Kahzam Terms of Service for Personal Use

Welcome! By using Kahzam's search engine or other Kahzam services ("Kahzam Services"), you agree to be bound by the following terms and conditions (the "Terms of Service"). As used in this agreement, "Kahzam Services" does not include the Adwords or keywords advertising programs.

The sites displayed as search results or linked to by Kahzam Services are developed by people over whom Kahzam exercises no control. The search results that appear on Kahzam are not indexed by Kahzam's computers, and Kahzam cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using Kahzam Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Kahzam search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Kahzam Services. Kahzam has installed adult filters so users can identify search words or phrases if containing objectionable words or phrases before viewing search results. Content Linked to by Kahzam: Provided by Google.com, Yahoo.com, Dmoz.com, Altavista.com, MSN.com, Ask.com, U-tube.com, Careerbuilder.com, CNN.com and all others added or subtracted as Kahzam, Inc. see fit.

The Kahzam Services are made available for your personal, non-commercial use only. You may not use the Kahzam Services to sell a products or services, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a Kahzam search and reformat and display them, or mirror the Kahzam home page or results pages on your Web site. You may not "meta-search" Kahzam. If you want to make commercial use of the Kahzam Services, you must enter into an agreement with Kahzam to do so in advance. If you are interested in adding a Kahzam search box to your web site or your company's web site, we encourage you to do so. Please go to “Affiliate” log-in and create a user account for such purposes.

Changes In Terms and Conditions and Kahzam Search Service

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Kahzam disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the KAHZAM SERVICES results. Kahzam disclaims any responsibility for the deletion, failure to store, wrong:-delivery, or untimely delivery of any information or material. Kahzam disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the KAHZAM SERVICES.

THE KAHZAM SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE KAHZAM SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. KAHZAM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. KAHZAM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE KAHZAM SERVICES. KAHZAM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE KAHZAM SERVICES. KAHZAM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE KAHZAM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE KAHZAM SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE KAHZAM SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE KAHZAM SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL KAHZAM OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE KAHZAM SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF KAHZAM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE KAHZAM SERVICES, FROM INABILITY TO USE THE KAHZAM SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE KAHZAM SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE KAHZAM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE KAHZAM SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE KAHZAM SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE KAHZAM SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE KAHZAM SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE KAHZAM SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Kahzam or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Kahzam.

• We do not allow the use of illegal or hate related keywords and / or websites.

• Your website must be in English (adult, warez, MP3s, ROMs, EMUs and other illegal content in websites are not allowed).

• Only one account for one company or one organization is allowed. You can use this account for as many domains, websites, or web pages as you wish (the only case you can have 2 accounts is when you have one for site using xml, and other account for common affiliate code).

• Do not Spam.

• Do not Cheat.

• We can cancel your account anytime if you don't conform to the terms.

• We accept worldwide webmasters. But we only count traffic from the following countries: United States, Canada, Australia, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland and United Kingdom.

• All valid clicks must be a result of a user's performing a search by entering the keywords into a search box or clicking on a text link. In other case, the displayed search results have to match the keyword phrase being searched. Any Web page that contains a Paid Link must be displayed only after a query has been made by a User.

• To prevent fraud clicks, Only one click from the Unique ip during 24 hours will be paid. If the same ip clicks are made for several times during the day, they will be counted only 3 times.

• All the clicks from open proxy will not be counted.

Kahzam has created “Agency Accounts” for the purpose of “online” adword campaign management by any company for the benefit of another third party company or client.

Definition:

Definition as to what qualifies for Kahzam Agency Account: “Agency Account”: Any company providing services for the benefit of a third party client with regards to internet search engine advertising on Kahzam.com. All qualifying companies shall be referred to as “company” through out the remainder of this document.

Qualifications:

To qualify as a “company” you must be an “active” lawfully registered U.S. company registered in the domiciling home state corresponding to your physical address; through the corresponding state issuing bodies with your state government and must have an current U.S. Federal Employee Identification number. If you act as a sole proprietorship you can submit a legal U.S. social security number for your tax purposes.

Taxes / Income:

All companies will be issued a 1099 for income reporting purposes. All appropriate taxes shall be paid by “company “ and shall not be the responsibility of Kahzam, Inc.

Commissions / Compensation: Kahzam will pay all due commissions on managed accounts at a rate of 25% of gross deposits. Kahzam will pay commissions to company on monthly or yearly campaigns 45 days after funds are cleared and in Kahzam’s possession via Paypal. Ex. If a “company” funds a clients 12 month advertising campaign at inception all commissions will be paid 45 days after funds are cleared in Kahzam’s account.

All payments will be made to Kahzam through Paypal.

1. “Kahzam will not pay commissions on any house accounts.

2. Kahzam will not pay any commissions on dollar amounts that Kahzam has added to advertising accounts in accordance with any promotion or special give aways.

Kahzam reserves the right to increase or decrease commission percentages depending on gross dollar contributions made by any one “company” individually. Company evaluations will be random and with out notice. If Kahzam increases or decreases any company’s individual commission structure an email will be sent to the contact email address on such account via the email address in that company’s account records. Email addresses are to be kept current in all individual company’s information with Kahzam and become the sole responsibility of each company.

Third Party disputes

If Kahzam is contacted by any client of any company that is currently advertising on Kahzam with derogatory information concerning specific company an investigation will be performed at Kahzam’s discretion. All commissions due to company under such conditions will be held until a satisfactory outcome is met by all concerning parties.

Hold Harmless:

Kahzam will not be held responsible for any errors in any campaign that is created, submitted and managed by any company. There shall be no refunds on any & all funds deposited; once a company has executed such funds to Kahzam through Paypal to Kahzam. Kahzam will not be responsible for any content or language considered inappropriate or deemed inappropriate by others.

By creating an “Agency Account” all companies hereby agree to all terms provided by Kahzam. Kahzam reserves the right to edit, change, add or remove any part of these terms with out notice.

Under no circumstances shall an adveriser,agency or affiliate list a company or service under a keyword or phrase that is trademarked or has a patent unless you are the company or companies agent that holds the trademark or patent

Governing Body:

All parts of this agreement will be strictly held in force and upheld by the courts in the county of Broward in the state of Florida.