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KAZELI and www.kazeli.com are
products of Kazeli Holdings Ltd.
Please read our terms and conditions, which you (hereafter 'the Subscriber') agree to, in subscribing for any KAZELI service or package. As a user of KAZELI services you accept that by using this service you agree that KAZELI assumes no responsibility for the nature or content of anything contained on this website and disclaim all liability in respect of such nature or content. Use of this service is subject to our Terms and Conditions of Use.
The Service is offered to Subscriber conditioned upon Subscriber's acceptance without modification of this Agreement. Subscriber acknowledges that, from time to time, it may be necessary for KAZELI to update or revise certain provisions of the Agreement. By signing up for any KAZELI Service and accepting this Agreement, Subscriber agrees that KAZELI may change the terms of the Agreement in its sole discretion without specific notice to Subscriber. If Subscriber does not agree to the changes proposed by Kazeli Holdings Ltd. or to any terms in this Agreement, Subscriber's sole and exclusive remedy is to cancel Subscriber's KAZELI Subscription ("Subscriber's Account"). Notwithstanding the foregoing, KAZELI reserve the right to cancel, suspend or refuse access to the Service to anyone in their sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
Users are granted access to KAZELI services subject to the following Terms and Conditions ("TACS").
IF USER DOES NOT AGREE TO THE TERMS OF THIS
AGREEMENT, PLEASE DO NOT PURCHASE, USE OR ACCESS THE SERVICE.
Terms and Conditions
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General Use of the Service
Subscriber shall not use the Service, in whole or in part, for any
purpose that is unlawful or prohibited by this Agreement. Subscriber
agrees that Subscriber will not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works
from, frame in another web page, use on any other Web site or product,
transfer, or sell any information, software, lists of users, databases
or other lists, products or services provided through or obtained
from the Service other than for use as contemplated in any Service,
including but not limited to the creation or operation of Subscriber
created websites, in accordance with this Agreement. This means, among
other activities, that Subscriber agrees not to engage in the practices
of "screen scraping", "database scraping", or
any other activity with the purpose of obtaining lists of users or
other information. Subscriber agrees that Subscriber will not use
the Service in any manner that could damage, disable, overburden,
or impair the Service or interfere with any other party's use and
enjoyment of the Service. Subscriber may not obtain or attempt to
obtain any materials or information through any means not intentionally
made available or provided for through the Service. Except with the
written permission of KAZELI Subscriber agrees that Subscriber will
not access or attempt to access password protected, secure or non-public
areas of the Service. If Subscriber attempts to access prohibited
areas of the Service, Subscriber may be subject to prosecution.
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Charges and Billing
If Subscriber is required to pay a fee for all or any part of the
Service for which Subscriber has chosen to register. Subscriber hereby
authorizes KAZELI to charge Subscriber's valid and current credit
or debit card in advance for all applicable fees incurred by Subscriber
in connection with Subscriber's chosen Service and Subscriber's Account.
Subscriber's Service and Account will automatically renew at the end
of each subscription period, unless the Service or Subscriber Account
is terminated in advance of the end of the then-current term. If there
are any annual, monthly or similar periodic subscription fees associated
with the Subscriber Account, these fees will be billed automatically
to the Subscriber's designated valid and current credit or debit card
at the start of each renewal period, unless Subscriber terminates
the Service before the relevant period begins. If Subscriber registered
for the Service using a promotional code or discount, after
the initial promotional period expires, Subscriber's subscription
and any purchased upgrades will automatically be renewed and billing
will continue at the then-current prices for the Service. Subscriber
further acknowledges that it is Subscriber's responsibility to notify
KAZELI of any changes to Subscriber's credit card and to update Subscriber's
credit card number if Subscriber's credit card has expired otherwise
Subscriber's access to the Service may be disconnected or interrupted.
All fees shall be paid in Euros unless otherwise agreed with KAZELI
and acknowledged in writing.
KAZELI shall consider ownership of an account and
its constituent site(s) to be the identity of the person providing
payment; or for trial sites, the identity of the person registered
for the trial period. KAZELI reserves the right to change any
fees (which includes but is not limited to, increasing prices and
charging a fee for upgrades and/or a Service for which it may not
currently charge a fee) at any time, provided, however, that KAZELI
will provide Subscriber with reasonable notice prior to making any
fee changes. In addition, KAZELI will also give Subscriber reasonable
notice before any modification to the Service that could adversely
impact Subscriber's Site(s)/Services. If Subscriber finds any change
to the Service to be unacceptable, Subscriber is free to cancel any
part of the Service or Subscriber's Account at any time, but KAZELI
will not refund any remaining portion of Subscriber's pre-paid fees
when Subscriber cancels any part of the Service or Subscriber's Account
and Subscriber may be charged a cancellation fee.
