End User Terms of Service
Last Updated: March 15, 2021
The Services allow you to participate in webinars, meetings and other events or communities (each an “Event”) hosted or sponsored by an organization, company or other third party that has entered into an agreement with Kazm (a “Kazm Customer”).
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU’RE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND KAZM THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 13 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
Access to the Services. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Kazm, and not otherwise barred from using the Services under applicable law. Access to the Services may require an invite or authorization to participate in an Event from the Kazm Customer. The Kazm Customer has separately entered into another written agreement (“Customer Agreement”) with us for use of the Services and you acknowledge that your rights to use Services are subject to the Kazm Customer’s rights and obligations under the Customer Agreement to control and manage certain aspects of the Services. For example, the Kazm Customer may suspend or terminate your access to the Services, or grant, restrict or modify your ability to access certain data or content within the Services (including data or content that you upload to or post on the Services) or certain features of the Services.
Account. For certain features of the Services you’ll need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.
Acceptable Use Policy. You agree not to do any of the following:
Post, upload, publish, submit or transmit any End User Content (as defined below), or otherwise use the Services in any manner, that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use the Services to send abusive commercial solicitation, such as “junk” messages, spam and pyramid schemes;
Make the Services accessible to anyone other than you;
Create, modify, distribute, transmit, display, or perform derivative works based on the Services;
Copy, frame or mirror any part or content of the Services;
Disassemble, decompile or otherwise reverse engineer the Services;
Use the Services to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs;
Intentionally interfere with or disrupt the integrity or performance of the Services or third party data or services contained therein;
Attempt to gain unauthorized access to the Services or their related systems or networks;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Attempt to probe, scan or test the vulnerability of any Kazm system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Kazm or any of Kazm’s providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Kazm or other generally available third-party web browsers;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Kazm is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. Without limiting any other terms of these Terms, we reserve the right, but are not obligated, to remove or disable access to any content, including End User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy. Kazm respects the intellectual property of others and asks that you do too. Kazm’s policy is to terminate in appropriate circumstances users who repeatedly infringe the rights of copyright holders. Please see Kazm’s Copyright Policy located at https://docs.google.com/document/d/e/2PACX-1vQZ5b0h9HUYpU8yn3EaoRKA3hxY6gMEeKZAI3RX8EUPbbrt0gu83JhCchtGOpA-pA/pub for further information.
To Kazm. As of the date of last update above, Kazm does not charge end users a fee for use of the Services. If we decide to do that, we will let you know in advance by way of an update to these Terms or through the Services. Kazm retains a fee from payments you make to the Kazm Customer pursuant to Section 4(b) below, as agreed between Kazm and the Kazm Customer.
To the Kazm Customer. The Services may allow you to make donations or other payments to the Kazm Customer that is hosting or sponsoring the Event in which you participate. If you choose to make such a payment (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction on behalf of the Kazm Customer. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such payment, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable. All amounts and applicable taxes, if any, are payable in United States dollars.
End User Content.
End User Content. The Services allow you to share content like text, files, images, audio and video. Anything (other than your feedback) that you post or otherwise make available through the Services is “End User Content”. We do not claim any ownership rights in any End User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your End User Content.
Permission To Use End User Content. By making any End User Content available through the Services, you hereby grant Kazm a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, modify, copy, distribute, create derivative works from, publicly display, and publicly perform your End User Content solely in connection with operating, providing and improving the Services.
Access to End User Content by Others. By making any End User Content available through the Services, you also acknowledge and agree that your End User Content may be monitored, stored and accessed by the Kazm Customer and other end users of the Services. We’re not responsible for any use of your End User Content by the Kazm Customer or other end users of the Services.
Your Responsibility for User Content. You are solely responsible for all of your End User Content. You represent and warrant that you have (and will have) the necessary rights to grant us the license to your End User Content under these Terms. You represent and warrant that neither your End User Content nor our use of your End User Content on the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Kazm Intellectual Property. Kazm and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. We may make available through the Services content that is subject to intellectual property rights; we retain all rights to that content.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 4, 5, 7, 9, 10, 11, 12, 13 and 14.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
You acknowledge and agree that Kazm is not responsible for and will not be liable for any damages or losses, or otherwise, in connection with the Events organized, hosted or sponsored on the Services, including any changes to Event times or participants or cancellations of Events. The host of the Event, whether the host is a Kazm Customer or an end user of the Services who the Kazm Customer has authorized or enabled to host the Event, is solely responsible for ensuring that any Event meets all applicable laws, rules and regulations.
Indemnity. You will indemnify and hold Kazm and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) you End User Content, or (c) your violation of these Terms.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER KAZM NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KAZM OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL KAZM’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KAZM AND YOU.
Dispute Resolution. Each of Kazm and you must submit all claims and issues arising from, relating to, or connected with these Terms to binding arbitration in accordance with this Section. A single arbitrator will conduct the arbitration in accordance with the current Rules of Practice and Procedure of the Judicial Arbitration and Mediation Service (JAMS) (the “JAMS Rules”). Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The arbitrator is bound by strict rules of law and the terms of these Terms (i.e., the arbitrator may not waive, change or equitably excuse any term of these Terms). The arbitrator does not have the power to commit errors of law or legal reasoning, and a court may vacate or correct an arbitration award because of such errors. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs all issues arising from the arbitrability or the enforcement of the agreement to arbitrate, except for the requirements to apply New York state law (but disregarding any principle of law that would cause the application of the law of any other jurisdiction or permit a court, as opposed to the arbitrator, to determine the applicability or validity of this agreement to arbitrate). Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, and we won’t seek to recover the administration and arbitrator fees we’re responsible for paying, unless the arbitrator finds your dispute frivolous. Each of Kazm and you must submit or file any claim that would constitute a compulsory counterclaim (as defined by Rule 13 of the Federal Rules of Civil Procedure) within the same arbitration proceedings as the claim to which it relates; any such claim which is not submitted or filed will be barred. The arbitrator may only award damages and may only grant relief that is permitted by these Terms. The arbitrator’s decision, award and relief will be conclusive and binding on the parties. Either party may enter the arbitrator’s decision, award and relief in any court having appropriate jurisdiction.
No Class Action. Arbitration may only be conducted on an individual, not a class wide, basis. No arbitration proceeding between the parties may be consolidated with any other arbitration proceeding involving Kazm and any other person or entity. Each of Kazm and you must file and prosecute arbitration proceedings separately and individually in the name of Kazm and your name, and not in any representative capacity. Each of Kazm and you hereby irrevocably waives and agrees not to assert any claim inconsistent with this Section.
Governing Law. These terms, and any dispute arising out of or related to these Terms, will be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, excluding its conflicts of law rules. All claims and issues arising from, relating to, or connected with these Terms that an arbitrator determines are excluded from these Terms’ arbitration requirements may only be filed and resolved by state or federal courts located in the State of New York, and each of Kazm and you consents to the exclusive jurisdiction of those courts. Further, Kazm may obtain injunctive or other equitable relief in any court of competent jurisdiction in the event of any infringement or threatened infringement of its intellectual property rights. Neither Kazm or you will claim that an aforementioned court lacks personal jurisdiction, is an inconvenient forum or is an improper venue.
Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Kazm and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Kazm and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Kazm’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Kazm may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Kazm under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Kazm’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kazm. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Kazm at firstname.lastname@example.org.