Terms of Service
Acceptance of Terms of Service
These Terms of Service (the “Agreement” or “Terms” or “Terms of Service”) are a legal agreement between you, either an individual or an entity (“you” or “user” or “your”), and Kala Group Technologies LLC, ( “KALA” ), regarding the Services, as defined below. KALA makes this website (http://www.KALAGROUPTECH.com) and all other KALA domains included within this website (the “Website” ), including all information, graphics, documents, text, products and all other elements of the Website and all products offered on this Website and services operated through the Website, available for your use subject to the terms and conditions set forth in this document. By accessing and using this Website, using any KALA services and/or downloading or purchasing any KALA products, you agree to be bound by and to accept these Terms of Service and all terms and
conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website. If you do NOT agree to all these Terms of Service, you should NOT use this Website. If you do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website which contains such Content or through which such transactions may be concluded and you should NOT use such Content or conclude such transactions. Also, when you use any current or future KALA services or visit KALA’s or its affiliates’ websites or obtain any products or services, whether free of charge or for payment, of KALA or any business affiliated with KALA, whether or not included in the Website, you will be subject to the guidelines and conditions applicable to such services or business. These Terms of Service may be amended by KALA at any time upon notice given by any of the following means: through the Website at or after you login to your User Account (as defined below),
by email communication to the address provided by you when you set up your User Account. Failure to provide or maintain accurate or current contact information by you will not obviate your responsibility to comply with these Terms of Service as amended from time to time. Please check
these Terms of Service published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. Also, specific terms and conditions may apply to non-user generated specific content, products, materials, services or information contained on or available
through this Website (the “Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.
KALA reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. KALA reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.
You agree to use the Website and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. KALA IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES,
OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or
regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where KALA is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
Description of Services
KALA enables you to collaborate on projects using a social, cloud-based platform. Companies and individuals alike can use the KALA platform to share confidential files from any location in a secure environment. Managers can create tasks for their employees, upload relevant documents, and coordinate with colleagues to complete projects both effectively and efficiently. Essentially, KALA provides companies with a hub to communicate, collaborate, and create in a secure and accessible virtual, cloud-based environment.
Use of the Services by You
You agree to use the Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through
the means that is provided by KALA or its authorized partners. You agree not to access or attempt to access any of the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Further, you agree:
not to disrupt or interfere with any other user’s enjoyment of the Website, the Services, or affiliated or
not to upload, post, or otherwise transmit through the Website or the Services any viruses or other
harmful, disruptive, or destructive files;
not to use or attempt to use another user’s User Account, password, or system;
not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein;
not to disrupt or interfere with the security of, or otherwise cause harm to, the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through this Website or any affiliated or linked sites. If anyone other than yourself accesses your User Account, they may perform any actions available to
you (unless as specifically stated otherwise on the KALA), make changes to your User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
reserves the right, solely upon its own discretion, to refuse, remove or disable access to User Content stored on KALA’ servers that KALA learns may be illegal or may violate the terms of these Terms of Service, although it has no obligation to do so. You are solely responsible for protecting the information on your computer or your other devices for example, by installing anti-virus software, updating your applications, password protecting your files, and preventing third party access to your computer. You understand that users of KALA Services may store User Content that is unusable due to corruption from viruses, software malfunctions or other causes. KALA is not responsible for any damage that any user may incur through the sharing and use of such User Content. You are solely responsible and liable with respect to any of the uses of the KALA which occur under your User Account, and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the KALA). You own all rights in and to any content uploaded by you to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content.
The User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for KALA and/or your
End Users to use or possess in connection with the KALA. You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable
Your Passwords and Account Security
KALA requires you to create a user account (“User Account”) in order to use its Services and may also, from time to time, provide you with additional codes or passwords necessary to access and use certain other features or functions of the Website. In creating your User Account, you agree to submit accurate, current and complete information about yourself and keep such information updated. KALA reserves the right to suspend or terminate accounts which are reasonably suspected to be used in
contradiction to the terms herein and/or contain information that is untrue, inaccurate, not current or incomplete. You may also access the Website and Service by logging in using an authorized third party social
network account, such as a Facebook or Twitter account. By doing so, you authorize KALA to collect your personal profile and activity information from that third party social network. Please note that if you opt to use your Facebook account to login to our Website and/or KALA Apps and use our Services or interact with other user of the Website, KALA is able to access all of your data in connection with your Facebook account, including, without limitation your friends list, pictures you posted or those posted of you on Facebook, businesses and stories you ‘liked’, places you visited, etc.
