Terms of Service / Terms & Conditions
Last updated: 01/12/2010 04:04 GMT

By using this website, you agree that you have read and agree to be bound by these terms and conditions and our privacy policy, please ensure that they are read thoroughly.

Terms and Conditions --- Privacy Policy

• Introduction
• This website is owned and operated by Kazopark LTD ("Kazopark"), a company registered in England and Wales (registered number 07223591).


• Definitions
• "The client" is used as shorthand for our online chatroom in its entirety.
• "The website" is used as shorthand for our main domain; http://www.kazopark.com.
• "Special terms" is used as shorthand for any special terms that are attached to competitions or events held within the client.


• Changes
• We may change these terms and conditions to reflect: changes in applicable laws; regulatory or security requirements; relevant guidance or codes of practise; technical alterations to the client/website; to improve clarity and service changes. Please check these terms and conditions whenever you use the website and client. All registered users will be bound by any changes to these terms and conditions upon your next use of the client and/or website. Any unregistered users participating in our site will be treated as bound by these changes.


• 1. USE OF THE WEBSITE
• You are permitted by the owners of Kazopark to access and use the website and client located at http://www.kazopark.com/ and any extension of replacement subject to your compliance with these Terms and Conditions and the Privacy Policy.
• You will be required to register as a member of Kazopark in order to visit treehouses and create your own. You must provide us with accurate and complete registration information about yourself and you must ensure that your registration information is true and accurate at all times. Kazopark LTD will not allow you to update your Date of Birth after the registration process has completed. It is your responsibility to inform us of any changes to your current registered information by updating your profile, or contacting us directly by email through our contact methods. We will not accept information update requests without the appropriate information to prove your identity and ownership of the account. In the event we are unable to verify ownership of the account, we reserve the right to stop the accounts access to the client whilst we verify ownership and update the registered information.
• You must be 13 years or older to use the website and client. By registering for the website and client, you represent and warrant that you are 13 years or older and that you agree by these specific terms. In the event a user under the age of 13 registers and we become aware we will automatically delete any personal data that has been collected and alert the user of these terms and conditions. The account in question will also be temporarily banned whilst we ensure all registered information is factual and the user has parental consent.
• If you are under 13 and register to the client and website you are representing that you have consent from your parents/guardian to use Kazopark in accordance with our terms and conditions and privacy policy. We may temporarily ban any account if we are not satisfied that such consent has been given whilst we verify ownership of the account, and attain written parental consent.
• We have the sole right to approve and reject any registered username or password that may be chosen. We retain all right, title and interest in and to your username and password. Inappropriate usernames will be permanently banned from the client and the option to change the username at a later date will not be offered. Kazopark LTD decision is final.
• Use of the website and client does not cover any costs required to visit, register or login. An internet connection and computer will be required to use this website and we do not provide this. We are not liable for any dial up, broadband, cable or similar fees acquired during the use of our website and client.
• All material on the website and within the client, including without limitation, all text, data, sound, visual images, graphics, photos, site design, applications, software and mobile content displayed or held as data within the Kazopark LTD server(s) are owned exclusively by Kazopark LTD and is subject to copyright, unless otherwise stated. You must not reverse-engineer, decompile or modify any part of Kazopark LTD including, but not limited to, the website and client, in any way (except to the extent allowed by applicable law). You must not use a modified/customised version of the client or attempt to sub-license it. Any registered (or non-registered) user found to be doing so will be permanently banned from the website and client, and further legal action may be taken. You must not create or provide any other means by which Kazopark LTD website or client may be played by others. This includes, but is not limited to, replacement or modified client software and server emulators/"private" servers.
• Any materials (including without limitation, software, data, text, photo, graphics, sound, pictures and mobile content) held on or within the Kazopark LTD server(s) placed on our website or client is copyright to Kazopark LTD and is protected by intellectual property rights of ourselves or our business partner(s) / advertiser(s). You may not use these materials on third party websites/content/events without written consent from Kazopark LTD, except in accordance with these terms and conditions and for personal (non-commercial) use only.
• Any "fan sites" (news/entertainment sites based around Kazopark LTD) created by registered (or non-registered) users of Kazopark must abide by all the terms and conditions stated here, as well as providing a clear link back to the Kazopark website and/or client.
• Any chat sessions that take place within the client are recorded and stored for three months. Throughout this time the content stored is the property of Kazopark LTD and will be used in accordance with the associated law enforcement agencies should it be required, or requested by Kazopark LTD to avoid illegal activities within the client. Any chat sessions that you participate in you grant us a non-exclusive, perpetual, worldwide, royalty free, worldwide license to use and/or modify such materials on any Kazopark LTD website/client as we see fit.
• You agree that by submitting any material of any kind to us for any purpose connected with any part of the website or client (non-exhaustive examples are suggestions, ideas for games, contributions to the newsletter, graphical "alterations" of the client's interface/rooms), you are giving us a non-exclusive, perpetual, worldwide, royalty-free license to use and/or modify he submitted materials as we see fit. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you guarantee that you are the exclusive copyright holder in relation to the submission and that the submission is in no way breaching the rights of any other person of entity. Any submissions made found to be in breach of these terms will result in the registered (or non-registered) user to be permanently banned.
• We do not tolerate or encourage commercial infringement of our intellectual property and reserve our right to take action against any person(s) who infringe our rights to the full extent of the law.
• We reserve the right to withdraw eligibility to use the website and client if these terms and conditions are breached, or that you are in breach of applicable laws (including a violation of copyright and trademark laws). We reserve the right to ban registered accounts at any time with or without reason and without the need to provide prior notice.
• You may not attempt to obtain unauthorised access to Kazopark LTD's, or any afflicted computer systems, database records, servers, emails or the EMT system. We reserve the right to do periodic checks for any and all attempted access to our EMT system and permanently ban any IP address with failed login attempts.
• By registering with Kazopark through the website, or through the client from an external site you agree to only use this website in accordance with these terms and conditions. We reserve the right to temporarily or permanently ban registered users (and non-registered) if any clause within the terms and conditions is breached.
• Kazopark LTD reserves the right to close, withdraw, modify or terminate any competitions that are placed on the website on behalf of the company at our sole discretion.