Subscriber agrees to pay Subscriber's Account balance on time. Subscriber
also agrees to pay any taxes, including sales or use taxes, resulting
from Subscriber's use of the Service. Subscriber is responsible and
liable for any fees, including attorney and collection fees, that
KAZELI may incur in its efforts to collect any remaining balances
due from Subscriber. This Section 2 shall in no way limit any other
remedies available to KAZELI. Subscriber also acknowledges and agrees
that Subscriber will be billed for and will pay any outstanding balances
if Subscriber cancels Subscriber's Account or Subscriber's Account
is terminated due to Subscriber's breach of this Agreement. Subscriber
must notify KAZELI of any billing problems or discrepancies within
sixty (60) days after they first appear on Subscriber's credit card
account statement. If Subscriber does not notify KAZELI within sixty
(60) days, Subscriber waives any right to dispute such problems or
discrepancies.
If your Web Office bandwidth usage exceeds 2 GB/month,
or significantly exceeds the average bandwidth usage of other KAZELI
customers (as determined by KAZELI),
you will receive an email notification and be given the option to
reduce your bandwitch consumption within a specified time period or
purchase additional bandwith. KAZELI reserves the right to disable
your account access until the issue has been appropriately resolved.
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KAZELI Support Services
KAZELI offers its Subscribers unlimited free email support as well
as extensive support material that is available online. Subscribers
may submit support related questions or concerns by email to: support@kazeli.com.
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Subscriber Conduct
KAZELI provides professional business services and we expect that
our Subscribers conduct themselves in a professional manner
with regards to the use of our services. Subscriber, and not KAZELI,
is entirely responsible for all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
("Subscriber Content") posted via the Service. Subscriber,
and not KAZELI, is also responsible for compliance with all laws,
regulations and ordinances connected with all aspects of Subscriber's
use of the Service. Subscriber shall not use the Service for any illegal
purpose in violation of any local, state, federal or international
law. Subscriber must provide all required and appropriate warnings,
information and disclosure, comply with all applicable laws and regulations,
and take all other required and appropriate actions (collectively,
"Information and Actions") in connection with Subscriber's
use of the Service. If the Service does not provide adequate facility
or features for Subscriber to provide such Information and Actions,
then Subscriber shall not use the Service. KAZELI does not control
or monitor the Subscriber Content posted via the Service and as such,
does not guarantee the accuracy, integrity or quality of such content.
KAZELI reserves the right, but is not obligated to review the Subscriber
Content posted via the Service and to refuse or remove any such materials
in its sole discretion, without notice at any time. KAZELI also reserves
the right to disclose any information or materials as necessary to
satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or remove any information or materials,
in whole or in part, from the Subscriber Content in KAZELI's sole
discretion. With respect to the content on the Subscriber Website,
Subscriber agrees not to:
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post, upload or otherwise transmit any content
which is misleading to others or impersonate any person or entity
or falsely state or otherwise misrepresent Subscriber's affiliation
with a person or entity to others, including, but not limited to,
consumers;
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post, upload or otherwise transmit any content
that is threatening, abusive, harassing, tortious, defamatory, obscene,
libelous, invasive of another's privacy, hateful, or racially and
ethnically objectionable;
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post, upload or otherwise transmit any content
that Subscriber does not have a right to post and transmit under
any law or under contractual or fiduciary relationships (such as
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
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post, upload or otherwise transmit any content,
such that such posting, uploading, or transmission constitutes the
infringement of any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
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post, upload or otherwise transmit any materials
that contain software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment
and/or attempt to access the accounts of others, or attempt to penetrate
security measures of KAZELI, its vendors or suppliers or other entities'
systems ("hacking"), whether or not the intrusion results
in corruption or loss of data;
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post, upload or otherwise transmit any materials
that impose an unreasonable or disproportionately large load on
KAZELI's infrastructure that exceed the limits provided by the Service
for which Subscriber registered;
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post, upload or transmit any unsolicited or unauthorized
advertising, promotional materials, "spam," "chain
letters," or any other form of solicitation;
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interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
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intentionally or unintentionally violate any
applicable local, state, national or international law.
