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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.