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Kulaworldwide and its subsidiaries, affiliates, and designees (“Kula,” “us,” “we,” “our”) provide website access, features, content, and services to you subject to the following Terms and Conditions of Use (the “Terms”). The Terms govern your use of and access to the Site, as well as any of our affiliated websites (together with the Site, the “Sites”) and any services, features, and content offered by us on or through the Sites (the “Services”). You may use the Sites and Services only on the condition that you abide by these Terms. Therefore, it is crucial that you read these Terms.
BY USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AS MAY BE UPDATED FROM TIME TO TIME.
Any continued use of the Sites or the Services by you established that you have read and consent to the Terms (and all other policies set forth on the Site) without limitation or qualification. If you do not agree to the Terms, such policies, or any modifications thereto, please do not use the Sites. Additionally, as a condition of your use of the Sites, you represent and warrant to us that:
YOU WILL NOT USE THE SITE, ANY CONTENT ON THE SITE, OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL, IMMORAL, OR PROHIBITED BY THESE TERMS.
By using the Site or the Services, you are representing that you are 18 years of age or older and are legally competent to enter into, and be bound by, contracts. If you are under 18, you may use the Sites or the Services only with the consent of a parent or legal guardian. We will not be liable for any damages that may result from misrepresentation of age by a user of our Sites and or Services.
MODIFICATION OF THE TERMS
We reserve the right to change, update, modify, delete or add to the Terms at any time without advanced notification to you. Any changes to the Terms will be effective immediately upon posting (unless a later effective date is specified), and any continued use by you of the Sites or the Services after changes have been posted constitutes your acceptance of those changes, updates, modifications, deletions, or additions. It is your responsibility to review the Terms and applicable policies periodically for changes.
We respect the privacy of our customers. Please read our Privacy Policy, located at kulaworldwide.com/privacy-policy, to understand our practices so that you may make an informed decision about using the Sites or the Services. Any information we may collect through your use of the Sites or the Services is subject to our Privacy Policy. Our Privacy Policy, together with the Terms, govern your use of the Sites, and the Privacy Policy is incorporated into the Terms by this reference. By continuing to use the Sites or the Services, you agree to be bound by our Privacy Policy. We may revise our Privacy Policy from time to time and any additional or different terms to our Privacy Policy will be effective 30 days after updates have been posted to this Site. Any continued use or access of the Sites or the Services after changes to our Privacy Policy have been posted constitutes your agreement to be bound by the revised Privacy Policy. If we make changes to our Privacy Policy that, in our sole discretion, are material, we will notify you via the email address you have provided to us (when applicable), or via a notification on the Site.
All text, designs, graphics, logos, page headers, button icons, scripts, service names, technical documentation, product information, visual interfaces, images, photographs, trademarks, sounds, music, videos, streaming content, software, and artwork (collectively, “Content“), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof, contained on the Sites or the Services is owned or controlled by us, or licensed to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks not owned by us that appear on the Sites or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
YOU MAY NOT copy, use, republish, download, post, publicly display, transmit, reproduce or distribute in any way the Content (or any portion thereof) in any manner without our prior express written permission, unless expressly permitted in the Terms. Nothing on the Sites should be construed as granting, by implication, or otherwise, any license or right to use any Content displayed on the Sites or on, or through, the Services, without the prior express written permission of the Content owner. We enforce our intellectual property rights to the fullest extent permitted by law. Any unauthorized attempt to copy or modify the Content, or to circumvent or defeat any of the security features designed to protect the Content, is strictly prohibited.
The Site provides news and other information.
On the Site you will be able to:
While we try to provide you with the most up-to-date and accurate information, we do not guarantee the accuracy, completeness, or currentness of the information on the Sites (and we explicitly disclaim any responsibility for the accuracy, availability completeness, or currentness of information and other Content available on the Sites or the Services, or any websites that link to or from the Sites or the Services).
Conditioned on your acceptance of the Terms and our Privacy Policy, on the Site you are being offered an opportunity to register to receive priority access to purchase designated tickets to the Event.
During any Event, Live or Recorded Stream or Podcasts will be available on the Site via an embedded video player or embedded YouTube player.
