KALIA STUDIO
IMPORTANT: PLEASE READ ALL OF THE FOLLOWING TERMS OF SERVICE (THESE "TERMS") CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE (BUT ARE NOT LIMITED TO) VARIOUS LIMITATIONS AND EXCLUSIONS, A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Kalia Studio provides an online platform showcasing the company's creative design services and related offerings (the "Platform" as further defined below). The Platform may also serve as an e-commerce site for select Kalia Studio merchandise. The Platform can be accessed through websites, mobile applications, or other means.
These Terms encompass not only the following Terms of Service but also incorporate by reference all policies, guidelines, special or supplemental terms and conditions of use or service posted by us on the Platform from time to time. Our Privacy Policy, available at [Privacy Policy URL], outlines how Kalia Studio collects and uses your information in relation to your use of our Platform and related products or services.
By accessing, browsing, submitting information to or through the Platform, or using any service offered on or through this Platform, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms without modification, you are not authorized to access or use this Platform.
Any individual visiting or using this Platform is referred to as a User. In these Terms, "You", "you", "Your", or "your" refers to Users. If you accept or agree to these Terms on behalf of a company or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
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Acknowledgments and Disclaimers
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Explanation of the Platform
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Kalia Studio may offer an online interactive and informational website, the Platform, which provides insights into the company's design services and related offerings. The Platform might also include e-commerce features and links to affiliated dealers, distributors, and partners. However, you understand that the Platform is provided for informational purposes only.
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1. Disclaimers
NEITHER WE NOR ANY OF OUR THIRD-PARTY LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ANY ASPECT OF THE PLATFORM. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MORE. WE DO NOT GUARANTEE THAT THE PLATFORM WILL FUNCTION AS DESCRIBED, BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
IN NO EVENT WILL KALIA STUDIO BE LIABLE FOR DAMAGES ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THEM, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
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Modification of Platform or Terms
Kalia Studio reserves the right to modify the Platform or these Terms at any time without prior notice. Your continued use of the Platform after any modifications indicates your acceptance of the updated Terms.
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User Eligibility
Access to the Platform is intended for individuals aged 18 or older. Use of the Platform by anyone under 18 is prohibited. By using the Platform, you confirm that you are at least 18 years old.
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Accounts
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Registration, Profile, and User Content
To access certain features, you may need to create an Account. Your Account profile will be based on the User Content you provide. You authorize us to use this information to create an Account for you. You are responsible for your Account's confidentiality and activities conducted under it.
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Limitation, Suspension, Termination, and Cancellation of Accounts
Each User may have only one Account. Kalia Studio may limit, suspend, deactivate, or cancel your Account at its discretion, with or without cause, and without notice. You can cancel your Account anytime or contact us for assistance.
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Kalia Studio Communications
We may communicate with you through various means, including email, text, telephone calls, and push notifications, regarding your use of the Platform or our services.
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Orders, Returns, and Financial Terms
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Placing Orders
If the Platform offers Kalia Studio Goods for purchase, registered Users may place orders. We may accept, refuse, or cancel orders at our discretion.
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Payments and Authorizations
You agree to pay all fees associated with the services. Payment details must be provided as required. You authorize us to charge your payment method for any purchases or fees.
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Shipping
Shipping charges and delivery dates may be displayed during your order. We determine the shipping carrier based on your location.
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Returns
All sales are final unless stated otherwise. For concerns, contact us within five days of receiving your order. We aim to resolve issues promptly.
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Promotions
Kalia Studio may offer Promotions at its discretion. Different Users may receive different Promotions. Promotions do not alter these Terms or your relationship with us.
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User Conduct
You are responsible for complying with applicable laws while using the Platform. Prohibited actions include violating laws, unauthorized access, and distributing objectionable content. We reserve the right to investigate and take action against violations.
