Terms of use

Terms of Use

Introduction

Welcome to KALO. KALO provides its services and offerings (the “KALO Service,” as further described below) to you subject to the following Terms of Use (“TOU”). In addition, when using the KALO Service, you shall be subject to any posted guidelines and rules applicable to such service, which may be posted and updated from time to time. All such guidelines and rules are incorporated by reference into these TOU.

PLEASE READ THESE TOU CAREFULLY. By accessing or using the KALO Service, you (“You” or “Your” as applicable) are bound by the notices, terms and conditions in these TOU and, as applicable, elsewhere on www.Kalovideo.com (including but not limited to our Privacy Policy and Copyright Policy, which are incorporated by reference). If You register on behalf of a business, You represent to KALO that You have the authority to bind that business and Your acceptance of these TOU will be treated as acceptance by that business. In that event, You and Your in these TOU will refer to that business. If You do not agree to any of these terms and conditions, You may not use the KALO Service.

The KALO Service

The KALO Service is comprised of (I) the KALO website, currently located at www.Kalovideo.com (and/or any successor or additional website(s) owned or operated by or for KALO); (ii) the KALO syndication network to the extent provided by KALO (for example, when KALO makes videos available on third party websites and services, e.g., through embedded players); (iii) the KALO client, a downloadable application to upload, download and view content (the “KALO Client”); (iv) the servers operated by or on behalf of KALO; and/or (v) any other technology and/or services that KALO provides its users. The KALO Service may be distributed through any media format through any media channel and/or via any media device. The KALO Service allows You to make content and other material available to other users of the KALO Service and to access videos and other content and other materials made available by other users of the KALO Service. All comments and other communications posted or published by You or other users on the KALO Service, including in any bulletin board, chat, discussion group, feedback area, news group or email, are referred to as “User Material.” All content made available by users other than “User Material” is referred as “Video Content” and includes the audio-visual display (i.e., video) that may be uploaded to the KALO Service, along with any other material including, without limitation, music, animation, text, software, scripts, graphics, images, audio, information and interactive features. User Material and Video Content are collectively referred to as “User and Video Content”.

Registration

Registration is not required to view most User and Video Content provided as part of the KALO Service. However, You are required to register if You wish to post a comment or upload a video, download the KALO Client or view certain User Material and Video Content. If You wish to download the KALO Client You will be subject to additional terms and condition relating to the license and use of the KALO Client.

To register You will need to create an account with KALO and select a password and screen name (“KALO User ID”). You must provide KALO with accurate, complete, and updated registration information. Failure to do so will be a breach of these TOU, and may result in immediate termination of Your KALO account. You may not (I) select or use as a KALO User ID a name of another person with the intent to impersonate that person; (ii) use as a KALO User ID a name subject to any rights of a person and/or entity other than You without appropriate authorization; or (iii) use as a KALO User ID a name that is otherwise offensive, vulgar or obscene. KALO reserves the right to refuse registration of, or cancel, a KALO User ID in its sole discretion. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify KALO immediately of any breach of security or unauthorized use of Your account. Although KALO will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of KALO or others due to such unauthorized use. All registration information provided by You shall be subject to KALO's Privacy Policy .

User and Video Content

You retain all of Your rights in Your User and Video Content. You shall be solely responsible for Your User and Video Content, whether created by or for You, and the consequences of posting or publishing it on the KALO Service. You may not submit User and Video Content that contains any pornographic, infringing, hate-related, violent or illegal content. You may only upload and publish User and Video Content on the KALO Service for which You have sufficient rights and licenses to permit the distribution of Your User and Video Content via the KALO Service. You expressly represent and warrant that You either own or have secured the necessary licenses, rights, consents, and permissions to enable KALO to include the User and Video Content as part of the KALO Service and in the manner contemplated by these TOU. You acknowledge that You have no expectation of privacy or confidentiality with respect to Your User and Video Content. You warrant that all moral rights to the User and Video Content You submit have been waived. At all times, in using the KALO Service, You must observe and abide by these TOU, as they may be amended from time to time.