Kula and third parties own and retain all rights to the Streams. Subject to your compliance with the Terms, Kula hereby grants you a limited, non-exclusive, non-transferable, freely revocable license to access and view the Streams ON A STREAMING ONLY BASIS for personal, non-commercial purposes only. You may not use the Streams, or any of the text, graphics, logos, music, or any other audio or visual content, or any portion thereof, for any commercial purpose, whether or not for profit. These restrictions apply to any text, graphics, layout, interface, logos, photos, audio, video, voice, stills, and all other content contained in Streams. You are prohibited from creating derivative works or materials that otherwise are derived from or based on the Streams, including any mash-up videos, even if the derivative materials are not for profit or for other commercial use.
You may not, either directly or through the use of any device, software, Internet site, web service, or by any other means, copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Live Stream, or any portion thereof, except you may stream the Stream as expressly permitted herein. You may not incorporate the Stream or retransmit the Stream via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Kula in writing.
You agree that you will not circumvent, disable or otherwise interfere with security-related features of the embeddable player or any other features of the Sites or the Services that prevent or restrict the use or copying of the Live Stream or other materials and Content contained on the Sites or the Services (including without limitation, all audiovisual content). You may not, either directly or indirectly, or through the use of any device, software, Internet site, web-based service, or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Live Stream or DRM mechanism, device or other content protection or access control measure associated with the Live Stream.
You understand that you may be exposed to content, materials, and/or images that may be offensive, indecent, or objectionable, and you agree to waive and hereby do waive any legal or equitable rights or remedies you have or may have with respect thereto regarding all materials related to Streaming. Without limiting the above, to the fullest extent permitted by applicable law, you hereby release and hold Kula harmless from all damages, liability, claims, actions, demands, and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, the Streams.
As part of the Services, we may provide interactive tools such as email services, bulletin boards, discussion forums, and tools that enable you to communicate with us or other users of the Site (the “Communication Services”). You are solely responsible for all information, opinions, descriptions, photos, profiles, graphics, videos, tags, messages, comments, texts, and all other information and materials that you upload, publish, privately transmit or otherwise share through the Communication Services (the “User Content”), so please do not share or post any private or confidential information or materials or any content that is illegal or otherwise prohibited. We cannot guarantee that other users will not use the ideas or other information you share. We reserve the right, without limiting any other rights or remedies available to us, to edit or remove any User Content from any of the Communication Services at any time and for any reason without your consent or notification. We also reserve the right to terminate or deny access and use of the communication service to any individual for any reason. We also reserve the right to terminate or deny access and use of the communication service to any individual for any reason.
You represent and warrant that your User Content is not as determined by Kula in Kula’s sole discretion:
By submitting User Content through any of the Communication Services, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, freely transferrable, sublicensable, worldwide license to use, copy, sell, distribute, publicly display, publicly perform, print, publish, republish, create derivative works of, reformat, translate, modify, revise and incorporate into other works your User Content for any purpose without compensation to you. This license also grants Kula the right to sublicense your User Content to other users to permit their use of your content in a permissible manner.
Kula is not liable for the contents of any User Content made available through the Communication Services and has no responsibility to monitor or evaluate the User Content. You understand that by visiting the Sites or using the Services, you may be exposed to content that you may consider being offensive, indecent, or objectionable. Under no circumstances will Ultra be liable in any way for any User Content including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Sites or through the use of the Sites or the Services.
Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that the Sites or Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Ultra, including to enforce the Terms. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring, access, and disclosure.
We do not intend to create or imply any endorsement of any of the User Content nor do we verify or vouch for such content.
From time to time, contests, sweepstakes, and surveys (individually a “Game”) may be available on the Site. We may use a third-party service to manage and execute all Games. If you choose to participate in a Game, your participation will be subject to the Official Rules and Regulations applicable to that particular Game, which will be posted once that Game becomes available (the “Rules”), these Terms, our Privacy Policy ultramusicfestival.com/privacy-policy and the terms and conditions, privacy policy and any other conditions of the third-party service that we use to manage and execute the Game. Therefore, we suggest you read and understand their terms of use and privacy policy before participating in any Game.
