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Kizash Terms of Service and Conditions of Use

INTRODUCTION

The following Terms and Conditions of Use ("TOS") apply to all Web Sites owned, operated, or controlled by Intellidreams LLC, herein collectively referred to as "KIZASH". BEFORE USING THIS WEB SITE OR ANY OTHER KIZASH WEB SITE, PLEASE READ AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY!

USER'S AGREEMENT

By using KIZASH, or any other Web Site owned, operated, licensed, or controlled by KIZASH, users represent that they have read, understood and agree to be legally bound by the terms and conditions of use herein contained. Users also represent that they are at least 18 years of age and if younger, then users represent that they are old enough or are otherwise legally enabled by the laws of the jurisdiction in which the user views any KIZASH Web Site, to be contractually bound by these terms and conditions of use.

RIGHT TO REVISE TERMS

KIZASH reserves the right, at its sole discretion, to change or modify any portion of these terms and conditions of use at any time. Check these terms and conditions of use periodically for changes, as by continuing to use this Web Site or any other KIZASH Web Site following modification or any changes to these terms or conditions of use, users represent that they have read, understood and agree to be legally bound by these terms and conditions of use, as revised by the most recent changes made thereto.

RIGHT TO REVISE WEB SITE

KIZASH reserves the right to revise or otherwise make any changes, corrections, additions, deletions or any modifications to any and/or all of the features, functionality, or Content as it deems necessary to any part of this Web Site or any other KIZASH Web Site at anytime, without notice and without liability to users of any KIZASH Web Site. KIZASH also reserves the right to discontinue, restrict or otherwise terminate access to any KIZASH Web Site at anytime, either temporarily or permanently, without notice and without liability to users of any KIZASH Web Site.

SERVICES

Kizash currently provides users with a platform to profit off of their Content through the sharing of the net profit from advertising revenue and other revenues that may result from the display of your Content within the Kizash network (the "Service"). You understand and agree that Kizash displays advertisements and maintains the right to change or alter those advertisements at anytime. Any new features that enhance or alter the current Service, including but not limited to the release of new Intellidreams, LLC properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Kizash assumes no responsibility for the timeliness, deletion or alteration of Content on the Service. Kizash may not be held responsible for accuracy of bandwidth charges or advertising revenues used to calculate net profit and profit sharing from use of the Kizash network.

You are responsible for obtaining access to the Service and for the payment of any applicable fees for Internet Services that allow you access to view and participate in the Kizash network.

PARENTAL CONTROL

There are portions of Kizash not open to anyone under the age of 18. Kizash abides by the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Kizash network will be restricted for use for anyone under 18. If, for any reason, Kizash believes that people under the age of 13 are accessing general Content, Kizash may require verified parental consent.

REGISTRATION AND PRIVACY

You agree to provide and maintain accurate information when you register for membership of the Service. If, at any time, Kizash believes that the information you presented is inaccurate or incomplete, we reserve the right to cancel or suspend your membership in the network.

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.kizash.com/privacy.php

ACCOUNT SECURITY

During the new member process, you will be assigned a username and password. You are fully responsible for the confidentiality of the username and password and any activity that takes place with your username and password. If you feel that there has been a breech of security regarding you username and password, you agree to notify Kizash immediately.

CONTENT

You understand that all information, text, graphics, videos, data or other materials ("Content") submitted to the Service are the sole responsibility of the person who originated such Content. Although Kizash reviews the Content that you submit to the Service, we are unable to verify that the Content does not violate any copyrights, or contain any data or Content which is not the property of the person submitting the Content. Under no circumstances will Kizash be liable in any way for any Content, including, but not limited to, any errors or omissions or loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available by users via the Service.

Kizash and its designees shall have the right to refuse or move any Content that is available via the Service. Kizash maintains the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to Kizash.

You acknowledge and agree that Kizash may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Kizash, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

INTERNATIONAL USE

Due to the Global nature of the Internet, all local laws and regulations are in effect when using the Kizash network. Specifically, all local laws need to be followed regarding the export and import of Content and information.

