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© 2019 Kedazzle Inc . All rights reserved

Terms & Conditions

EFFECTIVE DATE: August, 2019

Agreement between End Users and KeDazzle

Welcome to KeDazzle, the website and online app service of KeDazzle, Inc. (“KeDazzle”, “we”, or “us”). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively the "Service").

This Agreement applies to all visitors, end users, and others who access the Service, including Service Providers (each a "User").

The Terms of Use ("Terms") govern your use of the KeDazzle website and services ("Site") provided by KeDazzle, Inc. ("KeDazzle"). Please read these Terms before using or continuing to use the Site. Do not agree to the Terms unless you both fully understand and accept each one. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in this document.

Services Rules

KeDazzle provides this website to you, the "End User", and to any other entity on whose behalf you accept these Terms (collectively "you"). These Terms are entered into by and between KeDazzle and you, and you accept them by: (a) transacting activities through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, please do not use the Site.

Your Obligations and Conduct

In consideration of your use of the Site, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by a registration form on the website ("Registration Data"); (b) maintain the security of your password and identification; (c) restrict access to the user's computer; (d) maintain and promptly update the Registration Data and any information you provide to KeDazzle, to keep it accurate, current and complete; (e) accept all risks of unauthorized access to information and Registration Data; and (f) avoid using the Site if you are under the age of 13. If you are under the age of 13, you are not allowed to register on the Site and you must ask a parent or guardian to register on your behalf. You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site ("Content"). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to KeDazzle or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) 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. KeDazzle reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.

You understand that the Site is available for your personal, non-commercial use only. You agree that no materials of any kind submitted through your membership account or otherwise will violate or infringe upon the rights of any third party, including copyright, trademark, publicity, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material and you (and not KeDazzle) shall be solely responsible for all materials submitted to the Site.

You further agree not to harvest or collect email addresses or other contact information of members from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Site or for any other purpose. You further agree that you may not use Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Site. In addition, you agree not to use the Site to:

  • harass or advocate harassment of any person;

  • exploit or attempt to exploit people in any sexual, violent or otherwise inappropriate manner;

  • solicit personal information from anyone under 18;

  • promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous or otherwise objectionable;

  • upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, pornographic, hateful, or racially, ethnically or otherwise objectionable;

  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

  • transmit "junk mail," "chain letters," or unsolicited instant messaging, or "spamming" in any fashion; solicit passwords or personal identifying information for commercial or unlawful purposes from users of the Site;

  • promote contests or sweepstakes that is not in conformity with all applicable laws;

  • promote pyramid or ponzi schemes.

  • upload, post, email, transmit or otherwise make available any material that contains software viruses, trojan horses, 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;

  • use or attempt to use another's account, service or system without authorization from Site, or create a false identity on the Site; or

  • commit or cause the commitment of any "click-fraud" or other act, such as using spiders, robots, web scrapers, screen scrapers, internet macros or other automated software programs, that intentionally misrepresents advertising or voting metrics on the Site.

Communications from KeDazzle and other Users

By creating an account, you agree to receive certain communications in connection with the Site. You will receive our periodic e-mail newsletter about classes and camps in your neighborhood. You can opt-out of non-essential communications from a link at the bottom of the email.

Third Party Accounts

You will be able to connect your KeDazzle account to third party accounts. By connecting your KeDazzle account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

Content Submitted to the Site

The information, opinions, advice, statements, offers, and other content made available through the Service, but not directly by us, are those of their respective authors. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears through the Service. The information available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with the Service, or any information therein, relating to the quality, suitability, truth, accuracy or completeness of any information contained in the Service. Under no circumstances will we be responsible for any loss or damage resulting from: a) your reliance on information or other content posted or transmitted to or by any user of the Service; or b) reviews or comments made about you on the Service by other users. If you question, doubt or dispute any information or would like to notify us of any suspected or known inaccurate, false or misleading information posted through the Site, you can contact us at support@KeDazzle.com

 

We do not take part in the interaction between End Users and camp/class Providers except to take your registration information and, where applicable, send payments to the Providers. You understand and agree that we do not have control over the quality, timing, legality, appropriateness or any other aspect whatsoever of the services offered or actually delivered by the Providers, nor of the integrity, responsibility or any of the actions of the Providers. We make no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Providers and we expressly disclaim any liability that may result from the provision or use of this information. We are not an agent or broker for Providers, and we have no control over the conduct of Providers or their staffs.

