This is under the the Kazzam Platform
EFFECTIVE AUGUST 24, 2018
These terms of service constitute a legally binding agreement (the “Agreement”) governing your use of the Kazzam party planning application, website and technology platform (together, the “Kazzam Platform”) and is between you and KAZZAM, LLC and its parents, subsidiaries, members, representatives, affiliates, officers and directors (“Kazzam”). PLEASE READ CAREFULLY THIS AGREEMENT AND OUR PRIVACY POLICY (https://www.kazzam.com/privacy-policy) WHICH IS INCORPORATED BY REFERENCE INTO THIS AGREEMENT.
NOTE THAT THIS AGREEMENT REQUIRES THAT YOU RESOLVE ANY CLAIMS YOU HAVE AGAINST KAZZAM IN BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, REPRESENTATIVE ACTION OR PROCEEDING AGAINST KAZZAM. THE AGREEMENT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST KAZZAM BY SOMEONE ELSE.
By using the Kazzam Platform, you are accepting and agreeing to all of the terms and conditions in this Agreement and EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT OR THE PRIVACY POLICY, YOU MAY NOT USE OR ACCESS ANY PORTION OF THE KAZZAM PLATFORM.
1. The KAZZAM Platform – Connecting Consumers with Party Service Providers
The Kazzam Platform helps a person planning a party (“Consumer” or “You”) to arrange, schedule and purchase party services and related goods from people or businesses supplying those services (“Party Service Provider”, together with a Consumer, a “User”). A Consumer must have an account to fully utilize the Kazzam Platform. A decision by a Consumer to use party services from Party Service Providers is determined by the Consumer in his or her sole discretion. Kazzam assists only in proposing potential types of party packages that may interest you based on information provided by you about your party needs. Assuming you like the proposed package and order it, Kazzam returns a set of Party Service Providers consistent with your order. If you like the Party Service Providers presented and the description of services offered (including the duration of the service and any other material terms, each a “Listing”), then you do not have to do anything and your purchase is complete. If you do not like the Party Service Providers, you can call 1-833-KAZZAM1 (1-833-529-9261) or email us with any changes or substitutions that you would like made to the order and we will attempt to make the appropriate changes or refund your money.
Following the party, Kazzam facilitate payments from the Kazzam Platform to the Party Service Providers. You are contracting with Party Service Providers for party services directly with one another through the Kazzam Platform. We refer to that agreement as the “Service Terms”. You agree that Kazzam is not a party to the Service Terms. Kazzam does not provide any party services and is not a party to any contracts between you and the Party Service Providers for party services.
Under no circumstances will the Service Terms create a relationship for party services between Kazzam and the Consumer.
Section 3 of this Agreement and any other contractual terms provided through the Kazzam Platform to the Consumer by the Party Service Provider, to the extent those terms do not conflict with the terms in this Agreement, govern the services of the Party Service Providers to you. However, such Terms of Service cannot expand Kazzam’s obligations or restrict Kazzam’s rights under this Agreement or vary any payment or cancellation terms contained in this Agreement.
THE PARTY SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OF KAZZAM. KAZZAM DOES NOT PROVIDE THE PARTY SERVICES AND DOES NOT EMPLOY THE INDIVIDUALS PERFORMING THE PARTY SERVICES. YOU ACKNOWLEDGE THAT KAZZAM DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR THE PARTY SERVICES AND IS NOT RESPONSIBLE IN ANY MANNER FOR THE PARTY SERVICES PROVIDED BY THE PARTY SERVICE PROVIDERS. WE MAKE NO REPRESENTATION REGARDING THE PARTY SERVICES BEING PROVIDED BY A PARTY SERVICE PROVIDER.
We are compensated by commissions that the Party Service Providers have agreed to pay us for bookings through the Kazzam Platform. Even if the Party Service Providers that you accept for your party cost more than the amount we set as the price of the package that you selected, you will not be charged the difference and instead will receive a discount equal to that difference (i.e. the package price and the actual price the Party Service Providers charge). To the extent Party Service Providers that you accept for your party cost less than the amount we set as the price of the package that you selected, we may, in our discretion, either keep that difference as a buyer commission, or return that amount to you.