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forge any headers or other manipulation of identifiers
in order to disguise the origin of any content transmitted through
the Service;
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promote or provide instructional information
about illegal activities, promote physical harm or injury against
any group or individual, or promote any act of cruelty to animals;
or
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sell, distribute, disseminate or link to any
sites for marketing, sales, distribution of: firearms, explosives,
ammunition, liquor, tobacco products and any other products or services
that (i) Subscriber cannot legally sell, (ii) are misrepresented,
and/or (iii) if sold via the Subscriber Web Site could cause KAZELI
to violate any law, statute or regulation.
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post or disclose any personal or private information
or images about children or any third party without their consent
(or a parent's consent in the case of a minor).
KAZELI may terminate Subscriber's account for failure
to comply with the above listed rules of Subscriber Conduct. Additionally,
KAZELI may request Subscriber to place all or any portion of the Subscriber
Content behind password protection if KAZELI determines that such content
is inappropriate for the community at large but does not otherwise violate
the terms of this Agreement. If KAZELI has requested Subscriber to place
Subscriber Content behind password protection or if Subscriber independently
determines that the Subscriber Content appropriately belongs behind
password protection, Subscriber may not publish the password in such
a way that negates the limited-access nature of the password protected
site. If KAZELI requests Subscriber to place any Subscriber Content
behind password protection and Subscriber fails to do so promptly, KAZELI
reserves the right to (a) place such content behind password protection
itself, or (b) terminate Subscriber's Account.
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Subscriber Website Ownership
The nature of KAZELI's database driven technology means that it is
physically impossible for a Subscriber to own a copy of their KAZELI
website. You agree not to hold KAZELI liable and KAZELI accepts
no liability in respect of, the loss of all data relating to their
website. Subscribers are strongly advised to keep copies of any data,
images, music or otherwise that they upload onto their KAZELI website.
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Anti-Spam Policy
KAZELI and all its associated web-based products and services cannot
be used either directly or indirectly to distribute UCE (unsolicited
mass email), also known as "Spam".
We have zero tolerance towards Spam, if you Spam, all your KAZELI
web-based services will be immediately cancelled and your database
will be wiped clean from our system. You will also be banned from
using our services in the future and will be liable in full for any
legal consequences resulting from your spamming activities. For further
questions, please email: abuse@kazeli.com.
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Subscriber Website Editing
Editable areas on Subscriber websites can be up-dated using the KAZELI
Page Editor. If a Subscriber wishes to edit areas that are not editable
via the KAZELI Page Editor or requires customized design or functionality
enhancements, please contact: custom@kazeli.com with your specific
enquiry/request for pricing and more information.
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30-Day Free Trial
For details of what is included in the free 30-day trial package please
see www.kazeli.com/index.cfm/id/48/lang/english.
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Subscriber Website Cancellation
You can cancel your KAZELI subscription at any time. Please note that
should you cancel your subscription your site(s) will remain accessible
until your subscription ends, upon which time your site(s) will be
locked, i.e. become inaccessible. We will hold on to your site for
30 days, after which the site and all its contents will be deleted.
Please note that deleting your sites does not cancel your subscription
- you need to explicitly cancel the subscription by sending an email
to: cancel@kazeli.com specifying the service you wish to cancel.
KAZELI takes no responsibility for additional funds taken from your
card unless you explicitly cancel your agreement and receive confirmation
that this has taken place.
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Refunds
Refunds are only provided at the discretion of KAZELI. If for any
reason you wish to apply for a refund, please send a detailed e-mail
to: refunds@kazeli.com.
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Account Termination by KAZELI
KAZELI may terminate Subscriber's Service or Subscriber's Account
if KAZELI determines, in KAZELI's sole discretion, to discontinue
offering the Service. Additionally, KAZELI, in its sole discretion,
may terminate Subscriber's Site, Subscriber's Account or Subscriber's
use of the Service for any reason, including, without limitation,
(i) if Subscriber breaches this Agreement, (ii) if KAZELI is unable
to verify or authenticate any information that Subscriber provides
to KAZELI, or (iii) if KAZELIbelieves that Subscriber has violated
or acted inconsistently with the spirit of this Agreement. If KAZELI
terminates Subscriber's Account pursuant to (i), (ii) or (iii) above,
Subscriber will forfeit all credits, pre-paid fees, and any other
amounts accruing to Subscriber, if any, and KAZELI shall not be required
to refund, redeem, or pay amounts to Subscriber upon such termination.
