expressly granted in this Agreement.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content. You own all of the content and information you post on Kazzam. By making available any content on or through the Kazzam Platform, you hereby grant to Kazzam a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote, market or advertise the Kazzam Platform or the services, or for any other purpose in Kazzam’s sole discretion, except that private messaging through the Kazzam Platform will not be used by Kazzam in public advertising. The license you grant to Kazzam shall survive termination of your Agreement with Kazzam and your use of the Kazzam Platform or services from Kazzam. Kazzam does not claim ownership rights in content that you create. Nothing in this Agreement will be deemed to restrict rights that you may have to use and exploit any such content that you submit, post, upload, publish, or transmit on or through the Kazzam Platform.
You acknowledge and agree that you are solely responsible for all content that you make available on or through the Kazzam Platform. Accordingly, you represent and warrant that:
You agree that Kazzam may edit and/or withdraw your content, and you understand it remains your sole responsibility to monitor your content and ensure that such edited content is accurate and consistent with your representations and warranties in this Agreement.
Kazzam reserves the right, at any time and without prior notice, to remove or disable access to content that we, in our sole discretion, consider to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Kazzam Platform or other Users, or for any other reason.
Payment processing services for Kazzamers on the Kazzam Platform are provided by Stripe. Payment processing services provided by Stripe are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. By agreeing to these terms or continuing to operate as a Kazzamer on Kazzam, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Kazzam enabling payment processing services through Stripe, you agree to provide Kazzam accurate and complete information about you and your business, and you authorize Kazzam to share with Stripe this information and transaction information related to your use of the payment processing services provided by Stripe. We reserve the right to replace our payment processor, at any time, in our sole discretion, with or without notice to Users.
|Number of Cancellations in a Rolling 6 Month Period||Maximum Monetary Penalty|
|1||Lesser of $100 and 50% of booking amount|
|2||Lesser of $250 and 75% of booking amount and possible removal from Platform|
|3||Automatic removal from Platform|
At any time, Kazzam may, in its sole discretion, whether or not as a result of cancellations, suspend or revoke the Kazzamer’s right to list on the Kazzam Platform. A failure to appear for a confirmed party without cancelling will result in automatic removal of the Kazzamer from the Kazzam Platform, in addition to potential claims by the Consumer.
KAZZAM MEMBERSHIPS WILL CONTINUE FOR ONE YEAR OR UNTIL CANCELLED BY THE KAZZAMER OR BY KAZZAM IN ACCORDANCE WITH THIS AGREEMENT. KAZZAM RESERVES THE RIGHT TO UNSUSPEND THE MEMBERSHIP FEE IN THE FUTURE. YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE THEN CURRENT SUBSCRIPTION RATE, IF ANY, ASSUMING WE HAVE A VALID FORM OF PAYMENT ON FILE FOR YOU TO THE EXTENT SUCH A PAYMENT IS REQUIRED. TO THE EXTENT THAT A MEMBERSHIP FEE IS THEN IN EFFECT, OR INCREASED DURING YOUR MEMBERSHIP, IT WILL BE DISCLOSED TO YOU PRIOR TO ANY RENEWAL.
If there is a Membership Fee and it is not suspended, you agree to pay KAZZAM all charges associated your membership, if any, as detailed on the KAZZAM Platform at the time you become a member or renew your membership and to provide your payment information. You also authorize KAZZAM and Stripe, as our payment processor, to charge your chosen payment method according to the terms of the membership that you have. The membership term and the amount and frequency of the charges may vary depending on the membership plan. KAZZAM reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Canceling Memberships. As a Kazzamer, you may cancel your membership at any time by following the instructions on your account settings page or contacting our Kazzamer support department at 833-KAZZAM1 or support@Kazzam.com. If you cancel your Membership, you typically will be permitted to use your Membership until the end of your then-current Membership term. Following that time, your Membership will not be renewed, unless Kazzam determines otherwise.
At any time and for any reason, including but not limited to, for any violation by of these Terms of Service, Kazzam may terminate, limit or suspend a User’s ability to use or access the Kazzam Platform, remove and discard any content or materials a User has submitted or posted on the Kazzam Platform or generally cease offering or deny access to the services and Kazzam Platform or any portion thereof. Kazzam may restrict anyone from completing registration or review Listings prior to permitting them to become visible to Consumers. In addition, Kazzam may remove a User from the Kazzam Platform if Kazzam believes such person may threaten the safety and integrity of the Kazzam Platform, or if, Kazzam, in its sole discretion, believes such an action is appropriate to address any other concern.
If we terminate or suspend a User form using the Kazzam Platform, the User will be prohibited from registering and creating a new account under any name real or assumed. In the event of a termination for breach of the Terms of Service, Kazzam reserves the right to take appropriate legal action, including without limitation pursuing arbitration, or seeking injunctive relief, in accordance with Section 12. If appropriate, as determined in our sole discretion, we may communicate to other Users that your account and access to the Kazzam Platform has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken
If we terminate a Kazzamer, we reserve the right to assist Consumers in replacing the services of the terminated Kazzamer with alternate services for any outstanding bookings involving that Kazzamer.
Kazzam shall not be liable to a User for any modification or discontinuance of all or any portion of the Kazzam Platform.
A User may terminate this Agreement at any time by ceasing all use of the Kazzam Platform.
All sections that by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to any expiration or termination of this Agreement.
Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Kazzam Platform, including, but not limited to, any reviews.