Entertainment booked through the Kazzam Platform for a commercial event (i.e. you are going to charge admission to an event) requires disclosure of the commercial nature of the event to Kazzam. Party Service Providers may provide different pricing for commercial events requiring us to adjust a package price. A money back guarantee is not available for events of a commercial nature. All such bookings are otherwise subject to the terms of this Agreement.
2. Modification to Agreement
We reserve the right to change this Agreement at any time. Such changes will be effective when posted. We may only amend the alternative dispute resolution, venue and time limit of claims provisions to the extent allowed by applicable law. By continuing to use the Kazzam Platform after we post any such changes, you accept the Agreement as modified. Kazzam also reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting.
3. Eligibility/User Representation and Warranties/Service Terms for Services Provided by Party Service Provider
The Kazzam Platform may only be used by individuals who can form legally binding contracts under applicable law. The Kazzam Platform is not available to children (persons under the age of 18) or Users who have had their User accounts temporarily or permanently suspended or deactivated. By using the Kazzam Platform, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You are responsible for all information and bookings made through your account, so you should not allow access to your account to any person who does not have your authorization to legally obligate you to comply with this Agreement. If you are entering into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. You represent and warrant that you have read, understand and are required to agree to and be bound by this Agreement and the Privacy Policy in order to access and use the Kazzam Platform.
You hereby warrant and represent that you will respect the privacy, property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any service or any interaction by or with any User and/or Kazzam in connection with your use of the Kazzam Platform or Kazzam’s services without the prior written consent of any relevant User and/or Kazzam.
You further represent and warrant that you will fulfill the commitments to other Users including paying/receiving payment through the Kazzam Platform, communicating clearly and promptly through the Kazzam Platform, being present and/or available at the time you agree upon with your Party Service Providers or Consumer as the case may be, and only utilizing the third party Kazzam Platform payment processing system to make or receive payment for services booked through the Kazzam Platform. Communications: We provide you, the Consumer, with two ways to communicate with the Party Service Provider. You can always call our agents at 833-KAZZAM1 and we also provide you with the Party Service Provider’s phone number so that you can communicate and/or ask and answer any questions. Cancellation/Rescheduling Policies for Consumer: The Kazzam Platform allows you to cancel without penalty 15 or more days before a booked party by calling 833-KAZZAM1. After that time, to the extent you cancel a party, cancellation fees will apply based on how close the date of the party is to the date of cancellation, unless the you and suppliers mutually agree to the cancellation by calling 833-KAZZAM1. Below is a table setting forth such cancellation fees:
| Days to Party at Time of Cancellation | % of Party Cost Charged as Cancellation Fee |
|---|---|
| 15 or more days | No cancellation fee |
| 8 to 14 days | 25% |
| 4 to 7 days | 50% |
| <4 days | 100% |
Upon cancellation by you, all other amounts will be refunded to you after deducting the applicable cancellation fee. Kazzam will retain its pro rata portion of the cancellation fee (based on the commissions offered by the Party Service Providers) and the balance of the cancellation fee will be remitted to the Party Service Providers on a pro rata basis. In the case of a cancellation by mutual consent of you and all of the Party Service Providers in your package all amounts will be refunded.
You understand and acknowledge Kazzam considers numerous factors in proposing the Party Service Providers offered for the package you choose, including, but not limited to, distance from location, consumer feedback, booking confirmation rate, commission amount, cancellation history and many other factors. Kazzam, in its sole and absolute discretion, reserves the right to add, remove or modify, without notice, the factors and weighting thereof utilized by Kazzam Platform in presenting you with Party Service Providers for your chosen package.