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Effect of Termination
Upon termination of Subscriber's Account for any reason, KAZELI reserves
the right to (a) collect all charges, fees, commitments and obligations
incurred or accrued by Subscriber; (b) delete any Subscriber Content,
listings, messages or other information in connection with Subscriber's
Account; (c) prohibit Subscriber's access to Subscriber's Account,
including without limitation by deactivating Subscriber's password;
and (d) refuse Subscriber future access to the Service. In no event
shall KAZELI be required to refund, redeem, or pay amounts to Subscriber
upon termination of Service or return any Subscriber Content.
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Third Party Content
For Subscriber's convenience, the Service may contain products, services,
content and information from third party providers and/or links to
their Web sites ("Third Party Content"). Such Third Party
Content is not under the control of KAZELI and KAZELI is not responsible
for such content, including, without limitation, any link contained
in such content, or any changes or updates to such content. KAZELI
is under no obligation, but does reserve the right to pre-screen Third
Part Content available on the Service and does not assume any responsibility
or liability for the content provided by others. KAZELI is providing
such Third Party Content to Subscriber only as a convenience, and
the inclusion of such content does not imply endorsement by KAZELI
of such content or the affiliate or advertiser. Subscriber may be
subject to additional and/or different terms, conditions, and privacy
policies when using third party products, services, content, software,
or sites. KAZELI does reserve the right to remove content that, in
its judgment, does not meet its standards, but KAZELI is not responsible
for any failure or delay in removing such material.
KAZELI is not and will not be responsible for (i) the terms and conditions
of any transaction between Subscriber and any third party, (ii) any
insufficiency of or problems with any such third party's background,
insurance, credit or licensing, or (iii) the quality of services performed
by any such third party or any other legal liability arising out of
or related to the performance of such services. In the event that Subscriber
has a dispute with any such third party, Subscriber releases KAZELI
(and its affiliates, suppliers, agents and employees) from any and all
claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes.
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DISCLAIMER OF WARRANTIES
Subscriber EXPRESSLY UNDERSTANDS AND AGREES THAT:
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Subscriber'S USE OF THE SERVICE IS AT Subscriber's
SOLE RISK. KAZELI AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING
ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE
AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, AND THE Subscriber
SITE(S) "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
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KAZELI AND ITS SUPPLIERS MAKE NO WARRANTY THAT
(i) THE SERVICE WILL MEET Subscriber'S REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND
(iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY Subscriber THROUGH THE SERVICE
WILL MEET Subscriber'S EXPECTATIONS.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE, OR Subscriber SITES IS DONE AT
Subscriber'S OWN DISCRETION AND RISK, AND Subscriber WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO Subscriber'S COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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LIMITATION OF LIABILITY
IN NO EVENT SHALL KAZELI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS
(HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF KAZELI OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE,
(B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY
OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE
LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY
TO Subscriber. IN NO EVENT SHALL KAZELI'S AGGREGATE LIABILITY TO Subscriber
AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT
EXCEED THE AMOUNT Subscriber ACTUALLY PAYS TO KAZELI UNDER THIS AGREEMENT
DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR
€500.00 (EURO), WHICHEVER IS LESS.
Without limiting the foregoing, neither KAZELI nor its suppliers is
responsible for any of Subscriber's data residing on the Service or
Kazeli Holdings Ltd suppliers' hardware. Subscriber is responsible
for backing-up Subscriber's data and information that may reside on
the Service or Kazeli Holdings Ltd suppliers' hardware, whether or
not such information is produced through the use of the Service. It
is Subscriber's responsibility to take the necessary steps to ensure
that Subscriber's primary means of business is maintained (if applicable).
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Additional Representations and Warranties.
You represent, warrant, and covenant that (a) you have the power and
authority to enter into this Agreement; (b) you are at least eighteen
(18) years of age; and, (c) you will only use the KAZELI Websites
in accordance with these Terms of Service.
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Proprietary Rights to Subscriber Content
KAZELI does not claim ownership of the Subscriber Content that Subscriber
provides to KAZELI and/or places on the Subscriber Site. However,
Subscriber grants KAZELI a worldwide, royalty-free, non-exclusive
license to (i) host, use, reproduce, modify, distribute, transmit,
combine with information provided by third parties, and publicly display
the Subscriber Content on and through the Service and in KAZELI's
promotional or advertising materials (only for the limited purpose
of promoting the Service), and (ii) sublicense to third parties such
Subscriber Content to the extent necessary for the creation and maintenance
of, in part or in whole, such Web sites. No compensation will be paid
or due Subscriber with respect to KAZELI or its sub-licensee's use
of the materials as licensed above. By posting messages, uploading
files, inputting data, submitting any feedback or suggestions, or
engaging in any other form of communication with or through any Subscriber
Site, Subscriber warrants and represents that Subscriber owns or otherwise
controls the rights necessary to do so and to grant KAZELI the license
set forth above, and, pursuant to the terms set forth in this agreement,
Subscriber will defend and indemnify KAZELI and its suppliers from
any third party claim related to a breach of any of the foregoing
representations and warranties.