This information you provide is used for such purposes as allowing you to set up a user Account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from KALA.
You shall choose a personal, non-transferable password. User Accounts may not be “shared” or used by more than one individual. After you accept these Terms of Service and your User Account registration has been accepted by KALA, your User Account will be established. You are solely
KALA collects, uses, discloses, manages and stores your personally identifiable information (“Personal Information”). You agree and understand that you are responsible for maintaining the confidentiality of all user names and passwords associated with any User Account you use to access the Services. Additionally, you may not use anyone else’s User Account at any time, without the permission of such account holder. KALA is not liable for any harm caused or related to the theft or misappropriation of your user name, password, User Content, disclosure of your user name or
password, or your authorization of anyone else to use your user name or password. However, you could be held liable for losses incurred by KALA, another user or any third party due to misappropriation and use of your User Account. If you become aware of any unauthorized use of your User Account, please notify KALA immediately at firstname.lastname@example.org.
Communicating with Other Users
The Website, KALA Apps, and Services may allow you to communicate with other users through a third party VMA or other means. Discretion should be used when disclosing any information through these means, as it may be accessed by third parties. Use of any personally identifiable information,
Security of User Content
KALA will use all commercially reasonable efforts to restrict access to your User Content to authorized persons. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Although Bixtrix24 strives to make sure that all data on the Website is
secure, you hereby acknowledge and accept that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files you store on the Website or via Services.
KALA maintains a community resource for all users on its website which contains frequently asked questions and other useful information concerning the product and its use. In addition, KALA will provide technical support for paying account holders of its Services and its Software (defined below). In order to receive technical support from KALA, the user seeking such support must request such support by contacting KALA using the helpdesk feature at http://www.KALAGROUPTECH.com The user should describe the nature of the problem to be resolved as well as providing information about the user (name, address, etc). KALA will make reasonable efforts to respond to such requests in a timely manner,. The user will cooperate with KALA when seeking technical support services by
providing information necessary to assist KALA or requested by KALA while diagnosing or resolving the issue. Although KALA cannot guarantee that a technical support issue will be resolved, KALA will make reasonable efforts to perform technical support services in a professional manner.
Fees and Payment
All rights and privileges provided herein to you under these Terms of Service are subject to your payment of applicable fee, if any, to KALA, provided however, that KALA expressly reserves the right to provide the Services free of charge during the Term, and further provided, that KALA, solely at its own discretion and upon termination of this Agreement, may elect to provide the same or similar Services for a fee. Payment for Services shall be at prices as agreed upon between you and KALA. KALA offers multiple Service Plans for users, with different fees and functionality features for each plan (“Service Plan”). Payment for a Service Plan, if any, shall be made in advance and is non-refundable, that is there will be no refunds, full or partial. For instance, if you cancel your subscription to your Service plan before it ends, you will still be responsible for paying any applicable fees for the remainder of the selected subscription period. All
fees are exclusive of taxes, levies, or duties imposed by taxing authorities; you are responsible for paying any such applicable tax. You acknowledge that the amount billed for the subscription may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to bill you for such varying amounts.
Pre-paid telephony or VoIP credit that you can use for outbound phone calls or phone number rental services has no cash value, is non-refundable and non-transferable, either. If your account or telephone number is terminated or suspended for any reason, you may not be able to use remaining telephony or VoIP credit. No refund of unused VoIP or telephony credit can be provided. Nor can remaining credit be transferred to another account, allocated against outstanding invoices, or used as payment for another service. In case of non-payment for any reason, KALA reserves the right to immediately bar the User’s access to the Services.
The term of these Terms of Service (“Term”) shall begin when you start using this Website or the Services and shall continue in perpetuity unless otherwise terminated by KALA or you by written notice. KALA reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of KALA’s trademarks, trade names, copyrights and other intellectual property. Upon termination of this agreement you will no longer be authorized to use this website or the services in any way. The term of these Terms of Service (“Term”) shall begin when you start using this Website or the Services and shall continue in perpetuity unless otherwise terminated by KALA or you by written notice. KALA reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of KALA’s trademarks, trade names, copyrights and other intellectual property. Upon termination of this agreement you will no longer be authorized to use this website or the services in any way.
