Acceptance of Terms
Kazlen provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as “the Service”) subject to the following Terms of Use (“Terms”), which may be updated by Kazlen from time to time without notice to you. You can review the most current version of the Terms at Kazlen. By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Kazlen services, you shall be subject to any posted guidelines applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
Content
You understand that all postings, messages, text, files, images, photos, videos, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email, or otherwise make available via the Service. You understand that Kazlen does not control, and is not responsible for Content made available through the Service and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Kazlen be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.
You acknowledge that Kazlen does not pre-screen or approve Content, but that Kazlen shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
You acknowledge and agree that Kazlen may, in its sole discretion, preserve or disclose Content, as well as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Kazlen, its users or the general public.
Although Kazlen does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Kazlen an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicensee of the foregoing. Additionally, you will defend and indemnify Kazlen from any third-party claim related to a breach of any of the foregoing representations and warranties.
The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, under copyright laws, and international conventions. You agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any copyright notices displayed on the Service.
Conduct
You agree not to post, email, or otherwise make available Content:
That is pornographic, adult, or mature.
That refers to gambling or casino-related.
That includes illicit drugs or drug paraphernalia.
That includes hacking/cracking information.
Sales of prescription drugs.
Violent content.
Excessive profanity.
Content regarding programs that compensate users for clicking ads or offers, performing searches, surfing websites, or reading emails.
Any other illegal content promotes illegal activity or infringes on the legal rights of others.
Sales of products that are replicas or imitations of designers or other goods.
Sales or distribution of coursework or student essays.
Sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, stun guns).
That is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harms minors in any way.
That harasses, degrades, intimidates, or is hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
That impersonates any person or entity, including, but not limited to, a Kazlen employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
That includes personal or identifying information about another person without that person’s explicit consent.
That employs misleading email addresses, forged headers, or otherwise manipulated identifiers to disguise the origin of Content transmitted through the Service.
That infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or Content that you do not have a right to make available under any law or contractual or fiduciary relationships.
That constitutes or contains unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
That includes links to commercial services or websites, except as allowed in “Services Offered”.
That advertises for sale weapons or explosives; controlled substances (including but not limited to) tobacco products, alcoholic beverages, pharmaceuticals, illegal drugs; stolen or counterfeit items; goods or services that do not exist; items that violate or infringe the rights of others; any items you do not have the right to sell; any dangerous items.
That contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment.
That disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted.
“stalk” or otherwise harass anyone who collects personal data about other users for commercial or unlawful purposes.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org).
Limitations on service
You acknowledge that Kazlen may establish limits concerning the use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Kazlen has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Kazlen reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that Kazlen shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Termination of service
You agree that Kazlen, in its sole discretion, may delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Kazlen believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Kazlen shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Kazlen shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
You agree not to use Western Union or MoneyGram to send or receive payment for any goods or services.
Proprietary Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, under copyright laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Kazlen. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Kazlen, and agree to abide by any copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Service. Although Kazlen does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Kazlen an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Kazlen all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
Disclaimer of Warranties / Limitation of Liability
You understand and agree that:
Kazlen disclaims all warranties of any kind, whether express or implied.
The Service is provided on an “as is” and “as available” basis, and you should not rely upon it.
Your use of the Service is at your sole risk, and Kazlen shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (even if Kazlen has been advised of the possibility of such damages), resulting from any aspect of your use of or interaction with the Service.
Any warranty not outlined in this Terms document, including any set forth by Kazlen employees, will be invalid.
If any of the above provisions are void under governing law, our liability shall be limited to the extent permitted by law.
Indemnity
You agree to indemnify and hold Kazlen, its officers, and its employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Content you submit, post, or make available through the Service, your use of the Service, your violation of the Terms, or your violation of any rights of another.
Links
Kazlen may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Kazlen has no control over such sites and resources, you acknowledge and agree that Kazlen is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Kazlen shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods, or services available on or through any such site or resource.
General information
The Terms constitute the entire agreement between you and Kazlen and govern your use of the Service, superseding any prior agreements between you and Kazlen. The Terms and the relationship between you and Kazlen shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Kazlen agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Kazlen to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violations of Terms
Please report any violations of the Terms, by emailing [email protected]