4. Party Service Provider Background Reviews/Exercising Care
Kazzam requires that sole proprietors who are are listed on the Kazzam Platform to supply their social security numbers to our background check service provider for identity verification and to confirm that the Party Service Providers are not on the National Sex Offender Registry. A similar check is required of the owner of a business seeking to provide services through the Kazzam Platform. For businesses with employees whose services are listed on the Kazzam Platform, depending on the type of services provided, Kazzam may require the business to have certain of its employees provide social security numbers to our background check service provider for identity verification and to confirm that the person providing certain services is not on the National Sex Offender Registry.
A PARTY SERVICE PROVIDER WITH EMPLOYEES PROVIDING SERVICES TO CONSUMERS BOOKED THROUGH THE KAZZAM PLATFORM MUST THEMSELVES PERFORM REASONABLE CHECKS ON SUCH EMPLOYEES.
Kazzam cannot assure Consumers that Party Service Providers who send employees to a party have run appropriate checks on their employees. In addition, if a Party Service Provider (or its employees) supply incorrect information, a check might be run with inaccurate identifying data, which can impact the validity of the check. In addition, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of any or all criminal offenses. Kazzam cannot confirm that each Party Service Provider is who they claim to be, and expressly disclaims the obligation to do so, and therefore, Kazzam cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Kazzam Platform. When interacting with Party Service Providers, you should exercise caution and common sense to protect your personal and family safety, your property and your party guests, just as you would when you interact with any person who you do not know who is providing services to you. NEITHER KAZZAM NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONDUCT OF PARTY SERVICE PROVIDERS, WHETHER ONLINE OR OFFLINE, OR OF ANY OTHER USER OF THE KAZZAM PLATFORM OR SERVICES OF A PARTY SERVICE PROVIDER, AND YOU AND PARTY SERVICE PROVIDERS HEREBY RELEASE KAZZAM AND ITS AFFILIATES FROM ANY LIABILITY RELATED THERETO. KAZZAM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE KAZZAM PLATFORM OR THE SERVICES OF ANY PARTY SERVICE PROVIDER.
5. License to Use the Kazzam Platform
Subject to your compliance with this Agreement, Kazzam grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to use the Kazzam Platform solely for your personal and non-commercial use (except to book a party through the Kazzam Platform) and only in connection with your access to and participation in the Kazzam Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Kazzam Platform or any content and other information or materials available on or through the Kazzam Platform, except as expressly permitted in this Agreement. The Kazzam Platform is provided to you “AS IS”. If you download or print a copy of content for personal use, you must retain all copyright and other proprietary notices. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kazzam or its licensors, except for the licenses and rights expressly granted in this Agreement.
6. Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content. You own all of the content and information you post on Kazzam. By making available any content on or through the Kazzam Platform, you hereby grant to Kazzam a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote, market or advertise the Kazzam Platform or the services, or for any other purpose in Kazzam’s sole discretion, except that private messaging through the Kazzam Platform, if permitted, will not be used by Kazzam in public advertising. The license you grant to Kazzam shall survive termination of your Agreement with Kazzam and your use of the Kazzam Platform or services from Kazzam. Kazzam does not claim ownership rights in content that you create. Nothing in this Agreement will be deemed to restrict rights that you may have to use and exploit any such content that you submit, post, upload, publish, or transmit on or through the Kazzam Platform.
You acknowledge and agree that you are solely responsible for all content that you make available on or through the Kazzam Platform. Accordingly, you represent and warrant that:
• you either are the sole and exclusive owner of all such content that you make available on or through the Kazzam Platform or you have all rights, licenses, consents and releases that are necessary to grant to Kazzam the rights in such content described above; and
• neither the content nor your posting, uploading, publication, submission or transmittal of the content or Kazzam’s use of the content (or any portion thereof) on, through or by means of the Kazzam Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• You agree that Kazzam may edit and/or withdraw your content, and you understand it remains your sole responsibility to monitor your content and ensure that such edited content is accurate and consistent with your representations and warranties in this Agreement.
• Kazzam reserves the right, at any time and without prior notice, to remove or disable access to content that we, in our sole discretion, consider to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Kazzam Platform or other Users, or for any other reason.