Ownership

The content accessible through the KALO Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “KALO Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to KALO, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these TOU, the KALO Content, Marks, User Material and Video Content are provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever except as set forth in these TOU. KALO reserves all rights not expressly granted in and to the KALO Service and the KALO Content. If You download or print a copy of the KALO Content, User Material or Video Content, You must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the KALO Service or features that prevent or restrict use or copying of any KALO Content or User and Video Content.

License

User Material: By submitting, posting, uploading, emailing or otherwise providing User Material to KALO, You hereby grant KALO a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Material in connection with the KALO Service and KALO’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the KALO Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the KALO Service a non-exclusive license to access Your User Material through the KALO Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the KALO Service and under these TOU.

Video Content: You hereby grant to KALO a revocable, non-exclusive, worldwide, royalty-free, sublicensable and transferable right and license to: (i) use, display, publicly perform, transmit, distribute, copy, edit, modify, store, reproduce, make available for download and/or provide Your Video Content on or through the KALO Service, either in its original form, as a copy or as a derivative work; (ii) secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms based on Your Video Content; (iii) distribute, transmit, and/or display Your Video Content and encoded works via such technologies as are supported by KALO from time to time through or via the KALO Service; (iv) display advertisements and promotional material in connection with Your Video Content; and (v) perform such other acts with respect to Your Video Content as are necessary from time to time to provide the KALO Service. This license to KALO will terminate within a commercially reasonable time after You remove or delete Your Video Content. You understand and agree that KALO may retain, but not display, distribute, or perform, server copies of Your Video Content that have been removed or deleted. For the avoidance of doubt, as between You and KALO, You retain all ownership rights in and to the Video Content.

You hereby grant KALO, a non-exclusive, royalty-free right to reproduce and display Your logos, trademarks, trade names and other similar identifying material (the “Marks”) solely for the purposes of promoting, marketing and/or displaying Your User and Video Content and, to grant sublicenses thereto on the same terms and conditions to end users and KALO ’s affiliates and partners to the extent necessary in connection with the provision of the KALO Service. This trademark license will terminate automatically upon the termination of these TOU between You and KALO.

Video Content

Authority. If You upload content, You represent and warrant at all times that: (i) You are either more than 18 years of age, an emancipated minor or possess legal parental or guardian consent and are fully authorized to enter into these TOU on Your own behalf and on behalf of any other individuals or companies whom You are representing; (ii) You are fully able and competent to accept, make and/or perform the terms, conditions, obligations, representations and warranties set forth in these TOU, and to abide by and comply with the terms herein; (iii) if You are a company, You are duly organized, validly existing and in good standing under the laws of the state of Your organization, You have full corporate power and authority to enter into these TOU, and You are duly authorized to perform the obligations and to carry out the provisions herein; (iv) You understand that these TOU are legal and valid obligations, binding and enforceable in accordance with their terms; and (v) neither the execution, delivery and performance of these TOU conflicts with any agreement, instrument, or understanding, oral or written, to which You are a party or by which You may be bound, or violates any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over You.

Representations and Warranties. You specifically represent and warrant that (i) You either own fully and outright the Video Content or have obtained all rights, approvals, licenses, consents and permissions as are necessary, and are authorized to grant the licenses granted by You under these TOU, to make the representations and warranties made herein, and to perform Your obligations hereunder; (ii) Your Video Content and the distribution and/or publication of Your Video Content through the KALO Service, directly or indirectly, does not, and shall not, infringe or misappropriate any copyright, trademark, privacy right, name and likeness right or any other rights of any third party; (iii) You have obtained all necessary consents (including with respect to name and likeness), secured all licenses and paid all associated fees required to be paid to third parties (including for the use of any music performed in, contained in or synchronized with any of the Video Content) (“Third Party Fees”) with respect to the Video Content and You covenant to timely pay any and all Third Party Fees required to be paid in the future. You further expressly agree that, as between You, on the one hand, and KALO and its affiliates, subsidiaries and distribution partners on the other hand, any obligation to secure any third party rights and to pay Third Party Fees as a result of distribution of Your Video Content pursuant to these TOU shall be Your obligation and not the obligation of KALO or any of its affiliates, subsidiaries or partners.

