KALOS.art License Agreement(s)
Terms of Service
Before accessing and using application or website of Kalos.art or services, you must read the specific the terms and conditions set forth below and in any modified or additional terms that Kalos.art may publish from time to time (collectively, the "Terms of Use")
If you have any objections regarding the terms of use of the Websites or Services, please refrain from using these.
Kalos.art may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of
Kalos.art to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
Registration
In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to the terms of the relevant Website/Service.
1.
The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should
Kalos.art have reasons to suspect it, Kalos.art reserves the right to suspend or cancel the User’s account.
2.
The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.
3.
The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account, he/she/it should immediately inform
Kalos.art.
4.
Kalos.art may suspend or cancel the User’s account if it considers that the User has breached these terms.
5.
Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use
Kalos.art if you are over the age at which you can provide consent to data processing under the laws of your country. Using
Kalos.art may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
Your Content
1.
Kalos.art allows users to post content, including photos, stories, comments, prompts, and other materials. Anything that you post or otherwise make available on
Kalos.art is referred to as "User Content" or "Your Content." You retain all rights in, and are solely responsible for, the Content you post to
Kalos.art.
When offering User Content,
Kalos.art acts as a mere intermediary between the User that downloads such content and who posted the contract , providing the User with the access, download and purchase to the User Content.
Kalos.art makes reasonable efforts in guaranteeing the lawfulness and quality of the User Content. However,
Kalos.art cannot monitor or control all Content uploaded by users. Therefore, the User acknowledges and agrees that
Kalos.art shall not be responsible for evaluating the originality, the non-infringement of third-party rights or the lawfulness of Collaborator Content and that
Kalos.art does not guarantee nor is liable in respect of any such contents, except for those cases expressly provided in the applicable regulations.
1.
For any image, text, or any other content that you upload or post to
Kalos.art (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii)
Kalos.art will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.
2.
By uploading Your Content, you grant
Kalos.art a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
3.
You may not upload, post, or transmit any image, text, or other content that:
◦ Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
◦ Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
◦ Exploits minors;
◦ Depicts unlawful or violent acts;
◦ Depicts animal cruelty or violence towards animals;
◦ Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
◦ Violates any law, statute, or regulation.
4.
You may not use any
Kalos.art Content for any purpose without first obtaining a license to use such
Kalos.art Content. Any use of
Kalos.art Content by you shall be governed by the applicable license agreement separately entered into between you and
Kalos.art . Displaying and/or distributing to the public any watermarked or unlicensed
Kalos.art Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
Your Content posted for selling
Once agree to sell your post on Kalos.Art,
1.
You appoint us as your non-exclusive distributor to sell (that is, to license or sub-license) your Items on Kalos.Art to subscribers worldwide on a non-exclusive basis. All sales of your items are made by us for you and at your direction.
2.
You grant us the worldwide rights:
a. to market your Items, including by reproducing, publishing, displaying, communicating and publicly performing your Items on the Kalos.Art site, other sites operated by the Kalos.Art Companies, and in marketing and promotions about Kalos.Art and
b. to make use of your Items on our other sites and in our other products and services;
c. to sub-license the non-exclusive rights to use the Items to purchasers on the terms of the License for Purchased download on Kalos.Art (as amended from time to time);
d. to sub-license the non-exclusive rights to reproduce, modify, copy, publicly perform, communicate, display, broadcast, translate and transmit the Items in any format or media to enterprise subscribers of Kalos.Art.
3.
In most circumstances we will try to credit you if we use your Item in marketing and promotions, but this might not always be feasible depending on the situation.
4.
You contribute your Items on a non-exclusive basis. This means that nothing in these terms affects your right to use or sell your Items outside of Kalos.Art .
Intellectual Property
1.
All content on this Site, including but not limited to Images, Footage, Music, and related metadata, as well as the selection and arrangement of the
Kalos.art Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any
Kalos.art Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and
Kalos.art ,
Kalos.art does not grant any express or implied permission to use the Site or any
Kalos.art Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any
Kalos.art Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or
Kalos.art Content.
2.
Unless you enter into a license agreement with
Kalos.art you may not download, distribute, display and/or copy any
Kalos.art Content.
3.
You may not remove any watermarks or copyright notices contained in the
Kalos.art Content.
4.
The Content uploaded by users are protected by intellectual property rights, as appropriate, and belong to their owners.
Kalos.art is not the owner and cannot grant any license or authorization in relation to User Content. The User must obtain authorizations that are, in each case, required to use any user Content.
5.
If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to the
Kalos.art.
Limitations
You agree that you shall not:
●
Engage in any conduct that shall constitute a violation of any law or that infringes the rights of
Kalos.art or any third party.
●
Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
●
Violate the rights of
Kalos.art or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Restriction and Termination of Use
Kalos.art may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or
Kalos.art Content at any time in discretion of
Kalos.art, without prior notice or liability to you. Any conduct by you that, in sole discretion of
Kalos.art, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
Indemnification
You agree to defend, indemnify and hold harmless
Kalos.art, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the
Kalos.art Content, or your violation of any rights of another.