Terms and Conditions of Service

 

Introduction

Welcome, these are the Terms and Conditions of Service (the “Terms”) for the website located at www.cazaa.co (the “Site”), including its sub-domains and its mobile optimized versions.  These Terms shall supplement our Privacy Policy (the “Policy”) and our other guidelines, terms and policies made available by us from time to time, all incorporated herein by reference.

The Site is proudly operated to you by Cazza, Inc., hereinafter referred to as “Cazza”.  Cazza may or will secure the services of its affiliates, subsidiaries, partners and other authorized third parties in order to operate the Site and provide any services hereby.  The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to Cazza and/or its affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

 

Acceptance

If you continue to browse and use this Site, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Cazza’s relationship with you in relation to the Site and any products and services offered thereby (collectively, the “Service(s)”).

These Terms include a jury trial and class action waiver, and require binding arbitration on an individual basis in order to solve possible disputes.  These Terms also limit the remedies that may be available to you in the event of a dispute with us.  Overall, your access to the Site is only offered for your individual, non-commercial use, and not for the use or benefit of any third party you may represent.

Our Site displays the products and services of third parties, and in the case that you wish to purchase them, you will be directed to an specific purchase page, where you will need to provide the necessary personal and payment information, along with the acceptance of shipping, refund and other policies, usually through a clickable action, such as the “I agree” button or otherwise.

 

Updates

Cazza reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services and Site, at any time and without notice.  Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email.  Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

 

Account

In order to use part or all of the functionalities and Services provided via the Site, you may need to register for an account.  You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential.  In order to register and create an account with us, you will need to provide your name, email and other information.  You shall not disclose your user credentials to any third party.  If you suspect any unauthorized or fraudulent use of your account, please notify us immediately.  You must inform us of any changes to the information of your account.

From time to time, we may use third-party payment processors in order to bill you for any fees and Services provided through the Site.  The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors.  Cazza is not responsible for any and all errors by the payment processors.

 

Prohibited Activities

As our user, you represent, warrant and covenant to not undertake, motivate, or facilitate the use or access of the Site in order to:

  1. Infringe these Terms, or allow, encourage or facilitate others to do so.
  2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  3. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
  4. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
  5. Upload infringing, false, duplicated, altered or otherwise misleading purchase information.
  6. Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.
  7. Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from the Site or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
  8. Use the Site to disseminate any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
  9. Undertake any action that will or may cause an unreasonable load on Cazza’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from the Site.
  10. Intercept or monitor activity via our Services without our express authorization.
  11. Otherwise reverse engineer, decompile or extract the proprietary code of the Site.

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and our Services, without refund or reimbursement on our part.

 

Parental Notice

Cazza does not knowingly provide its Services to persons under the age of thirteen (13).  Users under the age of eighteen (18) and over thirteen (13) may use the Site with the consent of their legal guardians, but are otherwise prohibited from providing Cazza with personally identifiable information of persons under the age of thirteen (13).

 

Ownership

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site are the property of –or otherwise are licensed to– Cazza or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world.  Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.  No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.

For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

 

Third Party Links

From time to time, our Site and Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites (or their products and services).

From time to time, we may place ads and promotions from third party sources in the Site.  Accordingly, your participation or undertakings in promotions of third parties other than Cazza, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party.  Cazza is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.

 

User Privacy

By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.  We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups.  For more information, please read our Policy.

 

Digital Millennium Copyright Act (‘DMCA’) Notice

For DMCA Takedown Notices and alleged intellectual property rights infringement within the Site, you can get in touch with us as indicated in our contact section.  Under federal United States law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.

You must notify us of your claim with subject: “Takedown Request”.  Once received, Cazza will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, Cazza may delete it, disable or otherwise stop displaying it.  Please note that this procedure is exclusively for notifying Cazza and its affiliates that your copyrighted material has been infringed.

Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

 

No Warranty

To the fullest extent permissible under applicable law, the Site is provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk.  No oral or written advice provided by Cazza, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you.  Cazza, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Neither Cazza, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site will be error-free, uninterrupted, secure, or produce any particular results.  No advice or information given by Cazza or its employees, affiliates, contractors and/or agents shall create a guarantee.  The functionalities and results displayed within the Site may or will vary, without prior notice or without any notice at all; and will depend on a variety of factors out of the control of Cazza.  Your use of any information and/or materials on this Site is entirely at your own risk, for which we shall not be held liable.

 

Disclaimer of Damages

In no event shall Cazza, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to the Site, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Cazza, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.  For purposes of this limitation of liability, Cazza’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

 

Limitation of Liability

In no event, shall Cazza’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed; (i) the actual price paid by you for the license and/or use of the Site or our Services in the twelve (12) months preceding the claim; or (ii) the amount of USD$100.00 (One Hundred United States Dollars); whichever results less; and henceforth any award for direct, provable damages shall not to exceed such total amount.

These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.  This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

 

Indemnification

Indemnification by You.  You shall indemnify, hold harmless, and defend Cazza, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Cazza’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Cazza’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Cazza); and/or (ii) any third party claim arising out of or in relation to the Site or use thereof in combination with your business platform, including without limitation, any claim that the Site violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.


Indemnification by Cazza
.  Cazza will indemnify you against all claims and proceedings arising from infringement (or alleged infringement) of any intellectual property rights by reason of your permitted use of the Site as supplied by Cazza.  As a material condition of this indemnity, you will: (i) promptly notify Cazza in writing of any allegation of infringement; (ii) make no admission relating to the infringement; and (iii) allow Cazza full control over all negotiations and proceedings and give Cazza all reasonable assistance.

The indemnifications obligations contained in this section shall not apply to the extent that any claim against Cazza’ Indemnitees arises as a result of or in relation to: (i) any user generated content; and/or (ii) use of the Site other than in accordance with these Terms and/or any applicable laws.

 

Generals

Advertisements and Promotions.  From time to time, we may place ads and promotions from third party sources in the Site.  Accordingly, your participation or undertakings in promotions of third parties other than Cazza, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party.  Cazza is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.


Assignment
. These terms will inure to the benefit of any successors of the parties.


California Residents Notice
.  As indicated in the California Civil Code, Section 1789.3, our California users have the right to be made aware of this information: the Site is provided to you by Cazza, Inc.  For any inquires or complaints regarding the Site, please contact our customer service team at the address indicated in our website.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.


Content Moderation
.  Cazza hereby reserves the right, at its sole and final discretion, to review any and all content delivered into the Site, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.


Equitable remedies
:  You hereby acknowledge and agree that if these Terms are not specifically enforced, Cazza will be irreparably damaged, and therefore you agree that Cazza shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.


Force Majeure
. Cazza shall not be liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Cazza’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.


Headings
. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.


No Waiver
. Failure by Cazza to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.


No Relationship
. You and Cazza are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.


Severability
. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of these Terms will remain in full force and effect.


Waiver of Class Actions, Non-Individualized Relief
. You acknowledge and accept that claims brought against Cazza shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding.  Unless otherwise agreed by you and Cazza, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.


Applicable Law
. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of California, United States of America, without regard to conflict of law principles.


Forum
. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the City of San Francisco, State of California, United States of America.  If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.  You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.


Waiver of Jury Trial
. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.

 

Contact

If you have any questions or queries about us, our Site, our Services or these Terms, please contact us as indicated in our contact page.

 

Date of last effective update is June 5, 2017.