Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by KIZOBASA , acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Payment and Renewal. All purchases are considered final and are non-refundable unless specifically stated. Transferred may be possible with associated fees depending on the product / service.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which kizobasa.com links, and that link to kizobasa.com. KIZOBASA does not have any control over those non-KIZOBASA websites and webpages, and is not responsible for their contents or their use. By linking to a non-KIZOBASA website or webpage, KIZOBASA does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. KIZOBASA disclaims any responsibility for any harm resulting from your use of non-KIZOBASA websites and webpages.
- Intellectual Property. This Agreement does not transfer from KIZOBASA to you any KIZOBASA or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with KIZOBASA . KIZOBASA , kizobasa.com, the kizobasa.com logo, and all other trademarks, service marks, graphics and logos used in connection with kizobasa.com, or the Website are trademarks or registered trademarks of KIZOBASA or KIZOBASA’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any KIZOBASA or third-party trademarks.
- Changes. KIZOBASA reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. KIZOBASA may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Limitation of Liability. In no event will KIZOBASA , or its suppliers, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to KIZOBASA under this agreement during the twelve (12) month period prior to the cause of action. KIZOBASA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless KIZOBASA , its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between KIZOBASA and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of KIZOBASA , or by the posting by KIZOBASA of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Bangkok, Thailand, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bangkok. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Bangkok, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; KIZOBASA may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
KIZOBASA (“KIZOBASA “) operates kizobasa.com and may operate other websites. It is KIZOBASA’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, KIZOBASA collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. KIZOBASA’s purpose in collecting non-personally identifying information is to better understand how KIZOBASA’s visitors use its website. From time to time, KIZOBASA may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
KIZOBASA also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on kizobasa.com blogs/site. KIZOBASA only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to KIZOBASA’s websites choose to interact with KIZOBASA in ways that require KIZOBASA to gather personally-identifying information. The amount and type of information that KIZOBASA gathers depends on the nature of the interaction. For example, we ask visitors who sign up at kizobasa.com to provide a username and email address. Those who engage in transactions with KIZOBASA are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, KIZOBASA collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with KIZOBASA . KIZOBASA does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
KIZOBASA may collect statistics about the behavior of visitors to its websites. KIZOBASA may display this information publicly or provide it to others. However, KIZOBASA does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
KIZOBASA discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on KIZOBASA’s behalf or to provide services available at KIZOBASA’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using KIZOBASA’s websites, you consent to the transfer of such information to them. KIZOBASA will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, KIZOBASA discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when KIZOBASA believes in good faith that disclosure is reasonably necessary to protect the property or rights of KIZOBASA , third parties or the public at large. If you are a registered user of an KIZOBASA website and have supplied your email address, KIZOBASA may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with KIZOBASA and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. KIZOBASA takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If KIZOBASA , or substantially all of its assets, were acquired, or in the unlikely event that KIZOBASA goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of KIZOBASA may continue to use your personal information as set forth in this policy.