• 2. ACCOUNT SECURITY
• You are solely responsible for the security and proper use of all your registered usernames with the client and website. You must take the necessary steps to ensure that they are kept confidential and not disclosed to unauthorised people. You are solely responsible for all activities that take place under your registered username and password. You must inform us immediately through the "Call for Help" tool if you have reason to believe that a third party may have access to your username and password.
• You are not permitted to (this list is not exhaustive) sell, trade or exchange your registered username for physical goods, virtual goods or currency. Any username found to have transferred ownership will be permanently banned until ownership can be verified.
• We reserve the right to process periodic identity checks on random registered accounts. If your account is found to have changed ownership the username will be immediately permanently banned from the client.
• Whilst we will do our best to return any compromised accounts to their original owner, we will not return any virtual goods, credits or subscriptions that have been removed from the username whilst it was not in your control. The security of your account is your responsibility.
• If you forget or lose the password for your username you must contact us, and satisfy any and all security checks that are in place to verify that you are the owner of said account. We reserve the right to require you to change any and/or all of the passwords used by you in connection to the website and client.
• You agree not to use another authorised username and password to access the website, either with or without their permission.


• 3. COMMERCIAL USES OF THE WEBSITE AND CLIENT
• You are not authorised, through any means of contact within the client and website, to ask users to fill in/participate in surveys, contests, pyramid schemes, chain letters or junk email.
• You are not authorised to advertise your physical or virtual good, within the services provided by Kazopark LTD without going through the appropriate methods found on our corporate page.
• You are not authorised to advertise; promote; offer to sell or buy any goods or services for any business purpose.
• You are not authorised to harvest or otherwise collect personal information about other individuals, including email addresses, or usernames for the purpose of sending unsolicited emails or other communications or for exchange, or post personal information about another individual/business.


