Terms and Conditions

Kala Brand Music Co.


Welcome to Kala!  Kala is proud to provide musicians throughout the world with exceptional quality ukuleles and guitars.


The following constitutes the terms and conditions (the “Terms of Use”), Privacy Policy (the “Privacy Policy”), and Copyright Notice (the “Copyright Notice”) governing your use of the Kala Brand Music Co. website kalabrand.com and any subdomains thereof, including, but not limited to the Kala Online Shop (shop.kalabrand.com) (collectively, the “Site”), and any goods, services, and/or content made available from or through the Site.  The Site is made available by Kala Brand Music Co., a California corporation (“Kala,” “we,” or “us”), located at 715 Southpoint Blvd, Suite D, Petaluma, California 94954, United States of America.  


You may not use the Site if you are under the age of 13 without parental/guardian consent, and hereby represent and warrant that you are not under the age of 13 or that you have parental/guardian consent.  


We may change the Terms of Use, Privacy Policy, and/or Copyright Notice from time-to-time by posting such changes on the Site. We encourage you to periodically review these Terms of Use, Privacy Policy, and Copyright Notice for revisions. These Terms of Use, Privacy Policy, and Copyright Notice apply to anyone who visits or contributes to the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE, PRIVACY POLICY, AND COPYRIGHT NOTICE AS APPLIED TO YOUR USE OF THE SITE.  If you do not agree to these Terms of Use, the Privacy Policy, and/or the Copyright Notice, you should stop using our Site and the services provided via the Site.  If you have any questions about the Terms of Use, the Privacy Policy, and/or the Copyright Notice, please contact us.  These Terms of Use, Privacy Policy, and Copyright Notice are effective as of March 27, 2017.


TERMS OF USE


  1. Terms of Use. By using this Site, you are bound by Kala’s Terms of Use, Privacy Policy, and Copyright Notice. To read our Privacy Policy click here: Privacy.  To read our Copyright Notice click here: Copyright.
  2. Proprietary Rights. Using the Site does not give you any rights in the content you access via the Site.  Kala owns all intellectual property rights in and to the content of its Site.  For the purposes of these Terms of Use, the term “content” shall mean all text, graphics, images, materials, or other content posted on, displayed by, or offered on or through the Site.  More specifically, as between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content, code, data, and materials, the look and feel, design, structure, and organization of the Site, and the compilation of the content, code, data, and materials on the Site, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we do not own content contained on the Site, we have secured a license from the owner or licensor of such content granting us the right to display such content in the manner displayed on the Site. Your use of the Site does not grant to you ownership or rights of any kind in any content, code, data, or materials you may access on or through the Site. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit Kala’s content without Kala’s explicit prior written permission.  
  3. Limited License. Use of the Site and the products and services offered by the Site, are only for your personal, non-commercial use. You may access and view the content on the Site, including but not limited to the Learn To Play tutorial videos, and make single copies or prints of the content on the Site, at your own risk and for your personal, non-commercial, and internal use only. You may not use the Site for commercial purposes or in any way that is unlawful, harassing, or intimidating, or harms us or any other person or entity, as determined in our sole discretion.
  4. Prohibited Use. Any commercial or promotional copying, distribution, publishing, or exploitation of the Site, or any content, videos, code, data, or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Kala or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the content, code, data, or other materials on or made available through the Site (this includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 5 below) or any other proprietary content or proprietary rights).  If you make use of the Site, or the content, code, data, or materials thereon, except as otherwise explicitly permitted above, you may be subject to liability for such unauthorized use, including, without limitation, for violations of copyright, trademark, and other applicable laws.
  5. Trademarks. The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Site, or on content available through the Site, are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Site without our written permission or that of the third party rights holder.
  6. Personal Data. In the course of your use of the Site and/or the services made available on or through the Site, you may be asked to provide certain personal information to us such as your full name and other contact information, including your company’s name (if applicable), your email address, your mailing address or the mailing address of your company, your phone number, or other data (“Personal Data”). If you would like to purchase a product or service offered via the Site, we will require that you provide financial, billing, and shipping information.  If you provide Personal Data to us, you are required to furnish accurate information. You represent, warrant, acknowledge, and agree that you are solely responsible for the accuracy and content of the Personal Data you provide us.  Our Privacy Policy, which is incorporated herein by reference for all purposes, describes how we protect your privacy while you are on our Site, and explains what information, including Personal Data, that we collect, how we collect it, and how we use it.  To read our Privacy Policy click on the link here: Privacy.
  7. Submission of Content to the Site.  Other than as set forth in Section 8 below, unless specifically requested, we do not solicit, nor do we wish to receive, any confidential, secret, or proprietary information from you through the Site, via our social media feed that may be incorporated into the Site, by email, or in any other way. Any materials submitted by you, including all creative works (including, without limitation, text, photographs, graphics, audio, visual, and audiovisual content), demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials (including, for example and without limitation, content that you submit or post to any message boards, review/ratings boards, and/or our blogs, social media sites, or send to us via email) (collectively, “Submitted Materials”) must be owned by the submitter or you must have the copyright owner’s written permission to use it, and will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Privacy Policy located here: Privacy.

