Welcome to Kalosmusicandart.com site (the “Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the “Agreement”).
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Site. If you do not agree to these terms, please do not use the Site. Should you have any questions concerning these Terms of any of our policies, please contact us at www.happymomdirectory.com/contact-us/
II. Web Site Jurisdiction and Intended Audience
The Site is controlled and operated by Kalosmusicandart.com from the United States, and is not intended to subject Kalosmusicandart.com to the laws or jurisdiction of any state, country or territory other than that of the United States. Kalosmusicandart.com does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. This Web Site is directed to adults in the United States and is not intended for children under the age of thirteen.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, Application updates, and other material (collectively “Content”) is owned or licensed property of Kalosmusicandart.com or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Kalosmusicandart.com. Kalos and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the web site for any commercial purpose.
You agree that you will not access or use the web site in any manner that could damage, disable, impair or cause undue burden on the web site and/or its host, servers, network, systems or other users. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site.
IV. User submissions
All comments, feedback, photos, suggestions, ideas, and other submissions (all “Submissions”) disclosed, submitted or offered to Happymomdirectory.com on or by this web site shall be and remain Kalosmusicandart.com property. Kalosmusicandart.com is and shall be under no obligation to pay to user any compensation for any Submissions or to respond to any user Submissions. You agree that any Submissions provided by you to the web site will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Submissions provided by you to the web site will be or contain defamatory or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.
We reserve the right to moderate any Submissions you provide to us. We may, in our sole discretion, limit or cancel any Submissions which violate these terms. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
For any Submissions, you grant to Kalosmusicandart.com a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Kalosmusicandart.com the right to include the name provided along with the User Content submitted by you; provided, however, Kalosmusicandart.com shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
The opinions expressed by users reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Kalosmusicandart.com.
IV. Your Contact With Advertisers or Other Third Parties and Other Web Sites
Your dealings with advertisers or other third parties found on or accessible through the Web Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Kalosmusicandart.com of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk.
Kalosmusicandart.com does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Kalosmusicandart.com will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.
V. Site Transactions
If you wish to purchase any advertising service made available through the Site or any product Kalosmusicandart.com offers, (each such purchase, a “Site Transaction”), you may be asked to supply certain information relevant to your Site Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and the company name. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Kalosmusicandart.com the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
The web site as a whole is intended solely for your personal, noncommercial use. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
VI. AVAILABILITY, ERRORS, AND INACCURACIES
If an item is not available, Kalosmusicandart.com may, in its sole discretion and at no extra cost to you, substitute another item for the unavailable item if Kalosmusicandart.com, in its sole discretion, determines that the identical product or service is available in a form that is of equal or greater value.
Kalos’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or that the price or availability of an item has been confirmed. Kalosmusicandart.com makes a conscientious effort to describe and display its services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, service images, specifications, availability, and services. Kalos reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. If an item’s correct price is lower than our stated price, we will charge the lower amount and deliver you the full service. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
VII. Third-party links
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ or service’s sites. However Kalosmusicandart.com has no control over these linked sites, all of which have separate privacy, security, and data collection practices. Kalosmusicandart.com has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
THIS WEB SITE AND THE MATERIALS AND PRODUCTS IN THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WHETHER EXPRESS OR IMPLIED. KALOSMUSICANDART.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM KALOSMUSICANDART.COM ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL KALOSMUSICANDART.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF KALOSMUSICANDART.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KALOS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KALOSMUSICANDART.COM FOR PRODUCTS OR SERVICES PROVIDED BY KALOSMUSICANDART.COM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please notify the copyright Agent for Kalosmusicandart.com at:
20636 Biscayne Blvd.
Aventura, Fl 33180
Please provide our Agent with the following information:
a) A description of the copyrighted work that you claim has been infringed;
b) Identification of the material on Kalos Directory’s site that you claim is infringing, with enough detail so that we may locate it;
c) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
d) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
e) Your address, telephone number, and email address; and
f) Your physical or electronic signature.
Your Notice will be subject to The Digital Millennium Copyright Act (DMCA).