Kazzam values our Kazzamers and Consumers. It is Kazzam policy to work to make sure that our Consumers and Kazzamers are satisfied with their interactions with one another and with services booked through the Kazzam Platform. We understand that occasionally disputes may arise between Users. To that end, we commit to work to try to “Make it Right”, by working toward a fair resolution of any dispute between a Consumer and Kazzamer. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute initiated by either a Kazzamer or a Consumer cannot be resolved independently, you agree, at Kazzam's request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Kazzam or a neutral third-party mediator or arbitrator selected by Kazzam. We believe our success is tied to all Users believing they are treated fairly by one another.
Notwithstanding the foregoing, you acknowledge and agree that Kazzam is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party. We simply will try to help Users “Make it Right” between one another.
A. Agreement to Binding Arbitration Between You and Kazzam.
You and Kazzam agree that any dispute, claim or controversy arising out of or relating to:
You acknowledge and agree that you and Kazzam are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Kazzam otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Kazzam each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
B. Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether any term of this Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The Arbitrator will be either:
If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
D. Location and Procedure
Unless you and Kazzam otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Kazzam submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
E. Arbitrator's Decision
The Arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Kazzam will not seek, and hereby waives all rights Kazzam may have under applicable law to recover, attorneys' fees and expenses if Kazzam prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Kazzam will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
This Arbitration and Class Action Waiver section shall survive any termination of your membership or your use of the Platform.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Kazzam for accessing the Kazzam Platform. You are solely and fully responsible for all activities that occur under your password or account. Kazzam has no control over the use of any User's account and expressly disclaims any liability derived that results from use of an account. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, please contact Kazzam immediately.
By providing your mobile phone number to Kazzam, you agree that Kazzam may contact you by mobile phone number or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Kazzam account, for the purposes of, among other things facilitating you providing or booking services through the Kazzam Platform, providing you with reminders regarding bookings, your account, changes and updates or service outages or alterations and for marketing purposes. These calls and texts may include, among other things, reminders about upcoming or completed parties and/or in follow up to any push notifications. Standard message charges or other charges from your wireless carrier may apply. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Kazzam at any time or by contacting: if you are a Consumer, firstname.lastname@example.org, and if you are a Kazzamer, email@example.com. You understand that we may send you a text confirming any opt-out by you.
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE KAZZAM PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KAZZAM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE KAZZAM PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE KAZZAM PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE KAZZAM PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. KAZZAM DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY KAZZAMER THROUGH THE KAZZAM PLATFORM AND KAZZAM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN A CONSUMER AND A KAZZAMER, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER KAZZAM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE KAZZAM PLATFORM WILL BE UNINTERRUPTED OR THAT THE KAZZAM PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KAZZAM PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY TASK OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE KAZZAM PLATFORM. NEITHER KAZZAM NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER KAZZAM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE KAZZAM PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. KAZZAM AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN ADDITION, NOTWITHSTANDING ANY FEATURE A CONSUMER MAY USE TO SELECT A KAZZAMER, EACH CONSUMER IS RESPONSIBLE FOR DETERMINING THE SERVICES THEY WANT AND SELECTING THEIR KAZZAMER AND KAZZAM DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A CONSUMER AND DOES NOT RECOMMEND ANY PARTICULAR KAZZAMER. KAZZAM DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY KAZZAMER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE
YOU ACKNOWLEDGE AND AGREE THAT KAZZAM IS ONLY PROVIDING THE KAZZAM PLATFORM BECAUSE, BY USING THE PLATFORM, YOU ARE AGREEING TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. SPECIFICALLY, YOU AGREE NOT TO HOLD KAZZAM, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE KAZZAM PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY KAZZAM OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL KAZZAM, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE KAZZAM PLATFORM OR THE TASK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
KAZZAM DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED THAT IS BOOKED VIA THE KAZZAM PLATFORM.
You hereby agree to indemnify, defend, and hold harmless Kazzam, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, successors and assigns, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use the Kazzam Platform or book services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law the rights of any User or third party (iv) any content submitted by you or using your account to the Kazzam Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Kazzam reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the express written consent of Kazzam, which may not be unreasonably withheld, provided that the settlement includes a complete release for the benefit of Kazzam. To the extent the settlement does not include such a complete release, Kazzam may withhold its consent to the settlement in its sole discretion.
You agree not to propose, post or submit to Kazzam ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the Kazzam Platform. In the event you do so, you hereby grant to Kazzam a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to Kazzam the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that Kazzam is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against Kazzam for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to Kazzam, including the posting of materials to any forum or interactive area on the Kazzam Platform, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.
If you are a copyright owner or an agent thereof and believe that any content on the Kazzam Platform infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Kazzam’s Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
As such, you acknowledge that if you fail to comply with all of the foregoing requirements, your DMCA notice may not be valid.
If you are a copyright or trademark owner and you believe your rights have been violated, please email us at firstname.lastname@example.org, or write to Kazzam’s designated agent via U.S. certified mail, return receipt requested, at KAZZAM LLC, 1 Bridge Plaza North, Suite 475, Fort Lee, NJ 07024.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Trademarks that are used or displayed on the Kazzam Platform are owned by Kazzam or by third parties other than Kazzam that offer and provide products and services on or through the Kazzam Platform. The trademarks of Kazzam may not be copied or used, in whole, partial, or modified form, without the prior written approval of Kazzam or, if applicable, a Kazzamer. In addition, Kazzam custom graphics, logos, button icons, scripts and page headers are covered by trademark, trade dress, copyright or other proprietary rights law, and may not be copied, imitated, or used, in whole, partial, or modified form, without the prior written approval of Kazzam. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Kazzam Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kazzam.