By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way; and (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, or that you have the copyright owner’s written permission to use any Submitted Materials.


You retain ownership of any intellectual property rights you have in your own Submitted Materials, but, by uploading Submitted Materials to the Site, you are giving Kala the right to use the Submitted Materials in any form that it may desire.  More specifically, by uploading Submitted Materials to the Site, you are granting Kala and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sub-licensable right and license to use, host, store, copy, reproduce, modify, adapt, print, publish, translate, create derivative works or new works such as translations from, distribute, publish, publicly perform, display, and distribute such content (in whole or part), and/or to incorporate the content in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes, and to authorize others to do so.  


If you submit a photograph to the Site, you also agree to, represent, and warrant the following: (i) you have the rights necessary to authorize us to use the photograph as permitted by these Terms of Use; (ii) you authorize us to use the photograph as permitted by these Terms of Use; (iii) you have obtained the necessary permissions, if any, for us to use the photograph in accordance with the Terms of Use; and (iv) the photograph has not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in it.


You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments, and waivers set forth in these Terms of Use.


Kala will not accept responsibility for any information included in any Submitted Materials created, transmitted, or posted by users (for example, without limitation, websites, tweets, blog posts, or any comments to blog posts created or posted by users).  Such content is the sole responsibility of the individual or entity that makes it available on the Site. You alone are responsible for the content and consequences of any and all of your activities, and you submit Submitted Materials at your own risk. You don’t have any claims against Kala for any Submitted Materials.  We also cannot be responsible for maintaining any Submitted Materials that you provide to us.  We may delete or destroy any Submitted Materials at any time, in our sole discretion.


Kala will take down all content that violates another’s rights, including their copyrights, pursuant to the provisions of our Copyright Notice.  


Kala assumes no responsibility for intellectual property infringement of Submitted Materials by third parties.

 

8.  Laser Etch Service Orders.  By processing and submitting your laser etch service order on the Kala Site, you:

a.  Represent and warrant that you shall not use the laser etch service offered by Kala to infringe the intellectual property rights of others in any way, including any intellectual property rights in images, fonts, and the like that may be uploaded by you to Kala’s online service.  You will be solely and fully responsible for any claims or other losses arising out of your actual or alleged infringement of any such rights. In addition, and without limitation, Kala reserves the right, with or without notice, to terminate forthwith the account of any user who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the Site, if any;

b.  Represent and warrant to Kala, its officers, directors, employees, agents, successors, subsidiaries, agents, distributors, affiliates, and third parties providing information or services on the Site (collectively, the “Kala Parties”), that with regard to all text or images that you submit, you own and possess all rights or own sufficient rights of third parties necessary to copy, produce, print, imprint, or etch each and every instrument, case, accessory, or any other item and portion thereof; and

c.  You agree and covenant that at Kala’s request, and without further consideration, you will promptly provide Kala with reasonable evidence of such adequate and enforceable rights of third parties (i.e., consents, approvals, licenses, or sublicenses), and agree that Kala may provide a copy of said evidence and these Terms of Use to anyone claiming an infringement of copyright and/or trademark in your etching order, or to law enforcement or other entities as required by law or as Kala reasonably determines in its own discretion to be necessary to protect its rights or the rights of others.