USER SUBMISSIONS

Although KIZASH may from time to time monitor or review discussions, chats, postings, emails or other such transmissions, KIZASH is not obligated to do so and assumes no liability whatsoever in connection with or otherwise arising from the Content found at any location on any KIZASH Web Site. KIZASH assumes no responsibility or liability for any error, omission, inaccuracy, defamation, falsehood, obscenity, pornography, profanity, confidential, proprietary or other intellectual property infringement contained in any information found at any location on any KIZASH Web Site. Users are prohibited from posting or transmitting any unlawful, threatening defamatory, obscene, scandalous, inflammatory, pornographic, profane, confidential, proprietary, copyrighted, trademarked or other intellectual property or any material that would be considered a criminal offense or would give rise to civil liability or otherwise violate the law. Users agree that they shall remain solely responsible for the content of their messages and their conduct while utilizing any KIZASH Web Site and liable for any losses, damages, or causes of action arising therefrom. Users also understand that transmissions on the Internet are not always confidential and therefore, users agree that they transmit and/or post information to any of KIZASH's Web Sites and linked Web sites fully at their own risk will hold KIZASH completely harmless for any loss or damage incurred by user in doing so.

PURCHASES BY USERS

Should users purchase any product or Services through any KIZASH Web Site or linked Web Site operated by a person other than KIZASH, users may be asked to disclose credit/debit card or other payment information. User agrees not to hold KIZASH liable for any loss or damage incurred as a result of the provision of any such information through any KIZASH Web Site or linked Web Site and to further indemnify KIZASH against any and all losses or damages incurred by KIZASH as a result of user providing any incorrect, incomplete, non-current or inaccurate information.

INDEMNITY

By using the Kizash network you agree to indemnify Kizash, its parents, subsidiaries, affiliates, officers, agents, and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

SOLICITATION OF USERS

By accessing any KIZASH Web Site, visitors agree and pledge that such access and use is for the sole purpose of obtaining limited, general and unqualified information, or evaluating a KIZASH Web Site. Visitors further agree that they will not use any information contained on or within this Web Site or any other web site owned by KIZASH, directly or indirectly, for the purposes of marketing or direct or indirect solicitation. KIZASH strictly prohibits any user to use any of KIZASH's Web Sites and/or Directories for the purpose of harvesting E-mail addresses to transmit unsolicited bulk commercial advertisements or other marketing materials (SPAMMING) to any person, attorney, or other business entities who have listed an E-mail address on any of KIZASH's web sites.

NON COMPETE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

MODIFICATIONS TO SERVICE

Kizash reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kizash shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

You agree that Kizash may immediately terminate your Kizash account, any associated eand access to the Service. Cause for such termination shall include, but not be limited to, (a) a request by you (self-termination), (b) breaches or violations of the TOS (c) requests by law enforcement or other government agencies, (d) modification or discontinuation of the Service, (e) technical issues, (f) creating a program or utility to generate traffic to increase revenues for your Content. Termination of your Kizash account includes (a) removal of access to the Service, (b) removal of Content from the Service and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Kizash's sole discretion and that Kizash shall not be liable to you or any third-party for any termination of your account or access to the Service. Kizash also reserves the right to cancel its obligation to make any outstanding payments to you if the account was cancelled due to a violation of the TOS.

ADVERTISERS

Kizash maintains relationships with Advertisers which including payment and delivery of related terms, conditions, warranties or representations associated such relationships. You agree not to pursue any advertising relationships with Kizash advertisers for any Content you submit to the Kizash network without the expressed written consent of Kizash. You also agree not to hold Kizash liable for any suspension, termination or other change in the various advertising relationships associated with the Kizash network.

IMPORTANT - PLEASE READ

Any artificial means used or incentivising of visitors used to send traffic to the Kizash website or to click on any advertisers links will be considered invalid and fraudulant. This includes, but is not limited to: the use of software or 'bots' to artificially generate clicks or redirects, the use of scripting code (java, javascript, cgis, etc) to force or redirect visitors to the Kizash site or links, paying visitors or inciting visitors to visit links (IE: "Visit these links so I make money!"), the use of frames or non-Kizash generated PopUps. Any Kizash member or affiliate found delivering fraudulant traffic will be terminated immediately and will forfeit all funds generated. If funds based on invalid traffic have already been paid, Kizash member or affiliate will be required to return funds. Kizash will use legal means to prosecute fraudulant affiliates or Kizash members.