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KAZELI Proprietary Rights/Software Licenses
Subscriber acknowledges and hereby agrees that the Service and any
software used in connection with the Service (the "Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. Subscriber further
acknowledges and agrees that content contained in sponsor advertisements
or information presented to Subscriber through the Service, advertisers
and/or Discussion Boards is protected by applicable copyrights, trademarks,
service marks, patents and other proprietary rights and laws.
KAZELI provides Subscriber with a non-exclusive, non-transferable,
limited license to use the Software, which Subscriber agrees to use
in accordance with this Agreement. Subscriber may not sub-license or
charge others to use or access the Software without first obtaining
written permission or a written agreement from KAZELI. The KAZELI Software
is protected to the maximum extent permitted by copyright laws and international
treaty provisions. Any reproduction, modification, creation of derivative
works from or redistribution of the Software is expressly prohibited,
and may result in severe civil and criminal penalties. The Software,
its structure, sequence and organization and source code are considered
trade secrets of KAZELI and its suppliers and are protected by
trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING
THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Subscriber MAY NOT DECOMPILE
OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY
SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
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Indemnification
Subscriber agrees to indemnify and hold KAZELI and its suppliers,
affiliates, partners, subsidiaries and employees (collectively, the
"Indemnified Parties") harmless from any and all claims
and demands, losses, liability costs and expenses (including, but
not limited to, reasonable attorneys' fees), incurred by an Indemnified
Party arising out of or related to (i) Subscriber's breach of this
Agreement; (ii) any information (including but not limited to Subscriber
Content and Subscriber's publicly posted information) submitted, posted,
or otherwise provided by Subscriber at the Subscriber Site and/or
to KAZELI and/or its affiliates; (iii) any dispute or litigation between
an Indemnified Party and a third party caused by Subscriber's actions;
and (iv) Subscriber's negligence or violation or alleged violations
of any rights of another. These obligations will survive any termination
of Subscriber's relationship with KAZELI or Subscriber's use of the
Service. To the fullest extent permitted by law, the foregoing indemnity
will apply regardless of any fault, negligence, or breach of warranty
or contract of KAZELI and/or its suppliers, affiliates, partners,
subsidiaries and employees.
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Copyright and Trademark Notices
All materials of the Service and the Software (as well as the organization
and layout of the Service are owned and copyrighted or licensed by
KAZELI, its affiliates or its suppliers. All rights reserved. No reproduction,
distribution, or transmission of the copyrighted materials of the
Service, which includes the KAZELI (and any successor Websites or
additional Websites or any co-branded Web sites), and/or the Software,
is permitted without the written permission of KAZELI. Any rights
not expressly granted herein are reserved.
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Modification of the Service
KAZELI reserves the right, at its sole discretion, to, at any time,
modify, or discontinue the Service, temporarily or permanently, (or
any part thereof), including the imposition of limits on certain features
and services or restriction of access to parts or all of the Service,
with or without notice. Subscriber agrees that KAZELI shall not be
liable to Subscriber or to any third party for any modification, suspension
or discontinuance of the Service. Subscriber further agrees that KAZELI
shall have the right to remove any feature from the Subscriber Site,
with or without notice to Subscriber, at any time at KAZELIs sole
discretion, if KAZELI discontinues offering the feature for any reason.
If Subscriber does not agree to any such modifications, Subscriber's
sole and exclusive remedy is to cancel Subscriber's Account.
- Arbitration/ Jurisdiction
Subscriber agrees that any dispute or claim arising out of or related
to the Service or this Agreement, or the interpretation, making, performance,
breach or termination thereof, shall be finally settled by binding arbitration
in Cyprus under the Cyprus Arbitration Association Rules by one arbitrator
appointed in accordance with said Rules. The proceedings shall be conducted
and all evidence shall be offered in the English language. Subscriber
agrees that any claim against KAZELI must be filed within one (1) year
of the time such claim arose, regardless of any law to the contrary,
otherwise such claim will be barred forever.
Notwithstanding the above, KAZELI may apply to any court of competent
jurisdiction (i) for a temporary restraining order, preliminary injunction
or other interim or conservatory relief as necessary.