9.  Prohibited User Conduct.   You may not submit any content to the Site that is false, defamatory, objectionable, or otherwise illegal.  You warrant and agree that, while using the Site and the services and features offered on or through the Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from Kala or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding, or other promotional content into any of the Site’s content or materials, or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Site; or (d) use the Site or the services offered via the Site in any unlawful, harassing, or intimidating manner, or in any manner that harms us or any other person or entity, as determined in our sole discretion.

If Kala has banned you from the Site, or any of the services on or available through the Site, for any reason, in its sole discretion, you may not return to the Site for any reason or in any manner. In the event that you do return, or attempt to return to the Site or a particular service offered by or through the Site after you have been banned, you will be deemed to have breached these Terms of Use, and Kala reserves the right to pursue all rights and remedies available to it at law or in equity with respect to such breach.

10.  Termination. Kala may terminate, change, suspend, or discontinue any aspect of the Site or the Site’s services (including, without limitation, content, features, or hours of availability), at any time and for any reason. Kala may restrict, suspend, or terminate your access to all or part of the Site and/or its services, or impose limits on certain features of the Site, if we believe you are in violation of our Terms of Use or applicable law, or for any other reason without notice, penalty or liability.  Once you have been banned from use of the Site, you may not thereafter use the Site under a new username or identity. Kala maintains a policy to terminate the Site use privileges of users who repeatedly infringe the intellectual property rights of others (including those of Kala).

    11.  Right to Monitor.  Kala reserves the right, but does not and shall not have an obligation, to monitor and/or to review all materials posted to the Site or through the Site’s services or features by users, including Submitted Materials. Kala is not responsible for any failure to monitor, review, and/or delete any materials posted to the Site or through the Site’s services or features by users. However, Kala reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request, and to edit, to refuse to post, or to remove any information or materials, in whole or in part, that, in Kala’s sole discretion, are in violation of these Terms of Use or applicable law.  We may also, without notice or liability, impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty if we believe you are in breach of the guidelines set forth in our Terms of Use or in violation of applicable law.

    12.  Linking to the Site. You agree that if you include a link from any other site to the Site, such link shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site or our services via the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Site. You agree not to link from any other site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded, or obfuscated by any third party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, that the link opens in a new browser window, and/or to revoke your right to link to the Site from any other site at any time upon written notice to you.

    13.  Indemnification.  By using the Site, and/or submitting or posting any Personal Data, photograph(s), and/or Submitted Materials, you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves in a court of law or otherwise, with respect to your engaging in any prohibited user conduct, as described herein, and/or any such Personal Data, photograph(s), and/or Submitted Materials, we may rely on your representations and warranties contained herein.  To the extent permitted by law, you agree to defend, indemnify and hold harmless Kala, its directors, officers, employees, suppliers, distributors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses, including reasonable attorneys’ fees and other costs of enforcing these Terms of Use, arising in any way from: (i) your use of and access to the Site; (ii) your submission of Personal Data, photograph(s), and/or Submitted Materials; (iii) your placement or transmission of any message, content, information, software, or other materials on or through the Site; (iv) your breach or violation of the law or of these Terms of Use; (v) your violation of any third party right, including any copyright, trademark, intellectual property, or privacy rights; and/or (iv) any claim that your content caused damage to a third party. Kala reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Kala’s defense of such claim.

    14.  Orders for Products and Services. We may make certain products and/or services available to visitors of the Site. You may only order products if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order, or by other payment means acceptable to Kala. In instances where taxes apply, you agree to pay all applicable taxes.  If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products or services that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download or thereafter, including, but not limited to the Terms of Use of the Shopify® website.  When you place an order through our online store, you are automatically added to our newsletter mailing list.

    If you choose to pay by credit or debit cards, our customer checkout form requires billing information that corresponds with your credit/debit card to protect us and the public against credit card fraud. Kala uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline security methods in our physical facilities.

