LAST UPDATED: April 29, 2014
1. Accepting the Terms and Conditions.
Welcome to www.kazzata.com. Please read these terms and conditions carefully before using this website, and check them periodically for changes.
ANY USE OF THIS WEBSITE (the “Site”), OR THE SERVICES AVAILABLE FROM TIME TO TIME ON OR IN CONNECTION WITH THE SITE (the “Service”), IS SUBJECT TO AND CONDITIONED UPON ASSENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (the “Agreement”). BY USING THE SITE OR THE SERVICE YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT AND THAT YOU ARE OF LEGAL AGE AND CAPACITY TO FORM A BINDING CONTRACT. THE AGREEMENT IS BETWEEN US, KAZZATA LTD (“KAZZATA”, "US" or "WE"), AND YOU, AN INDIVIDUAL OR AN INDIVIDUAL ACTING ON BEHALF OF A LEGAL ENTITY THAT WILL BE USING THE SITE OR THE SERVICE.
We may change the terms of this Agreement or the Service at any time(s) and in our sole discretion, upon posting notice on the Site, with a ten (10) day advance notice for users that registered at the Site before such posting. Your continued use of the Site or Service shall constitute your consent to any changes made. If you do not agree to the new or different terms, you should not use the Site or the Service.
2. The Service.
Access and use of the Site, Service and any content made available at the Site or through the Service or that you otherwise obtain in connection with the Site or the Service ("Content"), is permitted only for your own use as intended pursuant to the Site, and only as long as you are in compliance with this Agreement.
The Site is a marketplace for 3D designs, and provides only informational guidance related to the Service. As a marketplace, Kazzata does not own, endorse, sell or license the 3D designs listed on the Site. WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OF THE SERVICE OR THE SITE, NOR ANY OTHER THIRD PARTY, AND ARE NOT ACTING AS YOUR OR ANY OTHER PARTY'S AGENT. WE CANNOT GUARANTEE THE ABILITY OF USERS OF THE SERVICE TO COMPLETE ANY TRANSACTION, NOR ANY PAYMENTS BY ANY USER OF THE SITE OR THE SERVICE. Further, We have no control over the Content provided by third parties or the transactions that take place as a result of the Service (including among others their compatibility to your needs, quality, safety or legal compliance).
Portions of the Service may be subject to other agreements and policies contained in the Site which relate to a particular service or activity conducted through or offered on the Site, in addition to this Agreement. If conflicts exist between them and this Agreement, this Agreement shall govern unless such other agreement expressly state that they govern over this Agreement.
We may for any or no reason, in our sole discretion and without notice or liability to you or any third party, refuse Service or terminate the Service at any time, and may immediately suspend or terminate your account (if any) and block any and all current or future access to and use of the Site and Service (or any portion thereof), without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, Our determination that you violated the letter or spirit of this Agreement or an infringement of the rights of others or any applicable laws or regulations.
You may cancel your use of the Service or terminate your account with Kazzata at any time and for any or no reason by providing written notice to us. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account (although residual copies of information may remain in our system).You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Service including imposing a fee for the use of certain services, upon posting a notice on the Site. In addition, we may, from time to time, perform maintenance upon the Site or Service resulting in interrupted service, delays or errors in the Site or Service. We will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Access to the Service is available only to registered users. As part of the registration process you will be requested to provide certain personal information, including among others, name, address, email address and telephone number (collectively, the “Personal Data”). You agree to:
Provide true, accurate, current and complete Personal Data as prompted by the Site's processes.
Maintain and promptly update the Personal Data to keep it accurate, current and complete.
Maintain the security and confidentiality of any usernames and passwords, and any other security or access information used by you to access the Site or Service.
Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's Personal Data.
Immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Personal Data in connection with the Site or the Service or any other breach of security that you become aware of involving or relating to the Site.
When you grant or buy a license for a 3D design, send a design file for printing or request a custom-made design, the Service shall provide a user's contact information, including Personal Data.
We assume that any communications and other activities through use of your Personal Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Personal Data. We will not be liable for your losses caused by any unauthorized use of your Personal Data.
You declare that by providing your Personal Data to us, you consent to us sending and you receiving, by means of telephone, SMS or e-mail, communications containing content of a commercial nature relating to the Site, Service and related services.We do not have to obtain your prior consent before sending such communications to you, but We shall cease to send such communications if You notify us in writing that do not wish to receive such commercial content.
