Welcome to the Kaazing Corporation ("Kaazing") website located at http://www.kaazing.org (the "Site"). Kaazing provides you with access to the Site subject to these Terms of Use.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING THE SITE. THESE TERMS OF USE (THIS "AGREEMENT") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND KAAZING. BY COMPLETING THE KAAZING REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OR ACCESS THE SITE.

Registration

In registering with Kaazing, you must provide us with certain requested information about yourself, and the general management of your account with Kaazing, such as, your name, email address and company (the "Registration Data"). You represent that all information that you provide to Kaazing is and will be accurate, complete and timely at the time that it is given. Information collected from you by Kaazing is governed by the Kaazing Privacy Statement, a copy of which is available at - www.kaazing.org/privacy.htm. Minors may not use the Site. By accepting this Agreement, you represent and warrant that you are at least 13 years old.

Fees

Any fees or payments owed by you in connection with the Site are payable in advance and are not refundable in whole or in part, except as otherwise provided in this Agreement.

Access to the Site; Modifications to the Site

Kaazing does not provide you with the equipment to access the Site. Kaazing reserves the right to modify or discontinue, temporarily or permanently, all or part of the Site without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

Modifications

Kaazing reserves the right, at is sole discretion, to change, modify, add or remove portions of this Agreement at any time. When this Agreement is modified, Kaazing will revise the "Last Updated" date above. It is your responsibility to check the terms in this Agreement periodically for changes. Your continued use of the Site following the posting of changes to the Agreement will be subject to the then current Terms of Use, which shall supersede all earlier versions.

User Content

You are solely responsible for the photos, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Kaazing a nonexclusive, irrevocable, perpetual, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you remove your User Content, the license granted above will expire, however you acknowledge that Kaazing may retain archived copies of your User Content. Kaazing does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

As such, you agree to indemnify and hold Kaazing entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by Kaazing in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your User Content, your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party.

Password Restricted Areas of the Site

Certain areas of the Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Kaazing if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Kaazing of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN. KAAZING PROVIDES THE SITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE. KAAZING SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT KAAZING DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR WITHOUT COMPROMISE OR INFILTRATION OF SECURITY SYSTEMS.

Limitation of Liability

IN NO EVENT WILL KAAZING OR ITS THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER KAAZING OR ITS THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF KAAZING OR ITS THIRD PARTY PROVIDERS FOR DAMAGES UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).

Indemnification

You shall, at your expense, indemnify, hold harmless, and at Kaazing's option and request, defend Kaazing, our third party providers, and our officers, employees, and agents from any cost, expenses (including attorneys' fees), losses, damages or liabilities incurred arising out of your actual or alleged failure to perform any obligation under this Agreement, or (ii) illegal, harmful or fraudulent conduct.

Notices of Copyright Infringement

Kaazing respects the intellectual property rights of others, and asks you to do the same. Kaazing may, in appropriate circumstances and at its discretion, terminate access to users who infringe the intellectual property rights of others. If you believe that your work has been posted on the Site in a way that constitutes copyright infringement, please contact Kaazing at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Kaazing's designated agent for notice of copyright infringement can be reached at:

Kaazing Corporation
Copyright Compliance Officer
Ste 410
888 Villa Street
Mountain View, CA 94041
+1 877 KAAZING
copyright@kaazing.com

General Provisions

Enforcement of this Agreement will be governed by the laws of the State of California, USA, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Site will lie in the State and Federal courts located in Mountain View, California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Kaazing to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Kaazing in writing. In the event that a court of competent jurisdiction finds any provision of this agreement to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned in whole or in part by Kaazing without restriction. This Agreement comprises the entire agreement between you and Kaazing and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Contact Us

Kaazing can be reached using the following contact information:
Kaazing Corporation
Legal Affairs
Ste 410
888 Villa Street
Mountain View, CA 94041
+1 877 KAAZING
legal@kaazing.com