You may purchase tickets to Kulaworldwide once they go on sale, subject to availability. We use a third-party ticketing company to manage and execute all ticket orders and customer service. Please review their Purchase Policy. The Terms as well as the terms of use and any other policies listed on their website will govern your purchase of any tickets. You agree to pay all charges incurred by you or any users of your account, including, but not limited to, any and all applicable taxes, and you agree to only use payment methods that belong to you or others that have expressly authorized you to use the such payment method. Kula is not responsible or liable for any issues or other claims that you may have related to purchasing tickets.
We use a third-party service to facilitate and process payment transactions. Please review such third-party’s terms and conditions and privacy policy before entering into any transactions. We are not liable or responsible for such third-party transactions.
YOU MUST BE 18 YEARS OF AGE OR OLDER TO ATTEND THE EVENT. BY PURCHASING TICKETS, YOU REPRESENT AND WARRANT TO US THAT YOU ARE, OR WILL, BE 18 YEARS OF AGE OR OLDER BY THE DATE OF THE EVENT. YOU UNDERSTAND THAT NO REFUNDS WILL BE GIVEN IF YOU ARE NOT ALLOWED ENTRY TO THE EVENT FOR BEING UNDER THE AGE OF 18.
Kula reserves the right to add, change, modify, suspend or discontinue (temporarily or permanently) any portion of the Sites and/or the Services, in its sole discretion, at any time with or without notice. In addition, we may impose limits on any portion of the Sites and/or the Services or restrict your access to portions of or the entire Site and/or Services in our sole discretion without notice or liability.
We have the right to restrict, deactivate, suspend or terminate your access to the Sites and/or the Services, including the deletion of your account (when applicable) and all related information in your account, at any time and for any reason without giving you prior notice. We will not be liable to you for any of these actions.
You understand that if you violate any of the Terms, we reserve the right, without limiting any other remedy available in law or equity, to revoke your right to use the Sites and/or the Services and to use any technological, legal, operational or other means available to enforce the provisions of these Terms, including blocking IP addresses.
You are responsible for any Internet connection and/or telecommunication fees and charges that you incur when accessing the Sites and/or the Services, or any portion thereof.
When you visit the Sites, use the Services or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your comments and feedback. All communications and comments submitted to us by e-mail, through the Sites or any of our affiliated websites are non-confidential.
Any comments and feedback can be sent to tribe@kulaworldwide.com.
All comments, feedback, suggestions, ideas, and other submissions that you disclose submit or offer to us in connection with your use of the Sites or the Services, such as your suggestions regarding improvements that we make to the Sites and/or the Services (collectively, “Comments”), will become our exclusive property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to us of all worldwide rights, title, and interest in all patent, copyright, trademark, and all other intellectual property, and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory relating to submissions. Thus, we will own exclusively all such rights, titles,s and interests and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation to: (i) maintain any Comments in confidence; (ii) pay you, or any third party, any compensation for any Comments; or (iii) respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By sending us Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any. We reserve the right to use any Comments.
To use certain features of the Sites and/or the Services, you may be directed to register and/or create a user profile or account (“Account”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. We will take commercially reasonable security precautions to ensure the information you provide to us is safe, but no measures are completely secure. Therefore, we cannot guarantee the security of any information you provide to us on or through the Sites and/or the Services at any time.
As part of the registration process, you may be asked to submit your name, address, email address, date of birth, and/or similar information and to select a password. You agree that all information you provide to Kula for purposes of creating an Account or otherwise registering (“Registration Information”) will be true, accurate, current, and complete and your failure to provide such information shall constitute a breach of the Terms and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current, and complete; and (ii) maintain the confidentiality of your password.
In registering and/or creating an Account, YOU SHALL NOT: (a) select or use the email address or user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; (c) use an email address or user name that is profane, offensive or otherwise inappropriate; or (d) allow any other party to use your Account and/or password except as set forth herein.