4. General User Conduct.
In connection with any Content that you provide to us or post on or through the Service or the Site (each, a "Submission") and in addition to other agreements and policies contained in the Site, You agree (i) to abide by all applicable local, state, federal, national and international laws and regulations, (ii) to review and understand any agreement with other users of the Service well in advance of any transaction with such users, and comply with the terms of such agreements unless the transaction is prohibited by law, (iii) to obtain any licenses and certifications applicable to you or your actual or proposed activities, and (iv) not, nor allow or facilitate a third party, to violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others or our policies or the operational or security mechanisms of the Service. Without limiting the foregoing you may:
Not use the Site, the Service, any Content (including without limitation any programming, images, photographs, graphics), or the communication systems provided by the Site, to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Not harvest or otherwise collect non-public information about another user obtained through the Site, the Service or the communication systems provided by the Site (including without limitation email addresses), without the prior written consent of such user.
Not add a Site user to your email or physical mailing list without their prior written consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the internet.
Not alter, modify, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Site, the Service, any Content (including without limitation trademarks, service marks and logos contained in the Site ("Marks") but excluding Content provide entirely by you). However, you may copy Content that is reasonably required for the intended purposes of the Site.
Not access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Site or any of the Site's security and traffic management devices, software or routines.
Not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Service except if and to the extent permitted by applicable law.
Not use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Site, make Submissions, monitor or scrap information from this Site or the Service, or bypass any of our robot exclusion request (either on headers or anywhere else on the Site).
Not use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by us.
Not create or provide any other means through which the Site may be accessed, for example, through server emulators, whether for profit or not.
We cannot and do not assure that other users of the Site are or will be complying with this Agreement, and, as between us, You assume all risk of harm or injury resulting from any such lack of compliance.
5. Your Submissions and Designs.
(1)You warrant and represent that (i) you are at least eighteen (18) years of age; (ii) all of Your Submissions are and will be true, complete and accurate and in compliance with all of the terms of this Agreement and any applicable laws and regulations, and (iii) if you are an entity or organization, you are its authorized representative and have the legal right and authority to provide the Submission pursuant to the terms of this Agreement; and (iv)you have all necessary right, power and authority to enter into and perform under this Agreement.
(2) You agree that your Submissions are intended for public display on the Site and other websites or applications as selected by Us. You hereby grant us (and our successors and affiliates) a worldwide, non-exclusive, perpetual, irrevocable, unrestricted, royalty-free, sub-licensable and transferable license to store and publicly display your Submissions, including for removal of doubts your 3D designs, images and prints of such designs (in each case directly or through subcontractors), for the purposes of providing or promoting the Service or redistributing part or all of the Site or Service, in any media formats and through any media channels including without limitations in future modifications of the Service or advertising and promotional materials relating thereto, in each case without compensation, liability or notice to You. By removing the relevant design from the Site, you terminate all of the licenses granted to Kazzata under this Agreement as of the date of such removal, except for the license to use images of your designs for marketing and promotional purposes for the period that Kazzata reasonably needs to phase out any marketing and promotion campaigns.
(3) You agree that we may modify, and to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to, your Submissions except for any 3D designs. Any feedback or suggestions that you provide regarding the Site or Services, you hereby assign to Us including all ownership and other rights in such feedback and suggestions, and agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution.
(5) You are entirely responsible for all your Submissions and the consequences of posting or publishing them on the Site.
(6) We reserve the right to decide whether, where, and how a Submission is listed on the Site. Further although we have no obligation to review any Submissions, we reserve the right, in our sole discretion, to monitor, edit and partially or fully remove any Submission without prior notice. If we have questions about your Submissions, we may contact you for further information.
7. Our and our Suppliers' Proprietary Rights.
The Content, including without limitation Marks and design files that were not uploaded by You, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Content, the Site and the Service not expressly granted herein are reserved.
We make no claim of ownership as to the trademarks of any vendor listed on this Site, or with respect to any publisher or publication mentioned on this Site.