    Subject to the Warranty provisions of our Site, we offer refunds for items purchased on our Site if returned within 30 days from the date of delivery. If there is a physical problem with the product, please contact service@kalabrand.com.

    Kala will make every effort to ship any items purchased through the Site from our offices in Petaluma, California, United States of America, as quickly as possible from the date of payment. All packages are sent via United States Postal Service, FedEx, or United Parcel Service dependent upon weight and area of service.  Shipping fees are calculated based on location of delivery.

    15.  Learn To Play Membership Service.  You may become a member at no charge of our Learn To Play program.  As a member, you’ll get full access to Kala’s exclusive online video tutorials, and will also have access to exclusive deals and discounts.  You may only register for the Kala Learn To Play Membership Service if, and you hereby represent and warrant that, you are 18 years old or older.  There is no minimum membership term and you can cancel your membership at any time by logging in to your Learn To Play account.  You will not be charged for cancellation.

    16.  Third Party Sites. You may be able to link from the Site to third party sites that take you outside of our service, and third party sites may link to the Site (“Linked Sites”). For example, if you click on a banner advertisement or a search result, the click may take you off the Site, or you may click on a portion of the Site that brings you to a third-party Site, like Shopify® or PayPal®. This includes links from advertisers, sponsors, and content partners that may use our Trademarks as part of a co-branding relationship. You acknowledge and agree that Kala has no responsibility for the information, content, products, services, advertising, code, or other materials that may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours, and you rely on the same at your own risk. Such Linked Sites are not under our control, and links to other sites are provided solely for the convenience of users. You acknowledge that when you click on a link that leaves the Site, the site you will land on is not controlled by us and different Terms of Use, copyright notice procedures, and privacy policies may apply. By clicking on links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links from third-party sites to the Site, although we are under no obligation to do so. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code, or other materials presented on or through such sites. Also, Kala is not responsible for any form of transmission received from any Linked Site.  Additionally, our Site includes links to other websites whose privacy practices may differ from those of Kala.  For example, we allow social media platforms, such as Facebook®, Twitter®, Instagram®, and Pinterest® to host “share,” “like,” or similar buttons that collect data on our Site.  These social media platforms’ data collection and handling practices are defined by those platforms, and not by this Site.  If you submit Personal Data to any of those sites, your information is governed by their privacy policies, and not by Kala’s Privacy Policy. We encourage you to carefully read the privacy policy of any website you visit.  

      17.  LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL KALA, ANY MEMBER OF KALA, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER ARISING OR RESULTING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO: (i) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, LINKED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROTECTED ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (ii) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, SERVICES, AND FUNCTIONS RELATED THERETO; (v) YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (vi) ANY BUGS, SPYWARE, VIRUSES, WORMS, TROJAN HORSES, MALWARE, OR ANY OTHER MALICIOUS SOFTWARE THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE SITE AND/OR THE SERVICES AND/OR PRODUCTS PROVIDED VIA THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO KALA FOR YOUR USE OF THE SITE, INCLUDING THE SERVICES PROVIDED VIA THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
        18.  WARRANTY DISCLAIMER. EXCEPT AS SET FORTH EXPLICITLY IN OUR WARRANTY SECTION ABOUT OUR PRODUCTS, THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, PRODUCTS, AND MATERIALS PROVIDED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS, CONTENT, OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND KALA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND DISTRIBUTORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE’S FEATURES, SERVICES, AND YOUR USE OF THE SAME.  

        KALA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO KALA AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (i) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, LINKED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROTECTED ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (ii) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS RELATED THERETO; (v) YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (vi) ANY BUGS, SPYWARE, VIRUSES, WORMS, TROJAN HORSES, MALWARE, OR ANY OTHER MALICIOUS SOFTWARE THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE.

        NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

        WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS PROVIDED THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR PROVIDED SERVICES OR PRODUCTS WILL MEET USERS’ REQUIREMENTS.

        YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR OWN SOLE RISK AND KALA HAS NO LIABILITY FOR ANY LOSS CAUSED TO YOU DUE TO ANY AUTHORIZED ACCOUNT WITH KALA.

