Terms and Conditions
Kala Brand Music Co.
Welcome to Kala! Kala is proud to provide musicians throughout the world with exceptional quality ukuleles and guitars.
You may not use the Site if you are under the age of 13 without parental/guardian consent, and hereby represent and warrant that you are not under the age of 13 or that you have parental/guardian consent.
Limited License. Use of the Site and the products and services offered by the Site, are only for your personal, non-commercial use. You may access and view the content on the Site, including but not limited to the Learn To Play tutorial videos, and make single copies or prints of the content on the Site, at your own risk and for your personal, non-commercial, and internal use only. You may not use the Site for commercial purposes or in any way that is unlawful, harassing, or intimidating, or harms us or any other person or entity, as determined in our sole discretion.
Prohibited Use. Any commercial or promotional copying, distribution, publishing, or exploitation of the Site, or any content, videos, code, data, or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Kala or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the content, code, data, or other materials on or made available through the Site (this includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 5 below) or any other proprietary content or proprietary rights). If you make use of the Site, or the content, code, data, or materials thereon, except as otherwise explicitly permitted above, you may be subject to liability for such unauthorized use, including, without limitation, for violations of copyright, trademark, and other applicable laws.
Trademarks. The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Site, or on content available through the Site, are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Site without our written permission or that of the third party rights holder.
By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way; and (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, or that you have the copyright owner’s written permission to use any Submitted Materials.
You retain ownership of any intellectual property rights you have in your own Submitted Materials, but, by uploading Submitted Materials to the Site, you are giving Kala the right to use the Submitted Materials in any form that it may desire. More specifically, by uploading Submitted Materials to the Site, you are granting Kala and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sub-licensable right and license to use, host, store, copy, reproduce, modify, adapt, print, publish, translate, create derivative works or new works such as translations from, distribute, publish, publicly perform, display, and distribute such content (in whole or part), and/or to incorporate the content in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes, and to authorize others to do so.
Kala will not accept responsibility for any information included in any Submitted Materials created, transmitted, or posted by users (for example, without limitation, websites, tweets, blog posts, or any comments to blog posts created or posted by users). Such content is the sole responsibility of the individual or entity that makes it available on the Site. You alone are responsible for the content and consequences of any and all of your activities, and you submit Submitted Materials at your own risk. You don’t have any claims against Kala for any Submitted Materials. We also cannot be responsible for maintaining any Submitted Materials that you provide to us. We may delete or destroy any Submitted Materials at any time, in our sole discretion.
Kala will take down all content that violates another’s rights, including their copyrights, pursuant to the provisions of our Copyright Notice.
Kala assumes no responsibility for intellectual property infringement of Submitted Materials by third parties.
8. Laser Etch Service Orders. By processing and submitting your laser etch service order on the Kala Site, you:
a. Represent and warrant that you shall not use the laser etch service offered by Kala to infringe the intellectual property rights of others in any way, including any intellectual property rights in images, fonts, and the like that may be uploaded by you to Kala’s online service. You will be solely and fully responsible for any claims or other losses arising out of your actual or alleged infringement of any such rights. In addition, and without limitation, Kala reserves the right, with or without notice, to terminate forthwith the account of any user who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the Site, if any;
b. Represent and warrant to Kala, its officers, directors, employees, agents, successors, subsidiaries, agents, distributors, affiliates, and third parties providing information or services on the Site (collectively, the “Kala Parties”), that with regard to all text or images that you submit, you own and possess all rights or own sufficient rights of third parties necessary to copy, produce, print, imprint, or etch each and every instrument, case, accessory, or any other item and portion thereof; and
If you choose to pay by credit or debit cards, our customer checkout form requires billing information that corresponds with your credit/debit card to protect us and the public against credit card fraud. Kala uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline security methods in our physical facilities.
Subject to the Warranty provisions of our Site, we offer refunds for items purchased on our Site if returned within 30 days from the date of delivery. If there is a physical problem with the product, please contact firstname.lastname@example.org.
Kala will make every effort to ship any items purchased through the Site from our offices in Petaluma, California, United States of America, as quickly as possible from the date of payment. All packages are sent via United States Postal Service, FedEx, or United Parcel Service dependent upon weight and area of service. Shipping fees are calculated based on location of delivery.
15. Learn To Play Membership Service. You may become a member at no charge of our Learn To Play program. As a member, you’ll get full access to Kala’s exclusive online video tutorials, and will also have access to exclusive deals and discounts. You may only register for the Kala Learn To Play Membership Service if, and you hereby represent and warrant that, you are 18 years old or older. There is no minimum membership term and you can cancel your membership at any time by logging in to your Learn To Play account. You will not be charged for cancellation.
3. Passwords. You acknowledge and agree that any login, identifier, or password issued in connection with the Site (each a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Kala immediately of any unauthorized use of any Password that is not issued directly to you or approved by Kala.