8. Links to Other Websites.
9. Links to this Site.
Subject to the terms of this Agreement, we grant to you, a nonexclusive, non-transferable, non-sublicensable right to display on your website a link to the Site as long as your use is not misleading, illegal or defamatory, or your website or application is not obscene, pornographic, inappropriate or illegal. You may display the logo only in the form and size provided to you. You may not use the logo in any way that suggests that we endorses or sponsors your site or application, or that tarnishes, blurs or dilutes the quality of Our trademarks or any associated goodwill. All use of and goodwill associated with the logo shall inure to Our benefit.
10. Disclaimers of all Warranties.
THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLCIABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE POSTING OF ANY CONTENT BY USERS OR OTHERS DOES NOT IMPLY ENDORSEMENT BY US OF THE SAME.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THIS SITE OR THE SERVICE MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR USE OF THIS SITE, THE SERVICE OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES, NOR IN TERMS OF THE CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE OF SUCH RESULTS OF CONSEQUENCES, OR IN CONNECITON WITH SUBMISSIONS OR PREVENTTION OF UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT; OR (III) YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
YOUR USE OF THIS SITE, THE SERVICE AND CONTENT, AND ANY ACTION OR INACTION BY USERS OF THE SITE OR SERIVCE, ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES;
11. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICE), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) REPRESENTATIONS, WARRANTIES, ACTIONS OR INACTIONS OF ANY USER OR OTHER THIRD PARTY (WHETHER OR NOT PROVIDED AS A RESULT OF THE SERVICE, AND INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE LEVEL OF SERVICE PROVIDED OR NON PAYMENT BY A CLIENT); IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. However, We (but not our suppliers) will be liable to You for direct damages to you that arise out of any willful act on Our part in an amount up to the commissions earned by Us from the transaction giving rise to such damages claim (excluding for avoidance of doubts, any amounts transferred by Us to providers of designs).
12. Limitation of Claims.
Any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICE OR THE CONTENT, INCLUDING WITHOUT LIMITATION our actions or omissions while providing THE services (EXCEPT FOR OUR BREACH OF THE AGREEMENT AS A RESULT OF WILLFULL MISCONDUCT OR FRAUD ON OUR PART); (II) YOUR SUBMISSIONS; (III) ANY BREACH OF, OR DEFAULT IN, THIS AGREEMENT BY YOU, OR OF ANY ARRANGEMENT BETWEEN YOU AND OTHER USER ; (IV) THE ACT OR OMISSION OF A USER, WHETHER OR NOT ILLEGAL, NEGLIGENT, RECKLESS, OFFENSIVE, UNAUTHORIZED OR UNPROFESSIONAL; AND (V) ANY DEFECTIVE, CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION FILES, VIRUSES, WORMS OR TROJAN HORSES, INTENTIONALLY OR NEGLIGENTLY DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK; (VI) ANY ACTIVITY RELATED TO YOUR ACCOUNT, BE IT BY YOU OR BY ANY OTHER PERSON ACCESSING YOUR ACCOUNT WITH OR WITHOUT YOUR CONSENT UNLESS SUCH ACTIVITY WAS CAUSED BY A WILLFULL ACT OR DEFAULT OF KAZZATA.
We will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
15. Governing Law and Exclusive Courts.
This Agreement will be governed by laws of the State of Israel without regard to its choice of law or conflicts of law principles. The parties consent to the exclusive jurisdiction and venue in the courts in Tel- Aviv, Israel, except that temporary relief to enjoin infringement of intellectual property rights may be sough in any court.
16. Infringement Notices and Takedown.
If you believe that any material contained on this Site infringes your copyright, please report this to us. We will investigate any report in accordance with our Copyright and Content Policy.
This Agreement and our rules and policies and license agreement (if applicable) in this Site comprise the entire agreement between you and us, state our and our suppliers' entire liability and your exclusive remedy with respect to the Site and Service, and supersede all prior agreements pertaining to this Agreement’s and such rules’ and policies’ and license agreement's subject matter. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.You agree to pay all costs and expenses (including reasonable attorneys' fees) that we may incur in order to (a) collect any amounts that a you owe under this Agreement, or (b) to initiate an arbitration or judicial proceeding to resolve a dispute between users of the Site; in each case in addition to all other remedies available in law, equity or otherwise. No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of the use of the Site or the Service.
Copyright © 2014, Kazzata Ltd. All rights reserved.