KIZASH'S PROPRIETARY RIGHTS

You agree that Kizash has created proprietary methods and tools as part of its Service and you therefore agree not to copy in whole or in part any part of the Service.

Kizash grants you a personal, non-transferable and non-exclusive right and license to use its Service on a single personal computer providing you do not try to reverse engineer or otherwise use its Service or software to create a derivative work.

DISCLAIMER & LIMITATION OF LIABILITY

All KIZASH Web Sites and the material and Content provided therein or made available through KIZASH Web Sites, is provided "as is" without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or freedom from intellectual property infringement. Nor does KIZASH warrant that the material and Content contained in or made available through any KIZASH Web Site or linked Web Site is accurate, complete or timely. Users of any KIZASH Web Site or linked Web Sites or any material or Content, product or service, advertisement or promotion, contained therein, agree to assume any and all risks in doing so. KIZASH does not warrant that any of its Web Sites or linked Web Sites will be free of viruses, defects or other harmful components, or that access to any of KIZASH's Web Sites or linked Web Sites will be uninterrupted, nor does KIZASH warrant the functionality of its Web Sites or any linked Web Sites. Users choosing to download and/or use files from the Internet, fully assume the risk of any resulting loss or damage. Specifically, users of any KIZASH Web Site or linked Web Site assume full responsibility for the risk and use thereof and assume any and all costs associated therewith, including but not limited to the costs associated with service, repair or correction of any software or hardware problems users may incur while using or accessing any KIZASH Web Site or linked Web Site.

All users of any KIZASH Web Site or linked Web Site agree to hold KIZASH harmless and that they shall have no claim against KIZASH for any damages allegedly arising from or in connection with the use or access of any KIZASH Web Site or linked Web Site, including but not limited to any special, consequential, incidental, punitive, indirect or any other damages. Such damages include but are not limited to damages resulting from loss of use, loss of information, business interruption and/or loss of profits, resulting from the use or access of or the inability to use or access any KIZASH Web Sites or linked Web Sites or the material or Content contained therein, or from the purchase of or inability to purchase, any of the products or services appearing on or offered through any KIZASH Web Site or appearing on or offered through any linked Web Site, however caused and whether or not KIZASH has been advised of the possibility of such damages. In no event shall KIZASH have any liability to the user of any of KIZASH's Web Sites or linked Web Sites or any other party, for any damages, losses or causes of action, for any reason or under any circumstance, for using or accessing any KIZASH Web Sites or any linked Web Sites.

NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

TRADEMARK INFORMATION

Kizash and Intellidreams are deemed to be trademarks and service marks of Intellidreams, LLC. You agree not to use these marks in any manner without the expressed written consent of Intellidreams, LLC.

LIMITATION FOR ACTION

All claims regarding an issue relating to any information stated within the TOS must be brought within a limitation period of (1) year after the issue arises, otherwise it will be barred.

VIOLATIONS

Please report any violations of the TOS to support@kizash.com

COPYRIGHTS and COPYRIGHT AGENTS

It is the policy of Kizash to respond quickly to claims of intellectual property infringement. Kizash will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notice regarding any violation of the DMCA, Kizash will immediately remove the Content in question from the network pending completion of its investigation. Users who repeatedly infringe copyright or intellectual property will have their accounts cancelled. Please contact copyright@kizash.com with any claims.

GENERAL

The terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of laws provisions. By using any KIZASH Web Site, users represent that they agree that any action arising out of or relating to these terms shall be filed in New York County, New York, and users consent and submit to the personal jurisdiction of the courts therein. If any provision contained within these terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall in no way affect the validity and enforceability of any other provisions contained herein. All rights not expressly granted to the user in these terms and conditions of use remain exclusively with KIZASH and are hereby reserved to KIZASH. These terms and conditions of use represent the whole of the agreement between the user and KIZASH in connection with use of any KIZASH Web Site or linked Web Site or the material and Content contained therein.