Publication Options. By using the publisher portion of the KALO Service, You may select options made available by KALO regarding the presentation, management, distribution of and end user access to Your Video Content. You may change Your selections regarding each option to the extent permitted by the publisher portion of the KALO Service. In all cases, Your last selections reflected in KALO’s database shall be conclusive in the event of any dispute.

Suspension. KALO reserves the right to suspend its performance of the User and +Video Content or any aspect thereof under these TOU at any time, without giving prior notice, for any act which KALO, in its sole discretion, determines to be harmful to any end user of the KALO Service, the KALO Service itself or which KALO determines in good faith violates or fails to comply with any applicable law or regulation. KALO may, without notice to You, remove or block any Video Content from the KALO Service.

Removal. KALO respects the licensing choices of its publishers to viewers, including Creative Commons type licenses. You may elect to remove Your Video Content from the KALO Service at any time. KALO will use commercially reasonable efforts to remove Your Video Content from the KALO Service within three business days after receipt of Your notice of removal but shall have no liability for failure to remove such Video Content. You acknowledge and agree that KALO has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that KALO assumes no responsibility for controlling or monitoring such intellectual property rights and shall have no liability for any alleged infringement. In addition, KALO is not responsible for enforcing Your intellectual property rights, including filing suit or taking other legal action against infringers or against KALO’s distribution partners who fail to cease using Your Video Content upon Your election to remove such Video Content from the KALO Service.

User Behavior

KALO grants You permission to use the KALO Service subject to all of the terms and conditions set forth in these TOU.

As a condition of use, You agree not to use the KALO Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as U.S. copyright laws). Any unauthorized use of the KALO Service is expressly prohibited.

By way of example, You agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User and Video Content, using any communications service or other service available on or through the KALO Service, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or
• is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or
• misrepresents the source, identity or content of information transmitted via the KALO Service; or
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) or a chain letter, a pyramid scheme, petitions for signatures, charity requests or any other similar solicitation; or
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of KALO or any third party; or
• impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of KALO or access the KALO accounts of others without permission; or
• constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities, or any items that would cause KALO to violate any applicable law or regulation;
• collects, or attempts to collect, personal information about users without their consent or constitutes a solicitation, for commercial purposes, any users of the KALO Service with respect to their Video Content; or
• otherwise violates these TOU, the Privacy Policy, or any other policy posted on the KALO website.

Additionally, You agree that You will not: (i) take any action that imposes, or may impose, in KALO’s sole discretion, an unreasonable or disproportionately large load on KALO’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the KALO Service or any activities conducted on the KALO Service; (iii) alter or modify any part of the website or access User and Video Content through any technology or means other than those explicitly designated by KALO; (iv) bypass any measures KALO may use to prevent or restrict access to the KALO Service, other accounts, or computer systems or networks connected to the KALO Service; or (v) interfere with any other user’s enjoyment of the KALO Service, including, without limitation, accessing an account of a KALO user that is not Yours.

You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the KALO Service or any content available through the KALO website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder. In addition, You may not remove any proprietary notices, marks or labels.

You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the KALO Service in a manner which sends more request messages to the KALO server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.

You shall not harvest or collect information from the KALO Service, including, without limitation, information about other users of the KALO Service. The use of any information learned through the KALO Service or while on the KALO website is limited to the express purposes set forth in these TOU; all other uses are strictly prohibited.

Unless expressly authorized, You shall not frame or otherwise display any portion of the KaloVideo.com website or any of its contents. No hyperlinks to any password protected web pages on the KaloVideo.com website are allowed. Hyperlinks to non-restricted pages are subject to review and termination by KALO in our sole discretion.