YOU MAY NOT SHARE OR TRANSFER YOUR ACCOUNT. You may not disclose your password to anyone. You agree to immediately notify Ultra by sending an email to tribe@kulaworldwide.com of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. Kula is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
We reserve the right to refuse service, terminate Accounts, remove or edit content, or cancel orders at our sole discretion at any time, for any reason, without notice. For example, if we have reasonable grounds to suspect your Account Information is fraudulent or inaccurate, we may suspend or terminate your account and refuse any and all current or future use of the Sites and/or Services.
Ultra will not be liable for any damages or loss resulting from the removal of any User Content from the Sites or the Services. You may cancel your Account at any time and cancellation will take effect immediately. Kula reserves the right to temporarily or permanently restrict or block access to the Sites and/or the Services to any users who have had their Accounts canceled.
You acknowledge and agree that all of the Registration Information will be subject to and governed by our Privacy Policy (kulaworldwide.com/privacy-policy) and the privacy policies and terms of use of any third-party service providers we use in connection with the Sites and/or the Services.
Subject to these Terms, you are granted a limited, non-sublicensable right to use and access the Sites and the Services and all content contained therein for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to (i) publish, publicly perform or display, or distribute to any third-party any content, including reproduction on any computer network or broadcast or publications media; (ii) market, sell or make commercial use of the Sites and Services or any content; (iii) systematically collect and use any data or content including through the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (iv) make derivative uses of the Sites and the Services or the content; or (v) use, frame or utilize framing techniques to enclose any portion of the Sites and the Services (including the images found on the Sites or any text or the layout/design of any page or form contained on a page). All modifications and enhancements to the Sites and Services remain the sole property of Kula.
Any unauthorized use of the Sites and/or the Services terminates the permission or license granted by us and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray Kula, the Sites, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter or does not otherwise create an implication of endorsement by us. You may not use Kula’s name, likeness, logo(s), or another proprietary graphic (s) or trademark(s) as part of the link without express written permission. If you place a link to the Site (s) on a third-party website, you must adhere to Kula’s linking policy as follows: (i) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with Kula or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Kula; (iii) when selected by a user, the link must display the Site(s) on full-screen and not within a frame on the linking site; and (iv) Kula reserves the right to revoke its consent to the link at any time and in its sole discretion.
The Site also advertises, offers, or makes available information, content products, or services provided by third parties. Certain features of the Sites and/or the Services are operated by third parties on our behalf (“Third-Party Services”). When purchasing or using a product or service that is offered by or operated by a third party, you shall be subject to any terms of use, policies, or other agreements of the third-party offering or operating such Third-Party Services, as well as the Terms. Third-Party Services are provided solely for your convenience and Kula makes no representations or warranties regarding any Third-Party Products and takes no responsibility and assumes no liability for any Third-Party Services. By making Third-Party Services available on or through the Sites, we are not implying endorsement or responsibility for such Third-Party Services.
Our Sites may contain links to other websites that are not maintained or controlled by us (each a “Linked Site”). You acknowledge and agree that we are not responsible for the availability of any external services, products, or materials offered on Linked Sites. Such Linked Sites are not monitored or checked for accuracy or availability. We are not responsible for the content posted on any Linked Site accessed through the Sites or any third-party applications or software made available through a Linked Site. Including a Linked Site on the Sites does not imply an endorsement thereof by Ultra. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any materials on or available from such services and websites. You are responsible for viewing and abiding by the terms of use and privacy policies of any Linked Sites posted on their websites.
Kula strives to maintain a compliant website and is committed to providing an online environment that is accessible to all visitors. We recognize that accessibility and usability are not always possible in every area of the Site or for those using screen readers or other devices to assist in viewing the Site. Kula along with its third-party partners has conducted and continues to conduct ongoing accessibility reviews and tests of the Site. We have remediated and continue to remediate any issues identified during such reviews and tests. Please be aware that our efforts are ongoing as we incorporate any improvements we feel necessary to meet the changing laws, regulations, and guidelines set forth by any regulating authorities.
If you have specific questions or concerns about the accessibility of the Site or need any assistance with the Site please contact us at tribe@kulaworldwide.com. If you have found an inaccessible area on the Site, please be sure to specify the specific page and provide us with any other information you may think will help us locate the area. We will make all reasonable efforts to make that page accessible to you. If such a page cannot be made accessible with any available tools, we will work to make a text version available to you. If you need for a specific electronic format, please contact us at tribe@kulaworldwide.com. Please provide the format that you require the content to be in, the web page address of the material and your contact information. We welcome your questions about this accessibility policy and your comments on how to improve the Site’s accessibility.