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Intellectual Property and User License Agreement
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General Intellectual Property Provisions
The Platform is safeguarded by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Platform, Services, and Kalia Studio Content, including all associated Intellectual Property Rights, are the exclusive property of Kalia Studio and its licensors (hereinafter "Kalia Studio Intellectual Property"). You shall not alter, remove, or obscure any copyright, trademark, service mark, or other proprietary rights notices found on the Platform or Collective Content. All trademarks, trade names, and identifiers of Kalia Studio used on or in connection with the Platform are trademarks or registered trademarks of Kalia Studio. Any third-party trademarks, trade names, and identifiers used on or in connection with the Platform are solely for identification purposes and remain the property of their respective owners.
None of these Terms grants, transfers, or conveys, nor should they be construed as granting, transferring, or conveying to any User or third party any right, title, or interest in Kalia Studio Intellectual Property. No User or other party may utilize Kalia Studio Intellectual Property without obtaining our prior written consent, which we may withhold at our sole discretion.
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Non-Assertion
By agreeing to these Terms, you pledge not to assert, and you shall neither authorize nor encourage any third party to assert, any claim against us or any of our affiliates, business partners, licensors, licensees, or transferees, regarding patent infringement or any other Intellectual Property infringement in connection with the Platform.
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Kalia Studio License
Kalia Studio hereby grants Users a limited, non-exclusive, non-transferable right and license to (i) access and utilize the Platform; (ii) access and view any Kalia Studio Content solely for your use of the Platform, and (iii) access and view any User Content to which you have access, solely for your use of the Platform. You are not authorized to sublicense the license rights granted in this section. Except as expressly permitted in these Terms, you shall not use, copy, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or exploit the Platform or Collective Content. No licenses or rights are implied or granted to you in connection with Kalia Studio Intellectual Property, except for the licenses and rights explicitly granted in these Terms.
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User Content License
Subject to our sole discretion, Kalia Studio may permit you to post, upload, publish, submit, or transmit User Content. By sharing User Content on or through the Platform, you hereby grant Kalia Studio a worldwide, irrevocable, perpetual (or for the protection term), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, create derivative works (as defined in 17 U.S.C. § 101), and otherwise exploit such User Content to promote or market the Platform. While Kalia Studio does not claim ownership rights to any User Content, any derivative works resulting from User Content created or authored by Kalia Studio shall become the property of the Company.
You acknowledge and confirm that you are solely responsible for all User Content you make available through the Platform. By doing so, you represent and warrant that you either are the exclusive owner of the User Content or possess all necessary rights, licenses, consents, and releases to grant Kalia Studio the rights in such User Content, as outlined in these Terms.
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Suggestions
If you provide any suggested improvements to the Platform or its features (each a "Suggestion" and collectively "Suggestions"), you hereby assign to Kalia Studio all right, title, and interest (including Intellectual Property Rights) in and to any Suggestion, even if you have designated it as confidential or proprietary. Kalia Studio is entitled to exploit any Suggestion without limitation.
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Notice of Alleged Infringement
If you are an intellectual property owner or authorized to act on their behalf, please report alleged infringements on or through the Platform by submitting a complete Notice of Alleged Infringement to Kalia Studio. Upon receiving the Notice, Kalia Studio will take appropriate action, including removing the alleged infringing content.
Please provide your mailing address, telephone number, and email address (if available).
Identify the intellectual property you claim has been infringed, and include relevant documentation if applicable.
Identify the alleged infringing material, including URLs.
Provide your full legal name and affirm your statement's accuracy under penalty of perjury.
Deliver the complete Notice of Alleged Infringement to contact@kingafa.com
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Affiliate Marketing; Third Party Websites, Applications, Links, and Resources
The Platform may include connections to or interactions with third-party websites or resources, such as social media sites and payment processors. You recognize and agree that Kalia Studio is not accountable for (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services accessible from such websites or resources.
AFFILIATE MARKETING DISCLAIMER: Furthermore, on occasion, we may furnish links through the Platform to specific third-party products and services, and those links might be affiliate links. In the event that you click on these links and opt to make a purchase from such third parties, we may, in certain instances, earn a small commission from the third party. This commission is paid to us by the third party, and you won't incur any additional charges.
Links to such external websites or resources do not suggest any endorsement by Kalia Studio of those third-party websites or resources, or the products, content, or services available through them. You assume sole responsibility and accept all risks stemming from your usage of these external websites or resources, as well as any content, products, or services found on or accessible from them.