• 4. SERVICES SUBJECT TO A CHARGE
• Kazopark LTD offers enhanced services on the website and client that are subject to additional charges. These enhanced services include, but are not limited to, the downloading of icons, mobile content, participation in mini-games, subscription to newsletters and services, the creation of additional treehouses and the provision of virtual furniture or other virtual items to furnish your treehouses.
• All virtual items purchased from the client's catalogue are held on Kazopark LTD's server(s) and you may access them when you visit the website, subject to your compliance with these terms and conditions. They cannot be downloaded to your computer, or be exchanged for physical goods.
• In the event you purchase services (see 4.1 & 4.2) from Kazopark LTD via the website or client, including without limited any enhanced services, then from the moment these services are made available, except to the extent required by applicable legislation, you shall have no right to reject or cancel the services other than pursuant to these terms and conditions or any additional terms published with the offer of services. This provision shall not affect your statutory rights.
• If you are under 18 years of age, you must obtain the bill payer's permission before you agree to incur any additional charges.
• Kazopark LTD's website and client are both free to use. Registration is free. The only charges from this website, and the client, are for enhanced services.


• 5. ACCOUNT BANS
• Any account that is banned from the client or website be it permanent or temporary will have the ability to appeal the decision. This can be done through the Contact Us method. We ask that you be aware of these terms and conditions, as if any have been breached then the appeal process will be declined.
• If an account ban is found to be placed in error, any subscription time that was lost during the ban time will be restored to the username where possible.
• Kazopark LTD reserves the right to temporarily or permanently deny access ("account ban") for any reason, at any time, at our sole discretion.


• 6. VOLUNTARY MODERATOR POSITIONS
• Kazopark LTD may, from time to time, open recruitment for volunteer moderators. The application process will be subject to any additional terms present on the page at the time of applying, and all applicants must meet the requirements presented on the page at the time of posting.
• Voluntary moderators will receive no monetary reward, physical or virtual.
• Upon being accepted into the voluntary moderator role you will be provided with a Moderator Handbook. All of the clauses within will also apply in addition to these terms and conditions. A breach of any clause be it within the Moderator Handbook or within these terms and conditions will result in the immediately permanent banning of the username.
• All voluntary moderators must be aged 16 or over, and you agree upon applying that your registered account information will be cross referenced with the information provided on the application form. We reserve the right to decline any application if we are not satisfied with the user's age.
• During the application process we will require two forms of photo ID, as well as a webcam interview. Upon applying you agree that you are capable of taking part in this process.
• All tools and abilities that are available to our Moderators are for emergency use only. Using any of the abilities and/or tools provided for recreational purposes will result in immediate removal from the Moderation team.
• Kazopark LTD reserves the right to review all Moderators on a periodic basis. Should any illegal content be found, we will immediately permanently ban the account in question.
• Upon removal or resignation from the Kazopark Voluntary Moderation team, your details will be held for a period of 3 months before being removed from our system. This includes, but is not limited to, Email address, Post/ZIP Code and ID. During this time all previous signed documents including, but not limited to, NDA's, Moderator Contacts and Signed Agreements are also considered active and valid until their stated termination.
• Becoming a Voluntary Moderator on behalf of Kazopark LTD does not provide you the ability to represent the company to any member of the press, media or the public. Furthermore, you are not permitted to speak on behalf of the company under any circumstances or in any situation.


• 7. OUR AND YOUR LEGAL RESPONSIBILITY
• WE DO NOT ACCEPT LEGAL RESPONSBILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES, AGENTS OR MODERATORS IN CIRCUMSTANCES WHERE:
• (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES, AGENTS OR MODERATORS
• (B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORSEEABLE RESULT OF ANY SUCH BREACH
• (C) SUCH LOSS OR DAMAGE RELATES TO A BUSINESS.
• YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF THE KAZOPARK LTD SERVER(S); NAME; WEBSITE OR CLIENT


• 8. MODIFICATIONS OR TERMINATION OF WEBSITE
• We may modify, suspend or discontinue the website and client at any time for any reason in our sole discretion.
• If the website is going to be shut down, you are not entitled to a fund of fees in these circumstances. Appropriate notice will be given.


THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF UK ENGLAND AND ANY MATTER OR DISPUTE IN CONNECTION WITH OR ARISING OUT OF THE WEBSITE AND THESE TERMS AND CONDITIONS SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS.