Terms of Service
1. USE OF SERVICES
Kizmeta, LLC ("Kizmeta") offers services to you, provided that you are
of legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You must be 13 years and older to use this site. Use of any
services offered by Kizmeta indicates acceptance of and agreement to the
Terms of Service. You are responsible for maintaining the confidentiality
of your account password, and are responsible for all activities that occur
under your account. Kizmeta cannot and will not be liable for any loss or
damage arising from your failure to keep your password secure.
2. APPROPRIATE CONDUCT
You understand that all information, images, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
("Content") are the sole responsibility of the person from which such
Content originated. Kizmeta reserves the right, but shall have no
obligation, to pre-screen, flag, filter, refuse, modify or move any Content
available via Kizmeta services. You understand that by using Kizmeta
services you may be exposed to Content that is offensive, indecent or
objectionable, and that you use Kizmeta services at your own risk.
You agree that you are responsible for your own conduct and any
Content that you create, transmit or display while using Kizmeta services
and for any consequences thereof. You agree to use Kizmeta services only for
purposes that are legal, proper and in accordance with the Terms and any
applicable policies or guidelines. You agree that you will not engage in
any activity that interferes with or disrupts Kizmeta services or servers or
networks connected to Kizmeta services. To report any activity or Content
that may violate the Terms, please Contact Us.
Users outside of the United States agree to comply with their own
local rules regarding online conduct and acceptable content, including laws
regulating the export of data to and from the United States or your country
of residence.
Users agree to be respectful and courteous to other users of the
site.
You must not modify, adapt, or hack ScrapEase.com, or modify
another website so as to falsely imply that it is associated with
ScrapEase.com or Kizmeta. You must not transmit any worms or viruses,
or any code of a destructive nature.
3. KIZMETA PRIVACY POLICY
Kizmeta values your privacy and agrees not to disclose your
personal information to outside parties except as required by law
or as necessary to conduct the operations of the service. Kizmeta
collects information in order to provide quality services and to provide
data for the betterment of Kizmeta products and services.
By using Kizmeta services, you acknowledge and agree that Kizmeta
may access, preserve, and disclose your account information and any Content
associated with that account if required to do so by law or in a good faith
belief that such access, preservation, or disclosure is reasonably necessary
to: (a) satisfy any applicable law, regulation, legal process or enforceable
governmental request, (b) enforce the Terms, including investigation of
potential violations hereof, (c) detect, prevent, or otherwise address
fraud, security or technical issues, or (d) protect against imminent harm to
the rights, property or safety of Kizmeta, its users or the public as
required or permitted by law.
You understand that the technical processing and transmission of
Kizmeta services, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks, devices or services.
Kizmeta may share your information as necessary to process payments
and transactions.
As with any credit card payment, we need to share some information
(for example, your name and credit card number) with the banks and
other entities in the
financial system that process credit card transactions.
4. PROPRIETARY RIGHTS
Kizmeta's Rights
You acknowledge and agree that Kizmeta services and any necessary
software used in connection with Kizmeta services ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws and treaties. You further acknowledge
and agree that Content presented to you through Kizmeta services is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by Kizmeta or
other proper third party rights holders, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on Content,
Kizmeta services or Software, in whole or in part except as specifically
authorized in a separate written agreement.
Except as expressly authorized by Kizmeta you agree not to use, copy,
imitate, or incorporate any trademark, service mark, trade dress, company
name, or product name in a way that is likely to cause confusion among
consumers. You also agree not to remove, obscure, or alter Kizmeta's or any
third party's copyright notice, trademarks, or other proprietary rights
notices affixed to or contained within or accessed in conjunction with or
through the Kizmetaservices or Software.
Your Rights
Kizmeta claims no ownership or control over any Content submitted,
posted or displayed by you on or through Kizmeta services. You or a third
party licensor, as appropriate, retain all patent, trademark and copyright
to any Content you submit, post or display on or through Kizmeta services and
you are responsible for protecting those rights, as appropriate. By
submitting, posting or displaying Content on or through Kizmeta services
which are intended to be available to the members of the public, you grant
Kizmeta a worldwide, non-exclusive, royalty-free license to reproduce,
adapt, modify, publish and distribute such Content on Kizmeta services for
the purpose of displaying, distributing and promoting Kizmeta services.
Kizmeta reserves the right to syndicate Content submitted, posted or
displayed by you on or through Kizmeta services and use that Content in
connection with any service offered by Kizmeta. Kizmeta furthermore
reserves the right to refuse to accept, post, display or transmit any
Content in its sole discretion.