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Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE PLATFORM, AS WELL AS ANY FEATURE OR SERVICE OFFERED THROUGH THE PLATFORM, ARE AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KALIA STUDIO NOR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, OR AFFILIATES SHALL BE LIABLE TO ANY USER, GUEST, OR OTHER INDIVIDUAL FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. THESE MAY INCLUDE DAMAGES SUCH AS LOSS OF PROFITS, GOODWILL, USE, FILES, DATA, CONTENT, BUSINESS, OPPORTUNITIES, REVENUES, ANTICIPATED SAVINGS, OR OTHER SIMILAR DAMAGES. THIS APPLIES EVEN IF KALIA STUDIO OR THE MENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, THIS LIMITATION EXTENDS TO DAMAGES ARISING FROM BODILY INJURY OR EMOTIONAL DISTRESS CONNECTED TO THE PLATFORM. THIS INCLUDES DAMAGES ARISING FROM (I) ACCESS TO OR USE OF THE SYSTEM OR ANY SERVICE IN VIOLATION OF THESE TERMS OR ANY APPLICABLE LAWS, (II) THE INTERRUPTION OF ANY KALIA STUDIO SERVICE OR OTHER SERVICE, (III) THE ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE, ANY CONTENT OR MATERIALS, (IV) THE COST OF SECURING SUBSTITUTE SERVICES OR CONTENT, OR (V) ANY DAMAGES ARISING FROM THE ACCESS TO OR USE OF ANY CONTENT OR MATERIALS.
IF, DESPITE THE PROVISIONS STATED ABOVE, KALIA STUDIO (OR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, THIRD-PARTY LICENSORS, OR SUPPLIERS) IS FOUND LIABLE FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER, THE AGGREGATE LIABILITY OF KALIA STUDIO SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PARTICULAR SERVICES THAT GAVE RISE TO THE CLAIM. THIS LIMITATION IS APPLICABLE REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE AFOREMENTIONED LIMITATIONS AND EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, CERTAIN EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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Indemnification
You agree to and are obligated to indemnify, defend, and hold harmless Kalia Studio and its third-party suppliers or licensors, our business partners, and our respective employees, officers, directors, managers, and representatives (each referred to as an "Indemnitee" and collectively as the "Indemnitees"). This indemnification must be maintained at all times and covers any and all losses, damages, liabilities, judgments, penalties, fines, costs, and expenses (including attorneys' fees and court costs) that any of the Indemnitees might incur due to a third-party claim, action, suit, or proceeding related to (i) unauthorized use or access to the Platform by you or any other person, (ii) Content, including claims related to third-party rights or the use, development, design, manufacture, production, advertising, promotion, or marketing of User Content, (iii) any breach by you or any other person of these Terms, including any representations and warranties, or (iv) any acts, omissions, or misconduct on your part or on the part of any other person using or accessing the Platform.
We will promptly inform you of any claims that we are aware of and believe to be subject to indemnification under this section. However, our failure to promptly notify you will not affect your obligations to indemnify us, unless such delay materially impairs your ability to defend the claim. You retain the right to defend against any such claim with your chosen counsel, provided they are free from conflicts of interest. You may also settle such claims as you see fit, as long as you do not do so without Kalia Studio's prior written consent (which we may withhold at our sole discretion). We may choose to assume control of the defense and settlement of any claim at any time.
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Dispute Resolution
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Arbitration
Both you and Kalia Studio acknowledge that any disputes, claims, or controversies arising from or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Platform (collectively, "Disputes"), shall be resolved through binding arbitration. However, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to address or prevent actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights. By agreeing to these Terms, you also acknowledge that you are waiving the right to participate in a jury trial or in any class action lawsuit, class-wide arbitration, private attorney general action, or any other form of representative proceeding. Furthermore, unless both parties agree in writing, the arbitrator will not consolidate more than one individual's claims and will not preside over any form of class or representative proceeding.