        KALA ASSUMES NO RESPONSIBILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT BY THIRD PARTIES OF ANY PERSONAL DATA, USER PHOTOGRAPHS, AND/OR SUBMITTED MATERIALS.  

        KALA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED FEATURES, AND KALA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

        WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.

        UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE SITE FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH KALA.  KALA HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS OR CONTRIBUTIONS, CONTAINED ON THE SITE.

        WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, KALA AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE, OTHER THAN AS SET FORTH EXPLICITLY IN OUR WARRANTY SECTION ABOUT OUR PRODUCTS, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH KALA OR ITS AGENTS.

        19.  Applicable Laws.         We control and operate the Site from our offices in Petaluma, California, United States of America. We do not represent that materials on the Site, and/or the services offered through the Site, are appropriate or available for use in other locations.  You agree that the Site shall be deemed solely based in Petaluma, California, United States of America. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.  All parties to these Terms of Use waive their respective rights to a trial by jury. You and Kala each agree that these Terms of Use, the incorporated Privacy Policy and Copyright Notice, and the relationship between us shall be governed by the laws of the State of California without regard to its conflict of law provisions, and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms of Use, or the relationship between you and Kala, shall be brought exclusively in the courts located in the county of Sonoma, California, or the U.S. District Court for the Northern District of California. You and Kala agree to submit to the personal jurisdiction of the courts located within the county of Sonoma, California, or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.  You agree that the Site shall be deemed a passive service provider that does not give rise to personal jurisdiction over Kala, either specific or general, in jurisdictions other than California.

        20.  Changes to Terms of Use. Kala reserves the right, at its sole discretion, to change, modify, alter, update, add, or remove any portion of the Terms of Use, in whole or in part, at any time, and the services, features, links, and content offered on or through this Site at any time and from time-to-time without notice or further obligation to you. Changes in the Terms of Use will be effective when posted. Your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.

        21.  Miscellaneous.  No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term, and Kala’s failure to assert any right under these Terms of Use shall not constitute a waiver of such right or provision.  These Terms of Use, together with our Copyright Notice and Privacy Policy, shall constitute the entire agreement between you and Kala concerning use of the Site.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, Kala and you as a user of the Site nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.




        PRIVACY POLICY


        This Privacy Policy describes Kala Brand Music Co.’s (hereinafter, “Kala,” “we,” or “us”) current policies and practices with regard to Personal Data collected by us through the website kalabrand.com and any subdomains thereof, including, but not limited to the Kala Online Shop ( kalabrand.com/pages/shop ) (collectively, the “Site”). This Privacy Policy is independent from Kala’s offline Personal Data collection practices.  The term “Personal Data” refers to personally identifiable information about you, such as your name, birth date, email address, or mailing address, and any other information that is identified with you personally.  As part of the operation of this Site we may gather some Personal Data about you. This Policy details what information we may collect and what we may do with that information.

        1.  Notification of Changes to This Policy.  Kala is continually improving and adding new functionality and features to its Site and improving and adding to our existing products, services, and programs. Because of these ongoing changes, changes in the law, and the changing nature of technology, Kala’s data collection and retention practices will change from time-to-time. Accordingly, we encourage you to check this page frequently. This policy was last updated in November, 2016.
        2.  Personal Data Collected Through the Site.  Other than cookies, as described below, the only Personal Data that Kala currently collects through its Site is the information you voluntarily give us when you use the Site and its related services.  For example, you may use the Site to contact Kala with questions and comments.  When you fill out a form on the Site, you may provide your full name and other contact information, including your company’s name (if applicable), your email address, your mailing address or the mailing address of your company, your phone number, or other Personal Data.  If you would like to purchase a product or service offered via the Site, we will require that you provide financial, billing, and shipping information. Contact information from the order form is used to send orders and information about Kala to you.  You are providing any and all such information voluntarily.  When you submit information to us through the Site, you may receive a confirmation email if you enter a valid email address. When you use our Site to search for information, you are not providing us with any Personal Data. We offer the search features as a service to you. Kala does not collect or retain any identifying information about you when you use the search features of our Site.  You may opt-out of receiving future communications from Kala by sending a request via email to contact@kalabrand.com.