7. Payment Responsibilities
• Charges. As a Consumer you understand that ordering a package will result in the authorizing of a credit card charge to you for the services or goods in the package that you order, which include applicable taxes, as determined by the Party Service Provider (“Charges”).
• Payment of all Charges will be enabled by Kazzam using the payment method provided by you with your order. If your method is determined to be expired, invalid or otherwise not able to be charged, you agree that Kazzam may use a secondary payment method in your Account, if available. Otherwise, we may have to cancel your booking, if appropriate payment is not received in a timely manner. Charges paid by you are final and non-refundable, unless otherwise provided in the cancellation policy in Section 3, or in our “Money Back Guarantee” in Section 8 or otherwise determined by Kazzam.
• If you do not make a payment on time or if Kazzam cannot charge a credit card or other payment method for any reason, Kazzam reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payment.
• You explicitly agree that all communication in relation to delinquent accounts or payments due will be made by electronic mail, SMS text or by phone. Such communication may be made by Kazzam or by anyone on its behalf, including but not limited to a third-party collection agent. If you have a balance due on party services, you agree that Kazzam may charge such unpaid payments to your credit card or otherwise bill you for such unpaid payments.
• Gratuities are voluntary. You understand and agree that you are free to, but not required to, provide additional payment as a gratuity to any Party Service Provider who provides you with services or goods. Gratuities cannot currently be paid through the Kazzam Platform.
• After you have received services or goods obtained from a Party Service Provider through the Kazzam Platform, you may have the opportunity to rate your experience and leave additional feedback.
8. Make it Right – Money Back Guarantee
Kazzam values you, our Consumers, as well as our Party Service Providers. It is Kazzam policy to work to make sure that our Consumers and Party Service Providers are satisfied with their interactions with one another and with services booked through the Kazzam Platform. We understand that occasionally disputes may arise between Users. To that end, we commit to work to try to “Make it Right”, by working toward a fair resolution of any dispute between you and Party Service Provider. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute initiated by either a Party Service Provider or a Consumer cannot be resolved independently, you agree, at Kazzam’s request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Kazzam or a neutral third-party mediator or arbitrator selected by Kazzam. We believe our success is tied to all Users believing they are treated fairly by one another.
With that said, if the resolution is not satisfactory to you as a Consumer, then following a written request from you within 30 days of the event detailing the basis for your dissatisfaction with the Party Service Provider(s), we’ll refund your money (up to a total of $750) if you are not satisfied with the services of one or more Party Service Providers. We may also require a brief call with one of our senior executives to help us better improve the experience and communicate back your concerns to the Party Service Provider.
9. ARBITRATION
A. Agreement to Binding Arbitration Between You and Kazzam. You and Kazzam agree that any dispute, claim or controversy arising out of or relating to:
• the terms or the existence of this Agreement or the breach, termination, enforcement, interpretation or validity thereof, or
• your access to or use of the Kazzam Platform or any services acquired thereunder at any time, whether before or after the date you agreed to this Agreement, will be settled by binding arbitration between you and Kazzam, and not in a court of law.
You acknowledge and agree that you and Kazzam are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Kazzam otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Kazzam each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
B. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether any term of this Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
C. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The Arbitrator will be either:
• a retired judge or
• an attorney specifically licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.
If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
D. Location and Procedure. Unless you and Kazzam otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Kazzam submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
E. Arbitrator’s Decision. The Arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Kazzam will not seek, and hereby waives all rights Kazzam may have under applicable law to recover, attorneys’ fees and expenses if Kazzam prevails in arbitration.
F. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Kazzam will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
G. Survival. This Arbitration and Class Action Waiver section shall survive any termination of your use of the Platform.
10. Rules of Conduct
By using the Kazzam Platform, Consumers (and Party Service Providers) are agreeing to follow the Kazzam Platform rules including:
• If introduced through the Kazzam Platform, Users will not attempt to circumvent the Kazzam Platform to book parties outside of the Kazzam Platform (e.g., to avoid paying any Charges through the Kazzam Platform).