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Rules and Governing Law
The inclusion of this arbitration clause in these Terms denotes that it pertains to interstate commerce, and therefore the Federal Arbitration Act governs its interpretation and enforcement. The arbitration process will be administered by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The AAA Rules in effect at the time of the dispute will apply, except for any modifications stipulated in this "Dispute Resolution" section. The AAA Rules are available at www.adr.org/Rules. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
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Process
To initiate arbitration, the party desiring to do so must deliver a written Demand for Arbitration to the other party, as specified in the AAA Rules. (The AAA provides a template for this Demand for Arbitration.) The arbitrator will be a retired judge or attorney licensed to practice law in the state of California, chosen by both parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree on an arbitrator within seven days of delivering the Demand for Arbitration, the AAA will appoint the arbitrator in accordance with its rules.
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Location and Procedure
Unless both parties agree otherwise, the arbitration will be conducted in California, United States. For claims under $10,000, the arbitration will be based solely on documents submitted to the arbitrator, unless a hearing is requested or the arbitrator deems it necessary. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. The arbitrator may exercise discretion in directing a reasonable exchange of information between the parties, taking into account the expedited nature of arbitration.
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Decision
The arbitrator will render an award within the timeframe specified by the AAA Rules. The arbitrator's decision will include essential findings and conclusions supporting the award. The arbitration award may be entered as a judgment in any court with jurisdiction. The arbitrator's award for damages must align with the terms of the "Limitation of Liability" section above, including the types and amounts of damages for which a party may be held liable. The arbitrator may grant declaratory or injunctive relief only to the claimant and to the extent necessary to provide relief consistent with the claimant's individual claim. If you prevail in arbitration, you may be entitled to attorneys' fees and expenses as permitted by applicable law.
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Fees
As specified in the AAA Rules, you are responsible for any AAA filing, administrative, and arbitrator fees.
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Changes
Even if these Terms contain a "Modification" section, if Kalia Studio alters this "Dispute Resolution" section after you initially accept these Terms (or any subsequent changes to these Terms), you may reject such changes. To reject changes, you must notify us in writing (including by email) within 30 days of the effective date of the change, as indicated in the "Last Updated" date above or in the date of our email informing you of the change. By rejecting changes, you are
Terms of Service
KALIA STUDIO
IMPORTANT: PLEASE READ ALL OF THE FOLLOWING TERMS OF SERVICE (THESE "TERMS") CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE (BUT ARE NOT LIMITED TO) VARIOUS LIMITATIONS AND EXCLUSIONS, A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Kalia Studio provides an online platform showcasing the company's creative design services and related offerings (the "Platform" as further defined below). The Platform may also serve as an e-commerce site for select Kalia Studio merchandise. The Platform can be accessed through websites, mobile applications, or other means.
These Terms encompass not only the following Terms of Service but also incorporate by reference all policies, guidelines, special or supplemental terms and conditions of use or service posted by us on the Platform from time to time. Our Privacy Policy, available at [Privacy Policy URL], outlines how Kalia Studio collects and uses your information in relation to your use of our Platform and related products or services.
By accessing, browsing, submitting information to or through the Platform, or using any service offered on or through this Platform, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms without modification, you are not authorized to access or use this Platform.
Any individual visiting or using this Platform is referred to as a User. In these Terms, "You", "you", "Your", or "your" refers to Users. If you accept or agree to these Terms on behalf of a company or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
-
Acknowledgments and Disclaimers
-
Explanation of the Platform
-
Kalia Studio may offer an online interactive and informational website, the Platform, which provides insights into the company's design services and related offerings. The Platform might also include e-commerce features and links to affiliated dealers, distributors, and partners. However, you understand that the Platform is provided for informational purposes only.
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1. Disclaimers
NEITHER WE NOR ANY OF OUR THIRD-PARTY LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ANY ASPECT OF THE PLATFORM. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MORE. WE DO NOT GUARANTEE THAT THE PLATFORM WILL FUNCTION AS DESCRIBED, BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
IN NO EVENT WILL KALIA STUDIO BE LIABLE FOR DAMAGES ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THEM, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
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Modification of Platform or Terms
Kalia Studio reserves the right to modify the Platform or these Terms at any time without prior notice. Your continued use of the Platform after any modifications indicates your acceptance of the updated Terms.
