Kizzang® Terms of Service
As of September 19, 2016
We may change these Terms of Service from time to time. The most recent version of the Terms of Service will always be posted on any available Kizzang® Platform with the “As of” date posted at the top of the Terms of Service. If we make any material changes to our Terms of Service, you will know because the “As of” date of the Terms of Service will change. By accessing the Kizzang® Platform after the “As of” date, you are deemed to consent to our then-current Terms of Service.
Eligibility Requirements; Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age and are a legal United States resident residing in the fifty (50) United States or District of Columbia. You must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In the event that you are less than the age of majority in your state of primary residence (nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) you must have a parent/legal guardian’s permission to participate. Your access to the Kizzang® Platform may be terminated, without warning, if we believe that you are less than 18 years of age, not a legal U.S. resident residing in the fifty (50) United States or District of Columbia, or that any information provided with your registration is purposefully incorrect or inaccurate. Employees, former employees, investors, officers and directors of Kizzang® and each of their immediate family members are not eligible to participate in the Opportunities or win any prize via the Kizzang® Platform. “Immediate family members” shall mean parents, stepparents, legal guardians, children, stepchildren, siblings, stepsiblings, and partners or spouses.
The Kizzang® Platform is void where prohibited by law. Access to and use of the Kizzang® Platform is limited to persons in the fifty (50) United States or District of Columbia.
If a Guest is determined a potential prize winner in any Opportunity, he/she will not be able to claim the prize until he/she creates a Member Account. Any Member who receives a prize must provide a photo of him/herself to Kizzang® for Kizzang® to use for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation, unless prohibited by law.
*All cash prizes under $25,000 will be paid via Paypal.com. Members must have their own individual PayPal account in order to receive cash prizes from Kizzang®. It is each Member’s responsibility to provide the email address that is associated with that Member’s PayPal account during Member registration. If the email address provided by a Member is not associated with that Member’s valid personal PayPal account, PayPal classifies such funds as unclaimed funds. All unclaimed funds in PayPal will be forfeited immediately. Kizzang® will not pay cash prizes to a PayPal account that is associated with a business or shared with another individual. PayPal is subject to separate terms and conditions. Visit Paypal.com for more information and to set-up an account which is required for claiming cash prizes. Kizzang® is not responsible should PayPal become unavailable for any reason. Should PayPal become unavailable for an extended period of time, Kizzang® will select an alternate means for delivering cash prizes and shall alert all Members of same.
If a Member’s information changes, it is the Member’s responsibility to notify Kizzang® of same by sending an email to email@example.com. A request to make a change to a Member’s personal information associated with his/her Member Account may not be made between the time a Member is informed that he/she has won a prize and the time the prize is awarded. If any personal information associated with a Member Account is incorrect such that our verification process is unsuccessful or a prize cannot be awarded, the Member will forfeit that prize and may request after forfeiture that his/her personal information is updated. Members are only allowed to obtain and/or use a single active Member Account. MEMBERS MAY NOT USE FALSE AND/OR MISLEADING INFORMATION WHEN CREATING AND USING THEIR MEMBER ACCOUNT. If, at any time, Kizzang® discovers that a Member purposefully provided incorrect information during registration in an attempt to defraud or circumvent the eligibility requirements, such Member’s Member Account will be immediately terminated. Limit one (1) active Member Account per person. Member Accounts cannot be shared amongst individuals. Any duplicate or multi-person Member Accounts are subject to cancellation.
You are responsible for ensuring the confidentiality of your user name and password, and you agree not to transfer or resell your use of or access to the Kizzang® Platform to any third party. If you have reason to believe that your Member Account is no longer secure, you must promptly contact Kizzang® at firstname.lastname@example.org. Members are solely responsible for keeping their user name and password confidential for any and all activities, whether by you or anyone else, which are conducted through your Member Account.
Members agree not to engage in unsportsmanlike conduct or otherwise abuse the Kizzang® Platform or activities available thereon by conduct that is or may be detrimental to the interests of Kizzang® or other Members. This includes the use or distribution of any auto play or cheat utility software program or application. Any Member suspected of engaging in any fraudulent, abusive, manipulative or illegal activity or by participating in, or benefiting from, an auto play or cheat utility software program, syndicate or group may have their Member Account terminated at Kizzang’s sole and absolute discretion, and the Member may be referred to appropriate law enforcement agencies. Kizzang® reserves the right, but not the obligation, to monitor your access to and use of the Kizzang® Platform.
When you register for a Member Account, you agree (i) to provide and keep correct and complete information (“Account Data“) where required (ii) to keep such Account Data current while you are a Member and (iii) not to assign your Member Account, or rights associated with your Member Account, to another person or entity. Kizzang®, in its sole discretion, shall determine what means of identification shall be appropriate for your use of the Kizzang® Platform.
At our sole discretion, we may terminate or suspend any Member Account for any or no reason. Kizzang® may, at its sole discretion, reset all Member Accounts that have not been active for four (4) months or more, meaning that any Chedda™ Coin balance on the Member Account will be reset to 0. If your Member Account is terminated it will result in cancellation of all rights of access to and use of the Kizzang® Platform. In the case of suspected fraud, misuse, or violation of these Terms of Service, or the purpose of these Terms of Service, Kizzang® will be the sole arbiter of whether any fraud, misuse or violation occurred. Any decision Kizzang® makes relating to termination or suspension of any Member Account shall be binding and irrevocable.
Interruption, Discontinuation or Limitations of the Kizzang® Platform
Kizzang® reserves the right at any time to interrupt, modify, suspend, discontinue or permanently cancel the Kizzang® Platform, or portions thereof, without notice to you.