This Agreement shall be governed in all respects by the laws of the Republic
of Cyprus. Such law shall be applied by the arbitrator to the merits of
any dispute or claim. For any non-arbitral action or proceeding arising
out of or related to the Service or this Agreement, both parties submit
to sole and exclusive jurisdiction and venue in the courts located in
the Republic of Cyprus and further agree that any such action or proceeding
shall be brought in a court in The Republic of Cyprus.
A printed version of this Agreement shall be admissible in judicial
or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
- General
If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be
enforced. KAZELI's failure to exercise or enforce any right or provision
of the Agreement shall not constitute a waiver of such right or provision.
Subscriber shall not assign this Agreement or any rights or obligations
hereunder, by operation of law or otherwise, without prior written approval
of KAZELI, and any such attempted assignment shall be void. KAZELI shall
have the right to freely assign this Agreement, and its rights and obligations
hereunder, to any third party without requiring the consent or notice
of Subscriber. Subject to the foregoing, this Agreement shall be binding
upon and inure to the benefits of the parties hereto, their successors
and permitted assigns. This Agreement sets forth the entire understanding
and agreement between KAZELI and Subscriber with respect to the subject
matter hereof. The section and subsection titles in the Agreement are
for convenience only and have no legal or contractual effect. Each party
is an independent contractor and not an agent or representative of any
other party. No party shall have any right or authority to create any
obligation or make any representation or warranty in the name or on
behalf of any other party. This Agreement shall not be interpreted or
construed to create an association, joint venture or partnership between
the parties or to impose any partnership obligation or liability upon
any party. The parties acknowledge and agree that this Agreement may
be entered into electronically, and without the necessity of written
signatures.
- Violations
Please report any violations of these Terms and Conditions to violations@kazeli.com
- Independent Review
Subscriber ACKNOWLEDGES THAT Subscriber HAS READ THIS AGREEMENT AND
ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT
AND THAT Subscriber AGREES TO ALL ITS TERMS AND CONDITIONS. Subscriber
HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY
OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND
IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN
THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
Service-Specific Terms: The following terms apply in addition to the points
stated above. KAZELI may change service providers or stop providing the
following services at any time without notice to Subscriber; and Subscriber
shall permit KAZELI to act as its agent with respect to the following
services:
- Internet Domain Names
KAZELI has chosen independent Third Party Domain Name Vendors ("TPDNVs")
who are ICANN accredited registrars, to provide domain name registration
services. Subscriber hereby authorizes KAZELI if requested, to transfer
in or acquire Subscriber's selected domain name from TPDNVs. In order
to receive a domain name, Subscriber must agree and remain agreeable
through the use of the Domain Name, to the TPDNVs' terms of service
which the TPDNVs may change at any time in their sole discretion to
the TPDNVs' terms of service. Subscriber understands that Subscriber
is creating a separate contractual relationship between Subscriber and
the TPDNVs, and that Subscriber, and not KAZELI, is responsible for
all liability, and obligations in connection with that relationship.
- Email
Some KAZELI accounts may have Email services provided by an independent
Third Party Email Services Vendor ("TPESV"). KAZELI is not responsible
for the actions or inaction of the then current TPESV or the unavailability
or malfunction of their network or services. KAZELI is not a party to,
and shall not be involved in or responsible for, transactions, agreements,
and/or disputes between Subscriber and the TPESV ("TPESV Dispute").
In the event of a the TPESV Dispute, Subscriber hereby releases KAZELI
(and its officers, directors, agents, and employees) from claims, demands,
and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any connected with such disputes.
- Standard Clip-Art and Photos
As part of the Service, KAZELI may provide its Subscribers with links
to Third Party Image Vendors ("TPIV") from where they can obtain clip-art
and photos to incorporate into their Subscriber Web websites. In using
the clip-art and photos, Subscriber is governed by an Image License
Agreement with a Third Party Image Vendor ("TPIV"). Subscriber understands
that the Image License Agreement is a separate contractual relationship
between Subscriber and the TPIV, and that Subscriber, and not KAZELI,
is responsible for all liability, and obligations in connection with
that relationship. KAZELI is not a party to, and shall not be involved
in or responsible for, transactions, agreements, and/or disputes between
Subscriber and the TPIV ("TPIV Dispute"). In the event of a TPIV Dispute,
Subscriber hereby releases KAZELI(and its officers, directors, agents,
and employees) from claims, demands, and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any connected with such
disputes.
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