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User Eligibility
Access to the Platform is intended for individuals aged 18 or older. Use of the Platform by anyone under 18 is prohibited. By using the Platform, you confirm that you are at least 18 years old.
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Accounts
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Registration, Profile, and User Content
To access certain features, you may need to create an Account. Your Account profile will be based on the User Content you provide. You authorize us to use this information to create an Account for you. You are responsible for your Account's confidentiality and activities conducted under it.
-
Limitation, Suspension, Termination, and Cancellation of Accounts
Each User may have only one Account. Kalia Studio may limit, suspend, deactivate, or cancel your Account at its discretion, with or without cause, and without notice. You can cancel your Account anytime or contact us for assistance.
-
Kalia Studio Communications
We may communicate with you through various means, including email, text, telephone calls, and push notifications, regarding your use of the Platform or our services.
-
Orders, Returns, and Financial Terms
-
Placing Orders
If the Platform offers Kalia Studio Goods for purchase, registered Users may place orders. We may accept, refuse, or cancel orders at our discretion.
-
Payments and Authorizations
You agree to pay all fees associated with the services. Payment details must be provided as required. You authorize us to charge your payment method for any purchases or fees.
-
Shipping
Shipping charges and delivery dates may be displayed during your order. We determine the shipping carrier based on your location.
-
Returns
All sales are final unless stated otherwise. For concerns, contact us within five days of receiving your order. We aim to resolve issues promptly.
-
Promotions
Kalia Studio may offer Promotions at its discretion. Different Users may receive different Promotions. Promotions do not alter these Terms or your relationship with us.
-
User Conduct
You are responsible for complying with applicable laws while using the Platform. Prohibited actions include violating laws, unauthorized access, and distributing objectionable content. We reserve the right to investigate and take action against violations.
-
Intellectual Property and User License Agreement
-
General Intellectual Property Provisions
The Platform is safeguarded by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Platform, Services, and Kalia Studio Content, including all associated Intellectual Property Rights, are the exclusive property of Kalia Studio and its licensors (hereinafter "Kalia Studio Intellectual Property"). You shall not alter, remove, or obscure any copyright, trademark, service mark, or other proprietary rights notices found on the Platform or Collective Content. All trademarks, trade names, and identifiers of Kalia Studio used on or in connection with the Platform are trademarks or registered trademarks of Kalia Studio. Any third-party trademarks, trade names, and identifiers used on or in connection with the Platform are solely for identification purposes and remain the property of their respective owners.
None of these Terms grants, transfers, or conveys, nor should they be construed as granting, transferring, or conveying to any User or third party any right, title, or interest in Kalia Studio Intellectual Property. No User or other party may utilize Kalia Studio Intellectual Property without obtaining our prior written consent, which we may withhold at our sole discretion.
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Non-Assertion
By agreeing to these Terms, you pledge not to assert, and you shall neither authorize nor encourage any third party to assert, any claim against us or any of our affiliates, business partners, licensors, licensees, or transferees, regarding patent infringement or any other Intellectual Property infringement in connection with the Platform.
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Kalia Studio License
Kalia Studio hereby grants Users a limited, non-exclusive, non-transferable right and license to (i) access and utilize the Platform; (ii) access and view any Kalia Studio Content solely for your use of the Platform, and (iii) access and view any User Content to which you have access, solely for your use of the Platform. You are not authorized to sublicense the license rights granted in this section. Except as expressly permitted in these Terms, you shall not use, copy, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or exploit the Platform or Collective Content. No licenses or rights are implied or granted to you in connection with Kalia Studio Intellectual Property, except for the licenses and rights explicitly granted in these Terms.
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User Content License
Subject to our sole discretion, Kalia Studio may permit you to post, upload, publish, submit, or transmit User Content. By sharing User Content on or through the Platform, you hereby grant Kalia Studio a worldwide, irrevocable, perpetual (or for the protection term), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, create derivative works (as defined in 17 U.S.C. § 101), and otherwise exploit such User Content to promote or market the Platform. While Kalia Studio does not claim ownership rights to any User Content, any derivative works resulting from User Content created or authored by Kalia Studio shall become the property of the Company.