          3.  Passwords.  You acknowledge and agree that any login, identifier, or password issued in connection with the Site (each a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Kala immediately of any unauthorized use of any Password that is not issued directly to you or approved by Kala.


            4.  Use of Personal Data Collected Through the Site.  Kala uses the Personal Data and information you provide to answer your question or resolve your problem. Also, when you place an order through our online store, your name and email address is automatically added to our newsletter mailing list.  Kala and our affiliates may also use this information to help us improve the content and functionality of our Site, to better understand our customers and markets, and to improve our products and services. Kala and our affiliates may use this information to contact you in the future to tell you about products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “unsubscribe” from receiving future communications.

            5.  Anonymous Data Collected Through the Site.  In addition to the Personal Data and information you provide when you use the Site, Kala may use technology to collect anonymous information about the use of our Site, and the demographics of our visitors. For example, our Site may incorporate “pixel tags,” “web beacons,” or similar tracking technologies, “cookies,” discussed below, and/or “widgets,” discussed below, that allow us to track the actions of our users.  We use Google Analytics to collect and process data.  If you would like to know more about how Google uses this data, please see here: google.com/policies/privacy/partners, or any other URL Google may provide from time-to-time.  We may use technology to track how many visitors access our Site, the kinds of people they are, the date and time of their visit, the length of their stay, which pages they view, where they come from, how they found the Site content, and how engaged they are.  We may also track traffic patterns and how visitors are utilizing our Site, for instance how visitors find our Site, and what path visitors take once on our Site.  We may also use technology to determine which web browsers our visitors use and the IP address or URL from which they accessed our Site.  We may also collect device-specific information, such as your hardware model, operating system version, and unique device identifiers.  These are only examples, and not a full list of the anonymous information we may collect.  However, this technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of the Site. Kala and our affiliates may use this anonymous data and share it with third parties to improve the content and functionality of our Site, to better understand our customers and markets, and to improve our products and services. We do not use anonymous information or data in any way to create or maintain a personal profile of you or collect personally identifiable information from or about you.

            6.  Cookies.  A cookie is a small piece of information that is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer and they cannot be used to discover the identity of a user. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not and whether you are required to accept the cookie to view certain content. Kala may use cookies to “persist” a user session — that is, to maintain connection with a user as he or she moves through an application or series of web pages. The purpose of cookies in this context is to remember user inputs.

            7.  Widgets.  Our Site includes widgets, which are interactive mini-programs that run on our Site to provide specific services from another company (e.g. displaying the news, opinions, music, etc). Personal information, such as your email address, may be collected through the widget. Cookies (see above) may also be set by the widget to enable it to function properly.  For instance, our Site may allow social media platforms, such as Facebook®, Twitter®, Instagram®, and Pinterest® to host plug-ins or widgets on our Site.  These social media platforms’ data collection and handling practices are defined by those platforms, and not by this Site.  Information collected by these widgets is governed by the privacy policy of the company that created it, and not by Kala.

            8.  Compliance with California Online Privacy Protection Act.  Neither Kala, nor this Site, respond to Web browser “do not track” signals or other mechanisms that provide users with the ability to exercise choice regarding the collection of personally identifiable information or Personal Data about a user’s online activities over time and/or across third-party websites or online services. To the best of our knowledge, no third parties are collecting Personal Data about your online activities over time and across different websites when you use this Site.

            9.  Disclosure of Your Personal Data.  Kala may share some or all of the Personal Data collected through the Site with our affiliates, who use this data in accordance with this Privacy Policy. Both Kala and our affiliates may share Personal Data collected through its websites with third-party vendors who act for or on behalf of Kala or our affiliates (for example, companies that provide support services to us, including data processing services, or that help us market our products and services). These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose. In addition, there may be some other, limited circumstances in which Kala or our affiliates may share or transfer the Personal Data in our databases, for example, to comply with a legal requirement, for the administration of justice, to protect your vital interests, or in the event of a corporate sale, merger, reorganization, dissolution, or similar event.  However, Kala will never sell or rent any Personal Data about you to a third party.

