TERMS & CONDITIONS OF USE
Welcome to Kalaa (www.kalaa.in) hereinafter called the “Site”. These Terms and Conditions of Use (hereinafter called "Terms") apply to and govern the use of the Kalaa “Site” and any services that may be provided by the Site or for the Site by you. The terms "we" or "us" also refer to the Kalaa site. By visiting our Site or using any of our Services, you are implicitly accepting the Terms and Conditions of Use as described hereunder and also practices described in these Terms, our Privacy Policy and Etiquette Policy which are incorporated into and are an integral part of these Terms. If you do not agree to these Terms and our Privacy and Etiquette Policies, please do not use the Site or request or register for any Services. Kalaa reserves the right to modify or amend these Terms from time to time without notice. Your continued use of our Site or services following any such changes to these Terms will imply that you accept these changes.
USAGE OF SITE AND SERVICES & RESTRICTIONS
Kalaa grants you a non-exclusive, non-transferable, limited right to access and use our Site and the features and services offered including informational materials for your personal use, provided that you comply fully with these Terms. You may not modify, create derivative works from, or in any way exploit the Site or services for any public or commercial use without the express written permission of Kalaa. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Site or Services without the express prior consent of Kalaa and copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any other language or retransmitted in any form or by any means, including without limitation, electronic, mechanical, photo-reproduction, recordation or otherwise, without prior written consent of Kalaa. Images of artworks included in the Site or Services are copyrighted by the Artist or owner and their use is only in the context of the site and are subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to Kalaa.
You shall not interfere or attempt to interfere with the operation of the Site or its features and services in any way through any means. This includes, but is not limited to, spamming, hacking, uploading computer viruses, etc. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on Kalaa’s infrastructure.
Ownership
The site www.kalaa.in is owned by M/s Kalaa Artspace Private Limited who have the full right to control, license, operate the site and provide the Services and material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.
By your permitted use of the Site, its content and any of the features and Services, you will not acquire any ownership rights. You will be responsible for complying with all applicable laws, rules and regulations regarding your use of any content. In the event Kalaa permits you to copy, re-distribute or publish any material or Content, no changes shall be made in respect of authorship, trademark, legend or copyright notice.
Change to Site or Services; Termination
Kalaa has the sole discretion to terminate, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, including but not limited to content, features, availability of features in certain countries, without any prior notice. Kalaa may also impose limits on accessing certain features and services or restrict your access to parts or all of the Site or Services with any reference to you. You agree that Kalaa have the right to terminate your use of this Site and Services, cancel your member registration, remove your Communication and any information and exercise any other remedy available to it, if Kalaa reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You also agree that Kalaa will not be held liable to you or any third party as a result thereof.
Rights to Materials Provided by Users
Kalaa welcomes your contributions in the context of our Services. By posting messages, uploading files, inputting data, providing information, content or materials to Kalaa, or engaging in any other form of communication individually or collectively within the Site, you grant to Kalaa a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, adapt, display, reproduce, transmit, modify, edit, create derivative works and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in any media now known or hereafter developed. You waive all rights you may have to approve of any use by Kalaa of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against Kalaa for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity and rights of attribution in connection with such Communications. You agree and understand that Kalaa is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever. Please note that this clause does not apply to images of artworks submitted by Members, who are Artists, for sale on Kalaa. The rights to images are separately covered in the “Listing and Purchase Agreement”
No Responsibility for User Transmitted Material
You acknowledge that transmissions to and from Kalaa and any Services are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Kalaa, no confidential, fiduciary, and contractually implied or other relationship is created between you and Kalaa.
No Liability for User Transmitted Material
Kalaa will not accept any liability for user transmitted material. Any messages, files, data, information, content, materials or other contributions of third parties to the Site do not necessarily represent the view or opinions of Kalaa or its Management. Kalaa does not assume any responsibility for the consequences of Contributions on or any consequences arising from use or misuse f the Site or any of its Services. Kalaa also does not represent or guarantee the truthfulness, accuracy or reliability of any Contributions posted by users or endorse any opinions expressed by such users. Reliance upon any information or contributions posted on the site are purely at your own risk.
Right to Monitor Communications
You agree that Kalaa has the right, but not the obligation, to monitor your Communications and all Contributions on the Site or Services at its sole discretion to determine compliance with these Terms and any other rules, policies or guidelines that Kalaa may establish from time to time. Notwithstanding this right, we will not and cannot review all materials posted to the Site by users, and Kalaa is not responsible for any such Communications or Contributions posted by users. We reserve the right to edit, disclose, refuse to post, request removal of or remove any Communication or Contribution, in whole or in part, in its sole discretion, including without limitation, as may be necessary to comply with any law, regulation or government or agency request or if, in Kalaa’s sole discretion, such materials are objectionable or in violation of these Terms.
User Conduct
You will abide by Kalaa’s ETIQUETTE POLICY which is available by clicking the link provided. Any violation of the Etiquette Policy constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice.
Disclaimer of Warranties
Kalaa does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Kalaa reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.
THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE.
NEITHER KALAA NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site or Services results in the need for servicing or replacing property, material, equipment or data, Kalaa will not responsible for those costs.
Neither Kalaa nor its content providers warrant that the Site or Services will meet your requirements or that specific results will arise from use of the Site or Services, any Contributions, search, link or any other of Kalaa’s products or services. If you are dissatisfied with the site of any services, you are advised to discontinue using the site and/or any our services.
Limitation of Liability; Exclusion of Damages
Kalaa is not liable for any lost data including users or member’s data, resulting from the operation of our Site. We urge all users to maintain their own back up versions of any communications or contributions they provide or receive from Kalaa.
Kalaa disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services. Kalaa is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services
KALAA MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
UNDER NO CIRCUMSTANCES SHALL KALAA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
Users outside India
Kalaa makes no representation that it’s Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside India. Those who choose to access this Site or Services from locations outside India do so on their own initiative and are responsible for compliance with local laws and regulations.
Additional Terms and Conditions for BUYERS
If you are a Buyer of our services and/or products then you are required to agree and comply with the TERMS AND CONDITIONS OF SALE, which is available by clicking on the link. When you first register as a BUYER we will ask for your agreement to “The Terms and Conditions of Sale” before the registration process is complete. The “Terms and Conditions of Sale” are an integral part of the TERMS & CONDITIONS OF USE and any violation would be treated as a violation of the TERMS & CONDITIONS OF USE.
Additional Terms and Conditions for SELLERS (Artists)
If you are an Artist who is registered with us for Listing your Art works for sale on our site www.kalaa.in, you are then required to agree and comply with the LISTING AND PURCHASE AGREEMENT, which is available by clicking on this link. When you first register as an Seller (Artist) we will ask for your agreement to the LISTING AND PURCHASE AGREEMENT before the Registration process is complete. Only after our express and unconditional agreement will we allow you to List your artworks on our site www.kalaa.in. The LISTING AND PURCHASE AGREEMENT is an integral part of the TERMS AND CONDITIONS OF USE and any violation would be treated as a violation of this agreement.
Changes to Terms and Conditions
Kalaa reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted constitutes acceptance of those changes.