• Users shall not post any content or take any action on the Kazzam Platform that advertises or solicits business for products or services other than through the Kazzam Platform.
• Users will not attempt to circumvent the payment system in anyway including, but not limited to, processing payments outside of the Kazzam Platform.
• Users will not use the Kazzam Platform to offer any services or upload or post any content that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
• Users will not attempt to obtain access to areas of the Kazzam Platform that are not intended for their respective use.
• Users will not provide any information to us or post or upload any content on the Kazzam Platform that is false, inaccurate or misleading.
• Users will not post or upload any content or take any action that contains what we deem harmful, abusive, obscene, defamatory, humiliating to other people (publicly or otherwise), libelous, threatening, profane, unlawful, infringing, invasive of personal privacy or publicity rights, harassing, racially or ethnically offensive or otherwise harmful (to Kazzam or other Users of the Kazzam Platform).
• Users will not post any content or take any action that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person.
• Users will not attempt to circumvent or reverse engineer the Kazzam Platform . • Users will not impersonate any person, including, but not limited to, other Party Service Providers or our employees.
• Users will not post or upload any content or take any action that seeks to harm or exploit children by exposing them to inappropriate content, behavior, asking for personally identifiable details or otherwise.
• Users will not post or upload any content or take any action that contains or distributes any virus, malware, spyware or other harmful content or code.
• Users will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Kazzam staff, other Party Service Providers, or use information learned from the Kazzam Platform or during the performance of Services to otherwise defame, abuse, harass, stalk, threaten, intimidate or mislead, or otherwise violate the legal rights of any other User or Kazzam staff.
• Users will not post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
• Users shall not use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Kazzam Platform in any manner.
• Users shall not hack or interfere with the Kazzam Platform, its servers or any connected networks.
• Users must not use or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Kazzam.
• You must not use the Kazzam Platform in violation of this Agreement.
• Users must comply with all applicable laws and contractual obligations when you use the Kazzam Platform.
• You must not attempt to register under different names if your account has been suspended or terminated or register under multiple identities.
• Users must not cause any third party to engage in the restricted activities above.
11. Account, Password and Security
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Kazzam for accessing the Kazzam Platform. You are solely and fully responsible for all activities that occur under your password or account. Kazzam has no control over the use of any User’s account and expressly disclaims any liability derived that results from use of an account. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, please contact Kazzam immediately.
12. Mobile Phone, Text Messaging and Telephone Calls
By providing your mobile phone number to Kazzam, you agree that Kazzam may contact you by mobile phone number or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Kazzam account, for the purposes of, among other things facilitating you booking services through the Kazzam Platform, providing you with reminders regarding bookings, your account, changes and updates or service outages or alterations and for marketing purposes. These calls and texts may include, among other things, reminders about upcoming or completed parties and/or in follow up to any push notifications. Standard message charges or other charges from your wireless carrier may apply. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Kazzam at any time or by contacting care@kazzam.com. You understand that we may send you a text confirming any opt-out by you.
13. Disclaimer of Warranties
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE KAZZAM PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KAZZAM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE KAZZAM PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE KAZZAM PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE KAZZAM PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. KAZZAM DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY PARTY SERVICE PROVIDER THROUGH THE KAZZAM PLATFORM AND KAZZAM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN A CONSUMER AND A PARTY SERVICE PROVIDER, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER KAZZAM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE KAZZAM PLATFORM WILL BE UNINTERRUPTED OR THAT THE KAZZAM PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KAZZAM PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE KAZZAM PLATFORM. NEITHER KAZZAM NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER KAZZAM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE KAZZAM PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. KAZZAM AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. IN ADDITION, NOTWITHSTANDING ANY FEATURE A CONSUMER MAY USE TO SELECT A PARTY SERVICE PROVIDER, EACH CONSUMER IS RESPONSIBLE FOR DETERMINING THE SERVICES THEY WANT AND APPROVING ANY SUGGESTED PARTY SERVICE PROVIDER AND KAZZAM DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A CONSUMER BEYOND THE MONEY BACK GUARANTEE SET FORTH IN SECTION 10. KAZZAM DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY PARTY SERVICE PROVIDER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.