            Typically, to purchase and deliver products or services via the Site, Kala will require that you provide your accurate name and email address.  To the extent that Kala requires that you provide your name and email address, we will maintain that information to communicate with you and confirm delivery of your order, if any, and we will also maintain that information to comply with any legal obligations or for the administration of justice.

            10.  Security.  While no method of data transmission is guaranteed against unlawful third party interception or other misuse, Kala uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline security methods in our physical facilities.  However, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and our servers, or any information provided to us or to any third party through or in connection with the Site. Any information that you provide to us is done so entirely at your own risk.

            11.  Business Transfers.  If we sell all or any part of our business, or sell or transfer all or a material part of our assets or are otherwise involved in a merger or other transfer or disposition of any part our business, Kala reserves the right to access, transfer, or disclose any and all information that we collect from you, or that we otherwise collect in connection with the Site, to the party or parties involved in the transaction as part of that transaction.

            12.  Children.  Kala does not knowingly collect Personal Data from children under the age of 13.  If you are under 13, please do not transmit any Personal Data to Kala or through the Site.  If you have reason to believe that a child has provided Personal
            Data to Kala, please contact us, and we will try to delete that information from our databases.

            13.  Link to Other Sites.  This Privacy Policy applies only to Kala’s Site.  Kala and our affiliates may operate other websites for different purposes and in different countries where different laws may apply. If you visit any Kala website, including kalabrand.com, please take a moment to review the privacy policy posted on that site to learn what Personal Data may be collected through that website and how it is processed.

            The Site may contain hyperlinks to websites that are not operated by Kala or our affiliates. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators. Kala does not control these websites and is not responsible for their data practices. We urge you to review the privacy policy posted on any website you visit before using the website or providing any Personal Data about yourself.

            14.  Governing Law.  See Section 19 of the Terms of Use.

            15.  Changes to Privacy Policy. Kala reserves the right, at its sole discretion, to change, modify, alter, update, add, or remove any portion of the Privacy Policy, in whole or in part, at any time. Changes in the Privacy Policy will be effective when posted. You will know if this Privacy Policy has been revised since your last visit to the Site by referring to the date in Paragraph 1 of this Privacy Policy. Your use of our Site constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us, and you should therefore review this Privacy Policy regularly to ensure that you are aware of its terms.

            16.  Questions About Our Privacy Policy.  If you have any questions about this Privacy Policy or concerns about the way Kala processes your Personal Data, please contact us at contact@kalabrand.com.



             


            COPYRIGHT NOTICE


            This Copyright Notice describes Kala Brand Music Co.’s (hereinafter, “Kala,” “we,” or “us”) current policies and practices with regard to intellectual property rights in connection with the website, kalabrand.com, and any subdomains thereof (the “Site”).


            Kala respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us a written communication that includes the following requirements pursuant to 17 U.S.C. § 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”):


              1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

              2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;

              3. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kala to locate the material. Providing URLs is the best way to help Kala to quickly locate the offending content;

              4. Information reasonably sufficient to permit Kala to contact you, such as an address, telephone number, and an email address at which you may be contacted; 

              5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

              6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

            We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Kala will also terminate a user’s account if the user is determined to be a repeat infringer.


            Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is:

            Elizabeth J. Rest
            Crown, LLP
            155 Montgomery Street, Suite 1401
            San Francisco, California 94104
            United States of America
            Email: elizabeth@crownllp.com


            Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages under Section 512(f) of the DMCA.


            If, pursuant to the receipt of a copyright notice as set forth above, or otherwise, we remove or disable access to content, and you feel that the removal or disabled access was in error, you may send us a counter-notice.  If you elect to send us a counter-notice, you must provide a written communication to Kala’s designated agent (see above) that includes substantially the following:


                1. Either a physical or electronic signature of the submitter;

                2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

                3. A statement, under penalty of perjury, that the submitter has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

                4. The submitter’s name, address, email address, and telephone number, and a statement that the submitter consents to the jurisdiction of the Federal Court, Northern District of California, and that the submitter will accept service of process from the person who provided the notice under the DMCA of alleged infringement, or an agent of that person.