No Endorsement; Availability; Monitoring

You understand that You will be exposed to User Material and Video Content from a variety of users. You acknowledge that KALO does not endorse, evaluate or guarantee any User and Video Content and You may not state or imply any such endorsement, evaluation or guarantee. KALO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of User Material or Video Content. KALO does not guarantee that any User and Video Content will be made available on the KALO Service, whether continuously or at all. KALO does not assume any responsibility or liability for any User and Video Content and You agree to waive any legal or equitable rights or remedies You may have against KALO regarding such User and Video Content. You acknowledge that You have no expectation of privacy or confidentiality with respect to Your User and Video Content. KALO shall have no obligation to monitor any User and Video Content. However, KALO and its agents shall have and do reserve the right to monitor any User and Video Content from time to time for any lawful purpose. KALO may, without notice to You, remove or block any User and Video Content from the KALO Service, including disabling access to such User and Video Content that You have downloaded through the KALO Service. You further understand and acknowledge that You may be exposed to User Material or Video Content that is inaccurate, offensive, indecent, or objectionable.

Termination

KALO may terminate Your access to all or any part of the KALO Service at any time, with or without cause, with or without notice, effective immediately. You may terminate Your use of the KALO Service at any time, provided that all provisions of these TOU, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless KALO and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, “KALO Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the KALO Service; (ii) Your violation of any term of these TOU, including any breach of any representation, warranty, covenant or agreement made by You herein; (iii) Your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any User Material or Video Content You uploaded or published on the KALO Service caused damage to a third party; or (v) Your gross negligence or willful malfeasance (collectively, “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the KALO Indemnitees. KALO shall have the right, in its sole discretion, to select its own legal counsel to defend the KALO Indemnitees from any Claims (but by doing so shall not waive Your indemnity obligations), and You shall be solely responsible for the payment of all reasonable attorneys’ fees incurred by the KALO Indemnitees in connection therewith. You shall notify KALO immediately if You become aware of any actual or potential Claims, suits, actions, allegations or charges that could affect Your or KALO’s ability to fully perform its respective duties or to exercise its respective rights under these TOU. You shall not, without the prior express written approval of KALO, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for any KALO Indemnitee. This defense and indemnification obligation will survive these TOU and Your use of the KALO Service.

Disclaimer

THE KALO SERVICE, KALO CONTENT AND MARKS ARE PROVIDED BY KALO “AS IS” AND “AS AVAILABLE” ONLY. EXCEPT AS EXPRESSLY PROVIDED IN THESE TOU, KALO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THESE TOU, INCLUDING BUT NOT LIMITED TO THE KALO SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, KALO DISCLAIMS ALL WARRANTIES REGARDING THE KALO SERVICE AND ITS CONTENTS AND MARKS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, TITLE, SUITABILITY, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE KALO SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES) OR OTHERWISE. YOU AGREE THAT USE OF THE KALO SERVICE SHALL BE AT YOUR SOLE RISK. KALO MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU THAT THE KALO SERVICE WILL BE ERROR-FREE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC. YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE KALO SERVICE RELIES UPON THIRD-PARTY SOFTWARE FOR CERTAIN FUNCTIONS, INCLUDING, WITHOUT LIMITATION, THE ENCODING AND APPLICATION OF SECURITY AND DIGITAL RIGHTS MANAGEMENT FUNCTIONALITY AND PROTECTIONS, IF AVAILABLE. KALO MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT SUCH SOFTWARE WILL BE ERROR FREE, ACCOMPLISH THE SPECIFIED INTENT OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC, AND KALO SHALL NOT BE LIABLE FOR ANY FAILURE THEREOF TO YOU OR ANY THIRD PARTY. YOU ALSO ACKNOWLEDGE AND AGREE THAT TECHNOLOGY MAY EXIST OR BE DEVELOPED TO COPY, DOWNLOAD OR OTHERWISE ACQUIRE YOUR VIDEO CONTENT WITHOUT YOUR AND/OR KALO’S AUTHORIZATION AND/OR KNOWLEDGE, INCLUDING, WITHOUT LIMITATION, VIDEO CONTENT DELIVERED THROUGH STREAMING TECHNOLOGY. FURTHER, KALO DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE KALO SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND KALO WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.