14. No Liability
YOU ACKNOWLEDGE AND AGREE THAT KAZZAM IS ONLY PROVIDING THE KAZZAM PLATFORM BECAUSE, BY USING THE PLATFORM, YOU ARE AGREEING TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. SPECIFICALLY, YOU AGREE NOT TO HOLD KAZZAM, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE KAZZAM PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY KAZZAM OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL KAZZAM, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE KAZZAM PLATFORM OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. KAZZAM DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED THAT IS BOOKED VIA THE KAZZAM PLATFORM.
15. Indemnification
You hereby agree to indemnify, defend, and hold harmless Kazzam, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, successors and assigns, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use the Kazzam Platform or book services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law the rights of any User or third party (iv) any content submitted by you or using your account to the Kazzam Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Kazzam reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the express written consent of Kazzam, which may not be unreasonably withheld, provided that the settlement includes a complete release for the benefit of Kazzam. To the extent the settlement does not include such a complete release, Kazzam may withhold its consent to the settlement in its sole discretion.
16. Submissions to Kazzam
You agree not to propose, post or submit to Kazzam ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as “Submitted Material “) through the Kazzam Platform. In the event you do so, you hereby grant to Kazzam a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to Kazzam the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that Kazzam is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against Kazzam for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to Kazzam, including the posting of materials to any forum or interactive area on the Kazzam Platform, irrevocably waives any and all “moral rights” in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.
17. DMCA Copyright Policy
If you are a copyright owner or an agent thereof and believe that any content on the Kazzam Platform infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Kazzam’s Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. As such, you acknowledge that if you fail to comply with all of the foregoing requirements, your DMCA notice may not be valid. If you are a copyright or trademark owner and you believe your rights have been violated, please email us at legal@kazzam.com, or write to Kazzam’s designated agent via U.S. certified mail, return receipt requested, at KAZZAM LLC, 1 Bridge Plaza North, Suite 475, Fort Lee, NJ 07024. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
18. Trademarks and Service Marks
Trademarks that are used or displayed on the Kazzam Platform are owned by Kazzam, Party City Holdings, Inc. or its other affiliates or by third parties other than Kazzam that offer and provide products and services on or through the Kazzam Platform. The trademarks of Kazzam may not be copied or used, in whole, partial, or modified form, without the prior written approval of Kazzam or, if applicable, a Party Service Provider. In addition, Kazzam custom graphics, logos, button icons, scripts and page headers are covered by trademark, trade dress, copyright or other proprietary rights law, and may not be copied, imitated, or used, in whole, partial, or modified form, without the prior written approval of Kazzam. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Kazzam Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kazzam.
19. GENERAL
A. Force Majeure: Other than payment obligations, neither Kazzam nor you shall be liable to the other for any delay or failure in performance under the Agreement arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
B. No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
C. Contacting You: You agree that Kazzam may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the Kazzam Platform. Kazzam may also contact you by mobile phone or through text messages in connection with the services.
D. Entire Agreement: This Agreement, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Kazzam on the Kazzam Platform, shall constitute the entire agreement between you and Kazzam concerning the Kazzam Platform or any service obtained through the Kazzam Platform. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
E. Waiver: No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Kazzam’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
F. Choice of Law/Statute of Limitations: Except as provided in Section 9 or expressly provided otherwise, this Agreement will be governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Kazzam Platform or service offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
G. Section Headings: The section headings in this Agreement are for convenience only and have no legal or contractual effect.
H. Contact Information: If you have any questions about this Agreement or the Kazzam Platform, you may contact us by sending an email to, if you are a Consumer: care@kazzam.com, and if you are a Party Service Provider: support@kazzam.com, or by writing to Kazzam, LLC, One Bridge Plaza North, Suite 475, Fort Lee, NJ 07024.
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