The Sites and Services are operated from India with hosting partners across the World. We do not represent or warrant that the Sites and/or the Services (or any part thereof) are appropriate or available for use in any particular country other than India. In choosing to access the Sites and/or the Services you do so at your own risk, and are responsible for complying with all local laws, rules, and regulations.
IF YOU ARE A USER ACCESSING THE SITES OR THE SERVICES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM THE LAWS OF INDIA, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITES OR SERVICES, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION TO INDIA AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING INDIA) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.
Software that may be downloaded from the Site is subject to export controls under the laws and regulations of India. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan, and Syria) or listed on any of the Government’s lists of prohibited and restricted parties.
THE SITES AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ULTRA MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITES OR THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND/OR THE SERVICES IS AT YOUR SOLE RISK. ULTRA DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES, AND/OR THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SITES AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; AND THAT THE SITES AND/OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME ALL COSTS ARISING AS A RESULT OF THE USE OF THE SITES OR THE SERVICES.
To the maximum extent permitted by law, in no event shall Kula or any of its subsidiaries, sponsors or affiliates, together with its respective directors, officers, shareholders, employees and agents, be liable for any direct, incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including, without limitation: (i) lost revenues or profits; (ii) loss of business or loss of data; (iii) loss or damage to any personal property including computer, mobile phone or other device that is in any way related to our Sites or Services, your use of the Sites or the Services available on our Sites or Services, even if Kula or its subsidiaries, sponsors or affiliates have been advised of the possibility of such damages; or (iv) for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Sites or Services, including, without limitation, as a result of breach of any warranty or other term of the Terms, the use or inability to use the Sites or Services, the software, unauthorized access to or alternation or your transmissions of data, statements or conduct of any third-party on the site, any other matter relating to the Sites or the Services. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.
KULA’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT, UNLESS OTHERWISE STATED, YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITES OR THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE THE USE OF THE SITES OR THE SERVICES.
You agree to defend, indemnify and hold Kula, and its successors and assigns, and any affiliated companies, subsidiaries or sponsors and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and costs) arising out of or relating to (i) your use or misuse of the Sites and/or the Services, (ii) your breach or alleged breach of the Terms including, without limitation, a breach or alleged breach of any representation or warranty by you in the Terms; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Sites or the Service, or (iv) any infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Content that you post or otherwise transmit on the Sites and/or Services.
You and Kula agree that any disputes arising from or relating to the Site or the Services, or any relationship or dispute between you and Kula or you and any company or person employed by or which is affiliated with Kula, this Agreement and/or any policies or practices of any of the above-mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Arbitration Act or by the applicable sections of the Mumbai Arbitration code to the maximum extent permitted by applicable law.
BY USING THIS SITE, YOU AGREE TO GIVE UP YOUR RESPECTIVE RIGHT TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE.
No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons. The parties shall participate in non-binding mediation at least 30 days before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. Such arbitration shall be conducted at the legal team offices located in Mumbai, India. Any proceeding to enforce this arbitration agreement must be brought in the state court or, if jurisdiction permits, in the Mumbai District Court in Mumbai, India to the exclusion of all other forums. This contract shall be governed and construed in accordance with the laws of Maharashtra State in India and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, shall likewise be governed by the laws of Maharashtra.
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kula as a result of the Terms or your use of the Sites or the Services.
Assignment. Kula may assign the Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without Kula’s express prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any of the provisions of the Terms is found to be invalid or unenforceable, then that provision shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with the Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees, and other expenses incurred by the such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of the Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition, or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Notices. All notices given by you or required under the Terms shall be in writing and addressed to: tribe@kulaworldwide.com, unless otherwise specified herein.
Equitable Remedies. You hereby agree that Kula would be irreparably damaged if the Terms herein were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
All questions and concerns regarding the Terms should be directed to tribe@kulaworldwide.com.
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