Links to Other Sites and Third Party Materials
This Website may provide links to other websites and/or third party products and Services that are not under the control of KALA (together, “Third Party Materials”). KALA shall not be responsible in any way for the content of such Third Party Materials. KALA provides such links only for the convenience of the users of this Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by KALA of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials. For your convenience and to bring you the latest in communication innovations, KALA, through its Services provides you with third party voice and messaging application (“VMA”). You hereby
Language of the Terms of Service
Where KALA has provided you with a translation of the English language version of these Terms of Service into another language, you agree that the translation is provided for your convenience only and that the English language versions of these Terms of Service will govern your relationship with KALA. If there is any contradiction between the English language version of these Terms of Service and the translation, the English language version shall control.
Copyright, trademark and all other proprietary rights in the Website, Content (including but not limited to software, services, audio, video, text and photographs) and/or Services rest with KALA and/or its licensors. Unless otherwise specifically provided herein or authorized by KALA in writing, all rights in the Website, Content and/or Services not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, its products or Services. KALA hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. KALA disclaims any proprietary interests in the intellectual property rights other than their own. The Website uses Fonts licensed under the SIL Open Font License and Apache License, version 2.0. As between KALA and you, you shall own all intellectual property pertaining to your User Content,
including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. KALA does not claim ownership rights on your content. For the sole purpose of granting you the service,
You know and agree that we will need to upload your content to our platform, including cloud services and CDN’s, to make display adjustments and perform any other technical actions required.Image Terms
You are allowed to use Licensed Images on the site for which you license them (that is, a single KALA URL and the collection of domains pointing to it). However, purchasing a Licensed Image under these Image Terms does not convey any ownership rights in the underlying Licensed Images, and your usage rights are limited to only what is described here. If you would like to purchase additional licensing rights for Licensed Images (like offline or advertising use), you can purchase such rights directly from Shutterstock or other image stocks via their websites.
Warranties and Disclaimers
All content and/or services are provided “as is” and “as available.” KALA hereby expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this website, services or the content. KALA does not warrant or make any representations as to the security of this website, content or services. You acknowledge that any information sent may be intercepted in transmission or otherwise. KALA does not warrant that the
website, content or the servers which make this website available or electronic communications sent by KALA are free from viruses or any other harmful elements. Except as agreed by KALA in writing, contractors, agents, dealers or distributors of KALA or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties. The use of the services or the downloading or other use of any products through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. KALA assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the website or in connection with any services or products offered through the website. No advice or information whether oral or written, obtained by you from KALA or from the website shall create any warranty not expressly stated in the terms of service. This website may contain references to specific KALA products and services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. You understand and agree that by using this website and services contained therein, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the website, services and products at your own risk. In no event shall KALA or any of its affiliates be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption), under any theory of liability, resulting from, arising out of or in connection with the use of, or inability to use this website
or the content, products, services, the statements or actions of any third party on or through this website, any unauthorized access to or alteration of your transmission or data, any information that is sent or received, or not sent or received, any failure to store data, any loss of data, loss or damage to files, loss or damage to the content, any services available through the website that are delayed or interrupted, even if KALA has been advised of the possibility of such damages. any action brought against KALA pertaining to or in connection with this website must be commenced and notified to KALA in writing within one (1) year after the date the cause for action arose. Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
KALA may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice. Notwithstanding anything to the contrary in the foregoing, in no circumstances may KALA be
considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the KALA Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, KALA shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
KALA does not recommend the use of the KALA Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
You hereby warrant that: (i) all information provided by you to KALA in connection with the service is true, accurate, correct, and up to date; (ii) you have full power and authority to enter into the terms of service; (iii) you are of legal age to form a binding contract with KALA; (iv) you will seek all necessary governmental approvals required to effectuate these terms of service; (v) you shall perform all of your obligations under these terms of service in accordance with applicable laws; and (vi) your editorial,
text, graphic, audiovisual, and other content that is available to end users of this website and that is not provided by KALA, or this website do not (1) infringe any intellectual property rights of any third party, (2) constitute defamation, libel or obscenity, (3) result in any consumer fraud, product liability, breach of contract to which you are a party or cause injury to any third party, (4) promote violence or contain hate speech, (5) violate any applicable law, statute, ordinance, or regulations, or (6) contain
adult content or promote illegal activities. Any and all items downloaded or purchased from this Website is further subject to United States export controls. Thus, no product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or
the U.S. Commerce Department’s Table of Deny Orders. By downloading or using KALA’s Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You may from time to time provide suggestions, comments or other feedback to KALA with respect to any product, material, software or information provided by KALA (hereinafter “Feedback”). You agree
that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for KALA. However, KALA will not disclose the source of any feedback without notice to the providing party. KALA shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to any KALA Privacy Policies
posted on this Website.