Limitation of Liability

IN NO EVENT SHALL KALO OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE KALO SERVICE, THE VIDEO CONTENT, THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THESE TOU, AND/OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE KALO SERVICE (INCLUDING BUT NOT LIMITED TO, KALO CONTENT AND KALO MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF KALO OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KALO ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE KALO SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE KALO SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE KALO WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE KALO WEBSITE BY ANY THIRD PARTY, AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE KALO SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO CONTENT, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE KALO SERVICE.

SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, KALO’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Copyright Policy

KALO respects the rights of copyright holders. We have established a Copyright Policy which is incorporated herein by reference.

Privacy Policy

Please read the Privacy Policy carefully for disclosures relating to the collection and use of Your personal information. The Privacy Policy, is incorporated by reference and made part of these TOU. Your use of the KALO Service is subject to Your acceptance of our TOU which include the Privacy Policy.

Miscellaneous

Acceptance. If You do not accept all of the terms and conditions set forth in these TOU, You may not access or use the KALO Service. Ability to Accept. The KALO Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these TOU. If You are under 13 years of age, You may not register for or use the KALO Service. Assignment. You may not assign any of Your rights or obligations under these TOU without KALO’s express prior written consent. KALO may assign its rights or assign or delegate any of its obligations under these TOU without restriction. Enforceability and Waiver. If any provision of these TOU is found illegal or unenforceable, the TOU will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these TOU will not be affected. No delay or failure by KALO to exercise or enforce any of its rights under these TOU will act as a waiver of such rights. Entire Agreement. These TOU constitutes the entire understanding of the parties hereto with respect to the matters and transactions contemplated hereby and supersedes all previous agreements between You and KALO concerning the subject matter hereof. Neither party hereto has relied on any statement, representation or promise of the other party or representative thereof in agreeing to these TOU. Export and International Use. The KALO Service is controlled and offered by KALO from its facilities in the United States of America. KALO makes no representations that the KALO Service is appropriate or available for use in other locations. Those who access or use the KALO Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Force Majeure. In the event that KALO is prevented from performing or is unable to perform any of its obligations under these TOU due to any cause beyond its reasonable control, then KALO’s performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence. Good Faith. You agree to act in good faith with respect to each provision of these TOU and any dispute that may arise related hereto or thereto. Links to Third Party Websites or Services. As a convenience for its users, KALO may provide links on this website to other websites owned by third parties or make viewing of videos available on third party websites or services. Unless otherwise stated, KALO does not endorse or control these third parties and takes no responsibility for them or their websites. Please refer to these third party websites for their terms and conditions and other policies. Governing Law, Jurisdiction and Venue. These TOU shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Riley County of the State of Kansas for any claim or action arising out of or relating to these TOU or Your use of the KALO Service. You agree that: the KALO Service shall be deemed to be solely based in the State of Kansas; the KALO website shall be deemed a passive website that does not give rise to personal jurisdiction over KALO, either specific or general, in jurisdictions other than the State of Kansas; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE KALO SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. Headings. The section headings and subheadings contained in these TOU are included for convenience only, and shall not limit or otherwise affect the terms hereof. Modification. KALO shall have the right to modify these TOU at any time, which modification shall be effective upon posting the new TOU on the Terms of Use page of the KALO Website. We recommend that You check the KALO website regularly for any such changes. Your use of the KALO Service following such posting shall be deemed to constitute Your acceptance of such modification. These TOU may not otherwise be changed or modified, except in a writing signed by an authorized representative of KALO. Notices. All notice required to be given in writing and delivered either by hand or by recognized overnight delivery service shall be pre-paid and addressed as set forth below. If to KALO: [Add Address] Attn: […]. If to You: Via email or transmittal to the address identified by You through Your registration for the KALO Service shall constitute notice to You. Severability. Each provision of these TOU shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision. Survival. All terms of these TOU which by their nature extend beyond their termination shall remain in effect for as long as necessary to permit their full discharge and apply to each party’s respective successors and permitted assigns. Use. The KALO Service is controlled and offered by KALO from its facilities in the United States of America. KALO makes no representations that the KALO Service is appropriate or available for use in other locations. Those who access or use the KALO Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

These TOU were updated on June 22, 2020