You acknowledge and confirm that you are solely responsible for all User Content you make available through the Platform. By doing so, you represent and warrant that you either are the exclusive owner of the User Content or possess all necessary rights, licenses, consents, and releases to grant Kalia Studio the rights in such User Content, as outlined in these Terms.
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Suggestions
If you provide any suggested improvements to the Platform or its features (each a "Suggestion" and collectively "Suggestions"), you hereby assign to Kalia Studio all right, title, and interest (including Intellectual Property Rights) in and to any Suggestion, even if you have designated it as confidential or proprietary. Kalia Studio is entitled to exploit any Suggestion without limitation.
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Notice of Alleged Infringement
If you are an intellectual property owner or authorized to act on their behalf, please report alleged infringements on or through the Platform by submitting a complete Notice of Alleged Infringement to Kalia Studio. Upon receiving the Notice, Kalia Studio will take appropriate action, including removing the alleged infringing content.
Please provide your mailing address, telephone number, and email address (if available).
Identify the intellectual property you claim has been infringed, and include relevant documentation if applicable.
Identify the alleged infringing material, including URLs.
Provide your full legal name and affirm your statement's accuracy under penalty of perjury.
Deliver the complete Notice of Alleged Infringement to contact@kingafa.com
-
Affiliate Marketing; Third Party Websites, Applications, Links, and Resources
The Platform may include connections to or interactions with third-party websites or resources, such as social media sites and payment processors. You recognize and agree that Kalia Studio is not accountable for (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services accessible from such websites or resources.
AFFILIATE MARKETING DISCLAIMER: Furthermore, on occasion, we may furnish links through the Platform to specific third-party products and services, and those links might be affiliate links. In the event that you click on these links and opt to make a purchase from such third parties, we may, in certain instances, earn a small commission from the third party. This commission is paid to us by the third party, and you won't incur any additional charges.
Links to such external websites or resources do not suggest any endorsement by Kalia Studio of those third-party websites or resources, or the products, content, or services available through them. You assume sole responsibility and accept all risks stemming from your usage of these external websites or resources, as well as any content, products, or services found on or accessible from them.
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Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE PLATFORM, AS WELL AS ANY FEATURE OR SERVICE OFFERED THROUGH THE PLATFORM, ARE AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KALIA STUDIO NOR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, OR AFFILIATES SHALL BE LIABLE TO ANY USER, GUEST, OR OTHER INDIVIDUAL FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. THESE MAY INCLUDE DAMAGES SUCH AS LOSS OF PROFITS, GOODWILL, USE, FILES, DATA, CONTENT, BUSINESS, OPPORTUNITIES, REVENUES, ANTICIPATED SAVINGS, OR OTHER SIMILAR DAMAGES. THIS APPLIES EVEN IF KALIA STUDIO OR THE MENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, THIS LIMITATION EXTENDS TO DAMAGES ARISING FROM BODILY INJURY OR EMOTIONAL DISTRESS CONNECTED TO THE PLATFORM. THIS INCLUDES DAMAGES ARISING FROM (I) ACCESS TO OR USE OF THE SYSTEM OR ANY SERVICE IN VIOLATION OF THESE TERMS OR ANY APPLICABLE LAWS, (II) THE INTERRUPTION OF ANY KALIA STUDIO SERVICE OR OTHER SERVICE, (III) THE ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE, ANY CONTENT OR MATERIALS, (IV) THE COST OF SECURING SUBSTITUTE SERVICES OR CONTENT, OR (V) ANY DAMAGES ARISING FROM THE ACCESS TO OR USE OF ANY CONTENT OR MATERIALS.
