Date of Last Revision: July 20, 2009.
You may not use the ka3ka Service if you are under 13. If you are between the ages of 13 and 17, we strongly suggest that you seek parental consent to use the ka3ka Service.
Registration; Account Security
When you register for and use the ka3ka Service, you will be asked to provide information about yourself (First & Last name, Address, City, Zip code, State, Country"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.
By using or accessing the ka3ka Service, you represent, warrant and agree that you will not:
do anything that could disable, overburden or impair the proper working of the ka3ka Service;
use any robot, spider, scraper or other automated means to access the ka3ka Service;
send spam or any other unauthorized advertisements or solicitations through or using the ka3ka Service;
harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the ka3ka Service;
solicit private information (including social security numbers, credit card numbers and passwords) from users of the ka3ka Service;
provide any false personal information in your profile, create more than one account, transfer your profile, create an account for anyone other than yourself or create jobs without authorisation;
as a worker you will only work with one account and will not try to submit same job twice using more accounts.
use your profile for any commercial purpose;
offer any contest, sweepstakes, coupon or other promotion through the Ka3ka Service without our prior written consent;
use an iFrame or offer web search functionality on the ka3ka Service;
intimidate or harass any user;
do anything that is illegal, infringing, fraudulent, malicious or could expose ka3ka or the ka3ka Service users to harm or liability; or
attempt, encourage or facilitate any of the above.
By using or accessing the ka3ka Service, you represent, warrant and agree that you will not:
start jobs that violate the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);
post any Contact Information or private information of any third party;
post any false, misleading or fraudulent information;
start any jobs that might be defined as scam;
post any links, instructions or material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
post alcohol-related or other mature content on ka3ka Service that have not set appropriate age based restrictions (based on the country in which the page will be viewable); or
post User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.
ka3ka does not pre-screen, review, edit or approve any pages, websites or information outside or ka3ka.com domain. Ka3ka may, in its sole discretion, remove or disable access to any page, website or link posted by its users. ka3ka may block the user account at any time and disable access to it and all information (jobs, submitted tasks,...) posted by this account.
"Content" means any jobs, job information (requirements, description, title,...) and anything else that you Post on or through the ka3ka Service. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through the Micrroworkers Service.
We respect the IP rights of others and we prohibit users from Posting Content that violates another party's IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing Content. We also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that Content on the ka3ka Service infringes your IP rights, please report that to us immediately. You can report all IP claims, including any copyright claims, which will be handled in accordance with the Digital Millennium Copyright Act. If you are a user whose Content was removed due to alleged copyright infringement, and you believe the removal was mistaken, please contact us.
Your Privacy Practices
We respect the privacy rights of third parties, and you must do so as well on the ka3ka Service.
If you collect, access or use information relating to any user of the ka3ka Service (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not ka3ka.
Ownership; Proprietary Rights
Except for Content submitted by user, all materials, content and trademarks on the ka3ka Service are the property of ka3ka and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Without limiting the foregoing, KA3KA, the KA3KA LOGO, MW, ka3ka.com, and all related logos, are trademarks of ka3ka. Except as expressly authorized by ka3ka in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.
You are solely responsible for the User Content that you Post on or through the ka3ka Service. You hereby grant ka3ka an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the ka3ka Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your account name, jobs started, tasks finished or other information submitted for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the ka3ka Service or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.
If you own or control a website, you may place ka3ka' button, logo and/or text ("Link": a "Referral Link" or "Regular Link"), including all trademarks therein, on your website for the sole purpose of attracting more users on the ka3ka Service. By offering a Link on your website, you agree, represent and warrant that you will not place a Referral Link on any page containing content that would violate these Terms if Posted on the ka3ka Service. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all Links from your website.
Ka3ka Agreement Policy
By creating ka3ka account OR by login to your account, you agree to Terms and Conditions (this document) and you also agree to everything displayed on this website. You agree that Tasks not rated by Employers will auto-close in 7 days as Satisfied. If you do not agree with Anything displayed on this website, please do not use ka3ka.
References to "ka3ka", "ka3ka.com" and "this site" refer to the microworkers.com website and all related websites, it's owners and any related companies. By using the information, services and products available through this site and downloading any software, you are agreeing to the terms and conditions contained herein. This site provides the information, services and products available "AS IS", with no warranties whatsoever. All express warranties and all implied warranties and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law. This site is not associated with the software it provides (or display a link to) for download and cannot be held liable for issues or faults that arise from the download or use of the software.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to ka3ka ("Submissions"), are non-confidential and non-proprietary. ka3ka will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
User Disputes; Complaints
You agree not to hold ka3ka responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the ka3ka Service. This includes transactions conducted on the Ka3ka Service as well as the collection, handling and sharing of personal or other information that you provide to third parties. If you have a dispute with a third party relating to the ka3ka Service, you release Ka3ka and its directors, officers, employees and agents (collectively, the "ka3ka Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
If you believe that the ka3ka Service or ka3ka' business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of ka3ka's department (use contact us form or email). If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the ka3ka Service is unfair, fraudulent or unlawful with respect to that issue.
You agree to indemnify and hold ka3ka Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the ka3ka Service or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. ka3ka reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ka3ka , and you agree to cooperate with ka3ka' defense of these Claims.
USE OF THE KA3KA SERVICE IS AT YOUR OWN RISK. THE KA3KA SERVICE, KA3KA WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE KA3KA SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KA3KA, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, KA3KA, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE KA3KA SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE KA3KA SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
KA3KAIS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE KA3KA SERVICE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS (THEIR WEBSITES OR INSTRUCTIONS OR EXPECTATIONS etc.) WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL KA3KA ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE KA3KA SERVICE, THE KA3KA WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE Ka3ka SERVICE, EVEN IF KA3KA OR A KA3KA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KA3KA' LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF KA3KA ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE KA3KA SERVICE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE KA3KA SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO KA3KA DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.
Termination and Changes to the Ka3ka Service
We may terminate your account on the ka3ka Service, delete your account and any Content you have Posted on or through the ka3ka Service, and/or prohibit you from using or accessing the ka3ka Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the ka3ka Service at any time without notice. The following sections will survive any termination of your use of the ka3ka Service: Prohibited Conduct, User Content, Your Privacy Practices, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the ka3ka Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.
Except as set forth in the paragraph below, you agree that all claims and disputes between you and ka3ka that arise out of or relate in any way to the Terms or your use of the ka3ka Service will be resolved either by (a) binding arbitration by a single arbitrator in Delaware or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission. Such arbitration will be administered by Judicial Arbitration and Mediation Services ("JAMS") (see www.jamsadr.com) pursuant to its Comprehensive Arbitration Rules. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.
Governing Law; Venue and Jurisdiction
You agree that all claims and disputes between you and ka3ka that arise out of or relate in any way to the Terms or your use of the ka3ka Service will be governed by the laws of the State of Delaware (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Delaware, USA.
The "ka3ka Service" means the features, services and properties that ka3ka makes available through (a) www.microworkers.com or any other ka3ka-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the ka3ka Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from ka3ka at the email address you provide in registering for the ka3ka Service or otherwise elect in your account settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of the ka3ka Service.
Please visit our FAQ for more information.