About Kwanzoo / Terms of service
PLEASE READ THE FOLLOWING TERMS OF SERVICE (the "TERMS") CAREFULLY BEFORE USING ANY KWANZOO SERVICE. THE USE OF ANY KWANZOO SERVICES WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE KWANZOO SERVICES.
Kwanzoo Services are made available to you subject to the following terms and conditions. We may also offer other services under different terms and conditions.
We provide a SaaS software platform and an array of services for multichannel demand generation, lead nurturing, and cross-channel demand optimization, with integration into third party marketing applications and systems ("Service" and "Services").
We may offer certain Services as closed or open beta services ("Beta Service" or "Beta Services") or a limited time Free Trial service ("Free Trial Service") for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time and usage limits for testing and evaluation of Beta Services or Free Trial Service. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services, or continue to offer the Free Trial Service. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service or Free Trial Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services or Free Trial Service with or without notice to you. You agree that Kwanzoo will 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 or Free Trial Service for any reason.
We may modify the Terms upon thirty (30) days written notice to you at any time. These modifications may include, without limitation, payment for the Services. You will be provided notice of any such modification by electronic mail and by publishing the changes on the website http://www.kwanzoo.com/terms-of-service. You will be provided the option to terminate your use of the Services within sixty (60) days of receipt of notice of modification of the Terms, if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service more than sixty (60) days 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 Kwanzoo has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Kwanzoo may terminate your Account and refuse current or future use of any or all of the Services.
The Service may include certain communications from Kwanzoo, 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 newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Subscriptions to paid Services are available on yearly subscription plans. Your yearly subscription plans will be automatically renewed at the end of each subscription period, unless you inform us that you do not wish to renew the subscription, no later than 30 days prior to the end of your subscription term. You understand and agree that immediately upon termination of your subscription, all currently active campaigns may be deactivated at the sole discretion of Kwanzoo. The subscription fee will be invoiced quarterly in advance, as stated in Exhibit A, or charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card or payment method , you agree to inform us at least seven days prior to the renewal date. Kwanzoo reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan. Information on the subscription options and charges for all paid Services is available by writing to us at email@example.com.
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, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
We reserve the right to terminate unpaid accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such account will be deleted. We will provide you prior notice of such termination and backup of your data upon written request within 60 days of notice. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your account in another Service active.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Kwanzoo the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your Account for Kwanzoo's commercial, marketing or any similar purpose. But you grant Kwanzoo permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your account solely as reasonably required for the purpose of providing the Services to you.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such
content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and
may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly
available. 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 permission, as the case may be from every person who may claim any rights in such
content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly
agree that Kwanzoo will have the right to block access to or remove such content made available by you, if Kwanzoo receives complaints
concerning any illegality or infringement of third party rights in such content. By using 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 Kwanzoo 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 Kwanzoo, you may do so in the manner provided here.
Kwanzoo may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Kwanzoo makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Kwanzoo, Kwanzoo logo, the names of individual Kwanzoo Services and their logos are trademarks of KWANZOO Inc. You agree not to display or use, in any manner, the Kwanzoo trademarks, without Kwanzoo's prior permission. You logos, names and other trademarks are the sole property of you. Kwanzoo agrees not to display or use, in any manner, your trademarks, without your prior permission. Kwanzoo shall not have, or by virtue of these Terms gain any right, title or interest in or to any CUSTOMER materials, software, products, or software code (including all derivatives thereof) used to provide or promote the Services, or to any patents, copyrights, trade secrets or other proprietary or intellectual property of CUSTOMER.
You and Kwanzoo warrant and represent that they have the full right and authority to enter into this Agreement and that, by entering into this
agreement and providing and/or using the services, they are not violating any i) rights, including but not limited to
patent, copyright and trademark, of any third parties, ii) agreements with third parties, or iii) federal, state or local
laws (including applicable privacy legislation).
EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH HEREIN, 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. EXCEPT AS EXPRESSLY SET FORTH HEREIN, KWANZOO 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. KWANZOO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM KWANZOO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
THE PARTIES AGREE THAT, EXCEPT FOR THEIR INDEMNIFICATION OBLIGATIONS SET FORTH BELOW, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY THIS AGREEMENT, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT FOR THEIR INDEMNIFICATION OBLIGATIONS SET FORTH BELOW, EACH PARTY'S ENTIRE LIABILITY TO THE OTHER ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO KWANZOO HEREUNDER.
Each party agrees to indemnify, defend and hold harmless the other party and its parents, subsidiaries, officers, directors, employees, suppliers, affiliates, successors and assigns from and against any third-party losses, damages, fines and expenses (including reasonable attorney's fees and costs) arising out of or relating to any claims that the indemnifying party as breached its obligations hereunder.
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, either party may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Upon prior written notice to you, we may suspend your Kwanzoo Account or temporarily disable access to whole or part of any Service in the event of any suspected, in Kwanzoo's reasonable judgement, illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of Kwanzoo Accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled Kwanzoo Account after thirty days. We will also terminate your Kwanzoo Account upon your request, when you provide written notice to us, no later than 30 days prior to the end of your subscription term. In addition, we reserve the right to terminate your Kwanzoo Account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of Kwanzoo Account will include denial of access to all Services, deletion of your Account information such as your e-mail ID and Password and deletion of all data in your Kwanzoo Account.