Last updated on 24th June, 2016. Replaces the prior version in its entirety.
1. YOUR AGGREMENT WITH KALAAGE
1.2 You also agree that by being a member of Kalaage, you become the default subscriber of our magazine, ‘The Wounded Tiger’ and that would be receiving regular mailers regarding the same.
2. THE CONTENT ON KALAAGE
2.1 Ownership: You retain all rights and ownership in your content. Kalaage does not claim any ownership rights in your content.
2.2 License to Your Content. Even though we don’t claim ownership of your content, we do need certain licenses to your content in order to operate and enable the Services. When you upload or submit content to our Services, you grant Kalaage (and our parents and affiliates) a worldwide license to communicate, distribute, host, make modifications or derivative works (solely for the purpose of better showcase your work), publicly display, publicly perform, publish, reproduce, store, and use such content. The license granted by you is for the only purpose of operating, marketing, promoting, and improving our Services. We will attribute to you if we incorporate your content into a Kalaage feature or into promotional or marketing materials.
2.3 Accessing and Sharing Your Content. By submitting your content to our Services, you also give other Kalaage members the right to share your content via various social medial platforms integrated with Kalaage. We may offer you ways to access and remove your content. Our Service may also provide ways for you to limit the scope of use and access and other user’s access and use of your content. You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content. We do not monitor or control what others do with your content. It’s your responsibility to let other users know how your content may be shared and adjust the setting related to accessing and sharing your content accordingly.
2.4 Termination of License. You may terminate this license at any time by removing your content from the Services. However, you agree that Kalaage may retain and use copies of your content for archival or backup purposes and for the investigation purpose mentioned later.
3. CRITERIA FOR USING KALAAGE
Service Eligibility: You can only use our Services if you are over 15 years old, it is legal for you to use our Services, and you are legally capable of entering into a binding contract.
4. ACCOUNT INFORMATION
You may need to create an account with us in order to use our Services. It is your responsibility to keep your log-in credentials secure and you are responsible to Kalaage for all activities that occur via your account. Unless Kalaage expressly allows you the right to create and manage account information as an account administrator for a company or as part of a team account, you may not use another person’s Account Information.
5. CODE OF CONDUCT
5.2 Impersonation. Because Kalaage is all about creative professionals getting credit for what they create, we require that you use your real name in your profile. If we in good faith believe that you have created an account impersonating another person, we may, in our sole discretion and after an internal investigation, either transfer your account to the person who you are pretending to be or terminate your account with no liability to you.
6. USE OF OUR PLATFORM
6.1 Kalaage is not responsible for (a) the loss, corruption, or damage to your content, (b) the deletion or accuracy of your content, or (c) the security, privacy, or communications related to your content.
6.2 We may create limits on the use of Services, including limitation on file size and storage space. Kalaage may require you to delete your content until you are within certain storage space limits.
6.3 We may include links to websites or services that we do not operate. We have no control over and are not responsible for the content appearing on these websites or services.
7.1 We do review all content uploaded to the Services and may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).
7.2 Kalaage may access or disclose information about you, or your use of a service, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) where we, in our discretion, think it is necessary to protect the rights, property or personal safety of Kalaage, our users, or the public.
8. KALLAGE'S INTELLECTUAL PROPERTY
The Services and any trademarks, logo, sample code, software, and other content and assets that Kalaage provides to you as part of the Service are protected by intellectual property rights. Using our Services does not give you ownership of any such intellectual property rights. You may not use content accessible from our Service unless you obtain permission from its owner or are otherwise permitted by law. You are not permitted to use Kalaage’s trademarks and logos related to the Services without our prior consent. Do not remove, obscure, or alter any text or proprietary notices contained in our materials. You cannot use the Kalaage Materials to construct any kind of database.
9. USER'S WARRANTY AND OTHER OBLIGATIONS
9.1 You represent and warrant that you own all intellectual property rights (or have obtained all necessary permissions) to your content and have the right to grant us the license.
9.2 You also represent and warrant that your content will not violate or infringe any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
9.3 You agree to indemnify and hold Kalaage and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your content, your use of the Services or Kalaage Materials, your violation of the Terms, or your violation of any rights of another.
10. OUR DISCLAIMER OF WARRANTIES
10.1 You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through our Services do not necessarily reflect our views. We do not support or endorse certain content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized.
10.2 Although we do what we can to provide security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.
11.1 You can stop using our Services at any time.
11.2 We may add, modify, or remove features or functionalities, and we may suspend or stop a Service. We may also stop providing Services to you, or add or create new limits to our Services at any time.
11.3 If the Service is terminated or discontinued, then we will make reasonable effort to notify you and provide an opportunity to retrieve your content. If your group administrator terminates your access to a Service, then you may no longer be able to access content that you or other members of the group have posted to a shared workgroup or shared workspace. You may, however, still access your content stored on your account.
12. CHANGES TO OUR TERMS AND CONDITIONS
If we decide to change our terms & conditions, we will post those changes on this page.