IF, DESPITE THE PROVISIONS STATED ABOVE, KALIA STUDIO (OR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, THIRD-PARTY LICENSORS, OR SUPPLIERS) IS FOUND LIABLE FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER, THE AGGREGATE LIABILITY OF KALIA STUDIO SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PARTICULAR SERVICES THAT GAVE RISE TO THE CLAIM. THIS LIMITATION IS APPLICABLE REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE AFOREMENTIONED LIMITATIONS AND EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, CERTAIN EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
-
Indemnification
You agree to and are obligated to indemnify, defend, and hold harmless Kalia Studio and its third-party suppliers or licensors, our business partners, and our respective employees, officers, directors, managers, and representatives (each referred to as an "Indemnitee" and collectively as the "Indemnitees"). This indemnification must be maintained at all times and covers any and all losses, damages, liabilities, judgments, penalties, fines, costs, and expenses (including attorneys' fees and court costs) that any of the Indemnitees might incur due to a third-party claim, action, suit, or proceeding related to (i) unauthorized use or access to the Platform by you or any other person, (ii) Content, including claims related to third-party rights or the use, development, design, manufacture, production, advertising, promotion, or marketing of User Content, (iii) any breach by you or any other person of these Terms, including any representations and warranties, or (iv) any acts, omissions, or misconduct on your part or on the part of any other person using or accessing the Platform.
We will promptly inform you of any claims that we are aware of and believe to be subject to indemnification under this section. However, our failure to promptly notify you will not affect your obligations to indemnify us, unless such delay materially impairs your ability to defend the claim. You retain the right to defend against any such claim with your chosen counsel, provided they are free from conflicts of interest. You may also settle such claims as you see fit, as long as you do not do so without Kalia Studio's prior written consent (which we may withhold at our sole discretion). We may choose to assume control of the defense and settlement of any claim at any time.
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Dispute Resolution
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Arbitration
Both you and Kalia Studio acknowledge that any disputes, claims, or controversies arising from or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Platform (collectively, "Disputes"), shall be resolved through binding arbitration. However, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to address or prevent actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights. By agreeing to these Terms, you also acknowledge that you are waiving the right to participate in a jury trial or in any class action lawsuit, class-wide arbitration, private attorney general action, or any other form of representative proceeding. Furthermore, unless both parties agree in writing, the arbitrator will not consolidate more than one individual's claims and will not preside over any form of class or representative proceeding.
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Rules and Governing Law
The inclusion of this arbitration clause in these Terms denotes that it pertains to interstate commerce, and therefore the Federal Arbitration Act governs its interpretation and enforcement. The arbitration process will be administered by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The AAA Rules in effect at the time of the dispute will apply, except for any modifications stipulated in this "Dispute Resolution" section. The AAA Rules are available at www.adr.org/Rules. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
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Process
To initiate arbitration, the party desiring to do so must deliver a written Demand for Arbitration to the other party, as specified in the AAA Rules. (The AAA provides a template for this Demand for Arbitration.) The arbitrator will be a retired judge or attorney licensed to practice law in the state of California, chosen by both parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree on an arbitrator within seven days of delivering the Demand for Arbitration, the AAA will appoint the arbitrator in accordance with its rules.
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Location and Procedure
Unless both parties agree otherwise, the arbitration will be conducted in California, United States. For claims under $10,000, the arbitration will be based solely on documents submitted to the arbitrator, unless a hearing is requested or the arbitrator deems it necessary. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. The arbitrator may exercise discretion in directing a reasonable exchange of information between the parties, taking into account the expedited nature of arbitration.
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Decision
The arbitrator will render an award within the timeframe specified by the AAA Rules. The arbitrator's decision will include essential findings and conclusions supporting the award. The arbitration award may be entered as a judgment in any court with jurisdiction. The arbitrator's award for damages must align with the terms of the "Limitation of Liability" section above, including the types and amounts of damages for which a party may be held liable. The arbitrator may grant declaratory or injunctive relief only to the claimant and to the extent necessary to provide relief consistent with the claimant's individual claim. If you prevail in arbitration, you may be entitled to attorneys' fees and expenses as permitted by applicable law.
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Fees
As specified in the AAA Rules, you are responsible for any AAA filing, administrative, and arbitrator fees.
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Changes
Even if these Terms contain a "Modification" section, if Kalia Studio alters this "Dispute Resolution" section after you initially accept these Terms (or any subsequent changes to these Terms), you may reject such changes. To reject changes, you must notify us in writing (including by email) within 30 days of the effective date of the change, as indicated in the "Last Updated" date above or in the date of our email informing you of the change. By rejecting changes, you are