 

Mobile Software

We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. ActivityHero does not warrant that the Mobile Software will be compatible with your mobile device. ActivityHero hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one ActivityHero account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third-party or use the Mobile Software to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that ActivityHero may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement (and, if you are a Service Provider, the Service Provider Agreement) will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and ActivityHero or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. ActivityHero reserves all rights not expressly granted under this Agreement (or, if you are a Service Provider, the Service Provider Agreement). If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement (and, if you are a Service Provider, the Service Provider Agreement) and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the ActivityHero Service.

 

Payments and Refunds

When you make a reservation and/or enroll with a Provider through the Service, you are agreeing to be bound by and to pay for that transaction. You are obligated to pay for the camp or class you register or enroll in. You authorize us to charge the full amount to your chosen payment provider for the transaction. We reserve the right to correct any errors or mistakes that we make even if we have already requested or received payment.

The ability of a user to cancel registrations and obtain refunds or credits, if any, is determined by the policy established by each individual Activity Provider. Contact the Activity Provider to discuss matters relating to cancellations, refunds or credits. Fees charged by KeDazzle are non-refundable. All camp/class Providers reserve the right to modify class schedules at any time, or cancel listings if enrollment is not sufficient in their opinion. Refunds or credits, if any, in the event of a class cancellation by a Provider are determined by the policy established by that individual Provider.

KeDazzle may use third party payment processing services to process credit card information. While KeDazzle will use commercially reasonable efforts to protect the privacy of all personal and financial information, KeDazzle expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to KeDazzle's use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about KeDazzle's use of payment processing services, please contact KeDazzle by email at support@KeDazzle.com.

Indemnity

You agree to indemnify and hold KeDazzle and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of or connection to the Site (including any use by you on behalf of another party), your violation of the Terms, or your violation of any rights of another.

General Terms

The Terms constitute the entire agreement between you and KeDazzle relating to their subject matter, and cancel and supersede any prior versions of the Terms. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use KeDazzle or third-party products or services.

You agree that any material breach of the Terms will result in irreparable harm to KeDazzle for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, KeDazzle will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if KeDazzle seeks such an injunction.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

Third Party Verification Services

KeDazzle may make available one or more third party verification services that enable users of the Site to inquire about information including, but not limited to, another user’s identity and criminal history. Use of a third party verification service is voluntary for both the party requesting the verification and the party undergoing the verification. You agree that KeDazzle shall not be held responsible or liable in any way for any information provided by a third party verification service. When a third party verification service is used, you warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681.

 

Advertisements and Promotions

KeDazzle may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than KeDazzle found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. KeDazzle is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-KeDazzle advertisers on the Site.

 

Content Provided Via Links

You may find links to other websites or resources on the Site. You acknowledge and agree that KeDazzle 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. KeDazzle will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Intellectual Property Rights

Except as expressly authorized by KeDazzle or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software KeDazzle discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

"KeDazzle Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations KeDazzle uses in connection with its products and services. You may not remove or alter any KeDazzle Trademarks, or co-brand your own products or material with KeDazzle Trademarks, without KeDazzle's prior written consent. You acknowledge KeDazzle's rights in KeDazzle Trademarks and agree that any use of KeDazzle Trademarks by you shall inure to KeDazzle's sole benefit. You agree not to incorporate any KeDazzle Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by KeDazzle on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.

 

Disclaimer of Warranties

Your use of the Site is at your sole risk unless otherwise explicitly stated. The Site, including the information, services, and Content, is provided on an "as is", "as available", and "with all faults" basis. KeDazzle disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. KeDazzle makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Site.

KeDazzle makes no warranty or representations that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, Content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the Site will be corrected.

You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from the Site, including any damages resulting from computer viruses.

Limitation of Liability

To the full extent permitted by law, KeDazzle is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if KeDazzle has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Site; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the Site; (c) statements or conduct of any third party on the Site, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) Content or information you my download, use, modify, or distribute.

Notices; Modification and Termination of Services; Amendment of Terms

KeDazzle may provide notice to you via email, regular mail, or posting notices or links to notices on the Site. KeDazzle reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or your use of or access to them, with or without notice. KeDazzle may also delete, or bar access to or use of, all related information and files. KeDazzle will not be liable to you or any third-party for any modification, suspension, or termination of the services, or loss of related information. KeDazzle may amend these Terms at any time by posting the amended terms on this Site.

Miscellaneous

To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, this document shall take precedence. KeDazzle’s failure to enforce any provision of these Terms shall not be deemed as either a waiver of such provision or as a waiver of the right to enforce such provision.

Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.