PLEASE READ THE FOLLOWING TERMS OF SERVICE (the "TERMS") CAREFULLY BEFORE USING ANY BAZAA SERVICE. THE USE OF ANY BAZAA SERVICES WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.
The BaZaa Services are made available to you by BaZaa Networks subject to the following Terms. BaZaa Networks may also offer other services under different terms of service. BaZaa Services are made available by BaZaa Networks only to persons who are above 13 years of age. By using the services you represent that you are 13 years or older.
BaZaa Networks provides users with access to an array of services for online communications (the "Service" and "Services"). You may connect to the Services using the BaZaa Client application connected to the Internet. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
BaZaa Networks may offer certain Services as closed or open beta services ("Beta Service" or "Beta Services") for the purpose of testing and evaluation. BaZaa Networks shall have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. BaZaa Networks shall be the sole judge of the success of such testing and the decision, if any, to offer any of the Beta Services as commercial service. You will be under no obligation to acquire a subscription to use any commercial service as a result of your subscription to any Beta Service. BaZaa Networks reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that BaZaa Networks shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
BaZaa Networks may modify the Terms in its sole discretion at any time. These modifications may include, without limitation, payment for the Services. You will be provided notice of any such modification for payment of the Services by electronic mail or by publishing the changes on the website http://www.bazaanetworks.com/terms.htm. You will be provided the option to terminate your use of the Services if BaZaa Networks modifies the Terms in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process "Registration Data"); and b) maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if BaZaa Networks has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, BaZaa Networks has the right to terminate your Account and refuse current or future use of any or all of the Services.
The compulsory personal information you provide to BaZaa Networks through the Service is limited a unique username and a valid email address. You are responsible for maintaining the confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify BaZaa Networks immediately of any unauthorized use of your Account at accounts@bazaanetworks.com. BaZaa Networks is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.
The Service may include certain communications from BaZaa Networks, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving mails from us. However, this may prevent us from providing effective service to you.
BaZaa Networks reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the Services. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time BaZaa Networks requires a fee for any of the Services, you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay such fees, BaZaa Networks shall have the right to cease providing such Service to you.
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of email. BaZaa Networks reserves the right to terminate your access to the Services if BaZaa Networks believes that you have used the Services for any illegal or unauthorized activity.
We respect your right to ownership of content created or stored by you. With the exception of account credential and payment information, all of your data is stored on your computer only and is not stored on any BaZaa Networks machines. Unless specifically permitted by you, your use of the Services does not grant BaZaa Networks the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your Account for BaZaa Networks's commercial, marketing or any similar purpose.
You grant BaZaa Networks permission to transmit or publish content created by you to other BaZaa users on the network. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or per mission, as the case may be from every person who may claim any rights in such content to make such content available in the such manner. Further, by making any content available in the manner aforementioned, you expressly agree that BaZaa Networks shall have the right to block access to or remove such content made available by you, if BaZaa Networks receives complaints concerning any illegality or infringement of third party rights in such content. By using the any of the Services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by BaZaa Networks for this purpose.
For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, click here.
If you wish to protest any blocking or removal of content by BaZaa Networks, you may do so in the manner provided here.
BaZaa Networks, BaZaa Networks logo, BaZaa, BaZaa logo, the names of different BaZaa Services and their logos are trademarks of BaZaa Networks. Inc. You agree not to display or use, in any manner, the BaZaa Networks trademarks, without BaZaa Networks' s prior permission.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. BAZAA NETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BAZAA NETWORKS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM BAZAA NETWORKS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE THAT BAZAA NETWORKS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BAZAA NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BAZAA NETWORKS RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL BAZAA NETWORKS'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID YOU IN THE TRAILING THREE MONTHS OF SUCH SERVICE.
You agree to indemnify and hold harmless BaZaa Networks, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, BaZaa Networks may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
You agree that BaZaa Networks may terminate your Member Account and access to the Services for reasons including, but not be limited to, breaches or violations of the Terms or the BaZaa Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your BaZaa Networks Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law.
If you have any questions or concerns regarding this agreement, please contact us at legal@bazaanetworks.com