Intellectual Property Rights
The content on the Kizzang® Platform, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to Kizzang® and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Kizzang® Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner. Kizzang® reserves all rights not expressly granted in and to the Kizzang® Platform and Content. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Kizzang® Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Kizzang® Platform or the Content therein.
You are solely responsible for all content of any type, including but not limited to text, music, and/or photographs (collectively “Content“) that you upload, post, email, transmit or otherwise make available on the Kizzang® Platform. We will not be liable for any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available in any manner through the Kizzang® Platform. You agree that you, and any Content that you submit, will not: a) contain libelous or otherwise unlawful, obscene, or abusive material; b) impersonate any person or entity, including, but not limited to, a Kizzang® official, or other Member, or falsely state or otherwise misrepresent our affiliation with a person or entity; c) contain any Content that infringes any patent, trademark, trade secret, copyright or other personal or proprietary rights of any party; d) contain any material 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; e) disrupt the normal flow of dialogue; f) interfere with or disrupt the Kizzang® Platform or any servers or networks connected to the Kizzang® Platform, “stalk” or otherwise harass another person or entity; or g) collect or store personal data about other Members. In addition, you acknowledge that Kizzang® has the right, in its sole discretion to refuse or move any Content that is available via the Kizzang® Platform. Without limiting the foregoing, Kizzang® shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. By sharing any Content via the Kizzang® Platform, in addition to any other grants or licenses in these Terms of Service or any other documents that govern the Kizzang® Platform or any Opportunities available through the Kizzang® Platform, you grant to Kizzang® a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in your Content, in any media now existing or later invented without additional compensation unless prohibited by law.
By accessing and using the Kizzang® Platform, you consent to receive communications from Kizzang® electronically via email or by posting notices on the Kizzang® Platform and should you choose to opt-out from receiving such communications at any time, you understand that your Member Account will be closed. You agree that all agreements, notices, disclosures and other communications that Kizzang® sends to you electronically satisfy any legal requirement that such communications be in writing.
You are solely responsible for your interactions with other Members on the Kizzang® Platform. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
Links, Products and Services
There may be links provided on the Kizzang® Platform to other websites belonging to our advertisers, business partners, affiliates and other third parties. Third parties, in some cases, may also link to the Kizzang® Platform. Such links do not constitute an endorsement by Kizzang® of those websites, nor the products or services made available on those websites. Kizzang® is not responsible for the activities or policies of those websites. You acknowledge and agree that Kizzang® shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such advertisers, business partners, affiliates and other third parties or for any content or information presented in connection with any products or services of advertisers, business partners, affiliates and/or other third parties.
Disclaimer of Warranties; Limitations of Liability
YOUR USE OF THE KIZZANG® PLATFORM AND PARTICIPATION IN ANY ACTIVITIES AVAILABLE THEREON, IS SOLELY AT YOUR OWN RISK. THE KIZZANG® PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND BY KIZZANG® OR ITS AFFILIATES, AS APPLICABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, KIZZANG® AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE KIZZANG® PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. KIZZANG® AND/OR ITS AFFILIATES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE KIZZANG® PLATFORM WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU AGREE THAT YOU WILL NOT HOLD KIZZANG® AND/OR ITS AFFILIATES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING OR USING THE KIZZANG® PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS SAME. YOU AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO KIZZANG® AND/OR ITS AFFILIATES, AS APPLICABLE. WITHOUT LIMITING THE FOREGOING, KIZZANG® DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, OR QUALITY OF THE KIZZANG® PLATFORM OR INFORMATION TRANSMITTED VIA THE KIZZANG® PLATFORM, NOR THE SAFETY, SECURITY, RELIABILITY, TITLE, TIMELINESS, MERCHANTABILITY, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THE KIZZANG® PLATFORM, OR INFORMATION TRANSMITTED VIA THE KIZZANG® PLATFORM. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, COMPLETENESS, SAFETY, SECURITY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE KIZZANG® PLATFORM. WITHOUT LIMITING THE FOREGOING, KIZZANG® MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE KIZZANG® PLATFORM IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KIZZANG® PLATFORM IS AT YOUR SOLE RISK.
Without limiting the foregoing, Kizzang® is not responsible for any damage to any Member’s equipment, computer, software, phone or wireless device due to accessing the Kizzang® Platform or downloading of any software or information necessary to use the Kizzang® Platform. There is no stated or assumed guaranteed service level for the Kizzang® Platform may be interrupted and may not always be free of errors. Under no circumstances will Kizzang® be responsible for errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions in connection with the Kizzang® Platform.
Some state laws do not allow limitations on certain warranties or damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Governing Law, Venue and Jurisdiction; Arbitration
- Members may only use those portions of the Kizzang® Platform made available to Members. Members are forbidden to access or attempt to access other Member Accounts or to otherwise attempt to violate the security or systems of the Kizzang® Platform.
- Kizzang® will not be responsible for any losses or damages incurred due to unauthorized appropriation of information, encrypted or otherwise, transmitted to or from the Kizzang® Platform.
Kizzang® shall have no obligation of any kind with respect to such questions, comments, concerns or feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the questions, comments, concerns or feedback to others without limitation. Further, Kizzang® shall be free to use any ideas, concepts, know-how or techniques contained in such questions, comments, concerns or feedback for any purpose whatsoever, including but not limited to developing and marketing the Kizzang® Platform incorporating such questions, comments, concerns or feedback.
THE KIZZANG® PLATFORM IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH APPLE INC., FACEBOOK, GOOGLE, OR PAYPAL AND THESE COMPANIES ARE COMPLETELY RELEASED OF ALL LIABILITY BY EACH MEMBER. BY USING THE KIZZANG® PLATFORM, YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO KIZZANG® AND NOT TO APPLE INC., FACEBOOK, GOOGLE, OR PAYPAL.
© 2016 Kizzang®