Notice and Procedure for Making Claims of Copyright Infringement
It is KALA policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright
Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KALA Copyright Agent with the written information specified below. (Please note that
this procedure is exclusively for notifying KALA and its affiliates that your copyrighted material has been infringed.)
An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on this Website;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. KALA’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached
Repeat Infringer Policy In compliance with the Digital Millennium Copyright Act, it is KALA’s policy to terminate User
Accounts of those users who are considered by KALA, solely at its own discretion, Repeat Infringers. Repeat Infringers are users of KALA’s Website, [KALA Apps], and/or Service, known identified by their user names or another unique identifier, about whom we KALA has received more than one DMCA takedown notifications that resulted in the permanent removal of such User Content, posted at the direction of that user, from the Website, [KALA App], and/or Services. Please note that KALA may terminate a Repeat Infringer’s access to the Website, [KALA App], and Services at its sole discretion. However, nothing in this Repeat Infringer shall prohibit or constrain KALA from terminating a User Account or a user’s access to the Website, [KALA App], or Services at any time and for any reason.
You hereby acknowledge and agree that the particular circumstances surrounding each instance of claimed infringement may require a response from KALA tailored to that specific situation. Accordingly, KALA expressly reserves the right to terminate any User Accounts and access to the Website, KALA App, and Services of any user if, in its sole judgment and for any reason, we believe that circumstances relating to the infringement of third party intellectual property rights warrant such action, or any other reason.
Contests, Sweepstakes, Auctions, and Promotions From time to time, KALA may conduct promotions on or through the Website, including, without limitation, auctions, contests and sweepstakes which may be subject to additional terms and/or rules.
KALA may offer certain software, to be used in conjunction with the Services, for downloading from or through this Website (“Software”). Such Software shall be licensed subject to the terms of the applicable end use license agreement. Both the Software and any accompanying documentation made available through this Website are the copyrighted works of KALA. You must agree to the terms of the applicable end user license agreement prior to use of such Software. Except as otherwise specifically provided herein or in the applicable end user license agreement or as otherwise agreed by KALA in writing, you may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work, otherwise reverse engineer, or transfer the licensed program, or any subset of the Website, its products or services. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. Warranties, if any, with respect to such software shall only apply as expressly set forth in the applicable end user license agreement. KALA hereby expressly disclaims all further representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose or non-infringement with respect to the software. Without limiting the foregoing, KALA makes no warranty that: either the Services or Software will meet your requirements; either the Services or Software will be uninterrupted, timely, secure, or error-
free; results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; the quality of any Services or Software purchased or accessible by you through the Website will meet your expectations; any errors in the Services or Software, or any defects in the Website, Services or Software will be corrected.
Service and Software Updates
You recognize and agree to the condition that the Services will be updated and modified from time to time. These modifications may take the form of bug fixes, enhanced functions, new modules, changes in the user interface, conformity to new regulations, or other forms. Such updates and modifications can be made without advanced notice. If you download the Software, it may automatically download and install subsequent updates for such Software from KALA. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit KALA to deliver these to you) as part of your use of the Software.
Sections, at its sole discretion, at any time and for any reason, including, but not limited to material which in KALA’ opinion:
(A) may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
(B) may infringe any intellectual property or other right of any entity or person;
(C) may violate any applicable law or advocates illegal activity;
(D) advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
(E) disrupts the normal flow of dialogue or otherwise acts in a way which affects the ability of other people to engage in real time activities via KALA’s websites;
(F) includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
(G) violates any policy or regulation established from time to time regarding use of this Website or any networks connected to this Website; or
(H) contains links to other sites that contain the kind of content which falls within the descriptions set out in (A) to (G) above.