4. Use of Personal Data Collected Through the Site. Kala uses the Personal Data and information you provide to answer your question or resolve your problem. Also, when you place an order through our online store, your name and email address is automatically added to our newsletter mailing list. Kala and our affiliates may also use this information to help us improve the content and functionality of our Site, to better understand our customers and markets, and to improve our products and services. Kala and our affiliates may use this information to contact you in the future to tell you about products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “unsubscribe” from receiving future communications.
5. Anonymous Data Collected Through the Site. In addition to the Personal Data and information you provide when you use the Site, Kala may use technology to collect anonymous information about the use of our Site, and the demographics of our visitors. For example, our Site may incorporate “pixel tags,” “web beacons,” or similar tracking technologies, “cookies,” discussed below, and/or “widgets,” discussed below, that allow us to track the actions of our users. We use Google Analytics to collect and process data. If you would like to know more about how Google uses this data, please see here: google.com/policies/privacy/partners, or any other URL Google may provide from time-to-time. We may use technology to track how many visitors access our Site, the kinds of people they are, the date and time of their visit, the length of their stay, which pages they view, where they come from, how they found the Site content, and how engaged they are. We may also track traffic patterns and how visitors are utilizing our Site, for instance how visitors find our Site, and what path visitors take once on our Site. We may also use technology to determine which web browsers our visitors use and the IP address or URL from which they accessed our Site. We may also collect device-specific information, such as your hardware model, operating system version, and unique device identifiers. These are only examples, and not a full list of the anonymous information we may collect. However, this technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of the Site. Kala and our affiliates may use this anonymous data and share it with third parties to improve the content and functionality of our Site, to better understand our customers and markets, and to improve our products and services. We do not use anonymous information or data in any way to create or maintain a personal profile of you or collect personally identifiable information from or about you.
8. Compliance with California Online Privacy Protection Act. Neither Kala, nor this Site, respond to Web browser “do not track” signals or other mechanisms that provide users with the ability to exercise choice regarding the collection of personally identifiable information or Personal Data about a user’s online activities over time and/or across third-party websites or online services. To the best of our knowledge, no third parties are collecting Personal Data about your online activities over time and across different websites when you use this Site.
Typically, to purchase and deliver products or services via the Site, Kala will require that you provide your accurate name and email address. To the extent that Kala requires that you provide your name and email address, we will maintain that information to communicate with you and confirm delivery of your order, if any, and we will also maintain that information to comply with any legal obligations or for the administration of justice.
10. Security. While no method of data transmission is guaranteed against unlawful third party interception or other misuse, Kala uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline security methods in our physical facilities. However, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and our servers, or any information provided to us or to any third party through or in connection with the Site. Any information that you provide to us is done so entirely at your own risk.
11. Business Transfers. If we sell all or any part of our business, or sell or transfer all or a material part of our assets or are otherwise involved in a merger or other transfer or disposition of any part our business, Kala reserves the right to access, transfer, or disclose any and all information that we collect from you, or that we otherwise collect in connection with the Site, to the party or parties involved in the transaction as part of that transaction.
12. Children. Kala does not knowingly collect Personal Data from children under the age of 13. If you are under 13, please do not transmit any Personal Data to Kala or through the Site. If you have reason to believe that a child has provided Personal
Data to Kala, please contact us, and we will try to delete that information from our databases.
This Copyright Notice describes Kala Brand Music Co.’s (hereinafter, “Kala,” “we,” or “us”) current policies and practices with regard to intellectual property rights in connection with the website, kalabrand.com, and any subdomains thereof (the “Site”).
Kala respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us a written communication that includes the following requirements pursuant to 17 U.S.C. § 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”):
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;
- Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kala to locate the material. Providing URLs is the best way to help Kala to quickly locate the offending content;
- Information reasonably sufficient to permit Kala to contact you, such as an address, telephone number, and an email address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Kala will also terminate a user’s account if the user is determined to be a repeat infringer.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is:
Elizabeth J. Rest
155 Montgomery Street, Suite 1401
San Francisco, California 94104
United States of America
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages under Section 512(f) of the DMCA.
If, pursuant to the receipt of a copyright notice as set forth above, or otherwise, we remove or disable access to content, and you feel that the removal or disabled access was in error, you may send us a counter-notice. If you elect to send us a counter-notice, you must provide a written communication to Kala’s designated agent (see above) that includes substantially the following:
- Either a physical or electronic signature of the submitter;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that the submitter has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The submitter’s name, address, email address, and telephone number, and a statement that the submitter consents to the jurisdiction of the Federal Court, Northern District of California, and that the submitter will accept service of process from the person who provided the notice under the DMCA of alleged infringement, or an agent of that person.