You represent and warrant that you have all the rights, power and
authority necessary to grant the rights granted herein to any Content
submitted.
5. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged infringement that
comply with the United States' Digital Millennium Copyright Act or other
applicable law and to terminate the accounts of repeat infringers.
You agree not to post any copyrighted material unless the
copyright is owned by you or you otherwise have the legal right to post such
material.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Kizmeta has no responsibility or liability for the
deletion of or failure to store any Content and other communications
maintained or transmitted by Kizmeta services. You acknowledge that Kizmeta
may have set no fixed upper limit on the number of transmissions you may
send or receive through Kizmeta services or the amount of storage space
used; however, we retain the right, at our sole discretion, to create limits
at any time with or without notice.
Upon the termination of your use of Kizmeta services, including upon
receipt of a certificate or other legal document confirming your death,
Kizmeta will close your account and you will no longer be able to retrieve
content contained in that account.
7. PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of Kizmeta services, use of
Kizmeta services, or access to Kizmeta services except as otherwise
expressly provided in the Terms or as specifically authorized in a separate
written agreement.
8. MODIFICATIONS TO SERVICE
Kizmeta reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, Kizmeta services (or any part
thereof) with or without notice. You agree that Kizmeta shall not be liable
to you or to any third party for any modification, suspension or
discontinuance of Kizmeta services.
9. TERMINATION
You may discontinue your use of Kizmeta services at any time. You
agree that Kizmeta may at any time and for any reason, including a period of
account inactivity, terminate your access to Kizmeta services, terminate the
Terms, or suspend or terminate your account. In the event of termination,
your account will be disabled and you may not be granted access to Kizmeta
services, your account or any files or other content contained in your
account. Sections 9 (Termination), 11 (Indemnity), 12 (Disclaimer of
Warranties), 13 (Limitations of Liability), 14 (Exclusions and Limitations)
and 17 (General Information including choice of law, severability and statute of limitations),
of the Terms, shall survive expiration or termination.
10. EXTERNAL RESOURCES
Kizmeta services may provide, or third parties may provide, links to
other World Wide Web sites or resources. Kizmeta may have no control over
such sites and resources and you acknowledge and agree that Kizmeta is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that Kizmeta shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or
resource.
11. INDEMNITY
You agree to hold harmless and indemnify Kizmeta, and its
subsidiaries, affiliates, officers, agents, employees, advertisers,
licensors, suppliers or partners, (collectively "Kizmeta and Partners") from
and against any third party claim arising from or in any way related to your
use of Kizmeta services, violation of the Terms or any other actions
connected with use of Kizmeta services, including any liability or expense
arising from all claims, losses, damages (actual and consequential), suits,
judgments, litigation costs and attorneys' fees, of every kind and nature.
In such a case, Kizmeta will provide you with written notice of such claim,
suit or action.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF KIZMETA SERVICES IS AT YOUR SOLE RISK. KIZMETA
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO
THE MAXIMUM EXTENT PERMITTED BY LAW, KIZMETA AND PARTNERS
EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. KIZMETA AND PARTNERS DO NOT WARRANT THAT (i) KIZMETA SERVICES
WILL MEET YOUR REQUIREMENTS, (ii) KIZMETA SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF KIZMETA SERVICES WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH KIZMETA SERVICES WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF KIZMETA SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM KIZMETA OR THROUGH OR FROM KIZMETA SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KIZMETA AND PARTNERS SHALL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
KIZMETA OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE KIZMETA SERVICES; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM KIZMETA SERVICES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON KIZMETA SERVICES; OR (v) ANY
OTHER MATTER RELATING TO KIZMETA SERVICES.
14. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY
CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED
OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED
TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE
LIMITATIONS IN SECTIONS 12 AND 13 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL
APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
15. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms,
there shall be no third party beneficiaries to the Terms.
16. NOTICE
You agree that Kizmeta may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings on
Kizmeta services.
17. GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or
amendments that may be presented to you from time to time) constitute the
entire agreement between you and Kizmeta and govern your use of Kizmeta
services, superceding any prior agreements between you and Kizmeta for the
use of Kizmeta services. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other Kizmeta
services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you
and Kizmeta shall be governed by the laws of the State of Nevada without
regard to its conflict of law provisions. You and Kizmeta agree to submit to
the personal and exclusive jurisdiction of the courts located within the
county of Clark, Nevada.
Waiver and Severability of Terms. The failure of Kizmeta to exercise
or enforce any right or provision of the Terms shall not constitute a waiver
of such right or provision. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the
Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related
to use of Kizmeta services or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no
legal or contractual effect.