Unlawful or Prohibited Use
You may not use this Website or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website or Services in any manner that could damage, disable, overburden, or impair this Website or Services, or that interferes with any third party’s use and enjoyment of this Website or Services. You agree that you will not use any third-party software that intercepts, “mines”, or otherwise collects information from or through the Website or Services. You may not obtain or
attempt to obtain any materials or information through any means not intentionally made available by KALA to all users of this Website or Services. You shall not institute, assist, or become involved in an attack upon any KALA server or otherwise attempt to disrupt the KALA servers. Any attempt by you to damage KALA’s servers or undermine the legitimate operation of KALA is a violation of criminal and civil laws and, should such an attempt be made or assistance for such an attack be provided, KALA
reserves the right to seek damages from any such user to the fullest extent permitted by law. You may not submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive,
racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of KALA or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval. You may not upload to the KALA Services and/or User Platform or otherwise use them to design,
develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb,
web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the KALA Services or KALA’s systems or networks connected to the KALA Services, or otherwise interfere with or disrupt the operation of any of the KALA Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks. You may not use any of the KALA Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct,
or otherwise engage in unethical marketing or advertising. If we conclude that you’re violating any of these policies, or engaging in any other behavior we deem abusive or inappropriate, we may take action against your Account or Your Sites. We try to ensure fair outcomes, but in all cases we reserve the right to remove any content or suspend your Account or
Your Sites, without any refund of any amounts paid for the Services, without notice, at any time and for any reason. We reserve the right to enforce, or not enforce, this Acceptable Use Policy in our sole
You hereby agree to indemnify and hold harmless KALA, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
disclosures relating to the collection and use of your personal information in connection with your use of this Website. If you are a visitor, user or customer of any of our Users, please read the following: KALA has no
direct relationship with the individual Users-of-Users whose Personal Information it processes. If you are a visitor, user or customer of any of our Users, and would like to make any requests or queries regarding your Personal Information, please contact such User(s) directly. For example, if you wish to access, correct, amend, or delete inaccurate information processed by KALA on behalf of its Users, please direct your query to the relevant User (who is the “Controller” of such data). If requested to remove any Users-of-Users Personal Information, we will respond to such request within thirty (45) days.
Linking to this Website
Linking to this Website is permitted provided that you comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that KALA endorses or sponsors the linker or its website, products or services. You must not use KALA’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from KALA. Furthermore, you agree to remove the link at any time upon KALA’s request.
Ending Your Relationship with KALA
These Terms of Service will continue to apply until terminated by either you or KALA as set out below. If you want to terminate this legal agreement with KALA (i.e. these Terms of Service), you may do so by (a) notifying KALA at any time in writing at the address provided below and (b) closing your User Account. Your notice should be sent to email@example.com. KALA reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to KALA whatsoever. You are solely responsible for cancelling your User Account. You can cancel your User Account by selecting the appropriate option in your User Account interface. Upon termination of your User Account, your User Content will be deleted from the Website and Services.
Paid plans devolve to the free plan according to the process described above. If an instance of KALA on a free plan (either converted to a free plan or originally on a free plan) is completely inactive over the course of 30 days, it is ‘archived’, and it can be retrieved only by an administrator account (yourself or a user in the instance with administrator rights). To retrieve the account, an administrator simply needs to log in.
If no administrator logs in for another 15 days after the instance has been ‘archived’, the KALA instance will be deleted.
KALA may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without KALA’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
If this Website is not available for any period or any time, KALA shall not be liable. KALA gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to this Website or Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. KALA reserves the right to suspend the operation of the Services, this Website, or any part thereof. You agree that neither KALA nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.
KALA will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of KALA.
Agreement to Deal Electronically
All transactions with or through this Website or KALA may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via this Website. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
You acknowledge and agree that any violation or breach of these Terms of Service may cause KALA immediate and irreparable harm and damages. As a result, KALA has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to KALA in law or in equity, KALA may seek specific performance of any term in these Terms of Service.
These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules. You agree to the exclusive jurisdiction of the courts of the State of Texas, County of Harris, for any claim or cause of action arising out of, or
relating to or in connection with these Terms of Service or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by KALA.
KALA does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any country. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.
Copyright © 2019 KALA, Inc. All rights reserved. This Website and accompanying products and documentation are the copyrighted property of KALA, Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. KALA and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of KALA, Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the KALA or third party trademarks or logos without the prior written consent of KALA, Inc. or the applicable trademark owner is strictly prohibited.