1.0) Using KAG Website / Apps
1.1) Who May Use our Services
You may use our Services only if you can form a binding contract with KAG, and only in compliance with these Terms and all applicable laws. When you create your KAG account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions.
1.2) Our License to You
Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and specific eligibility requirements, and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain KAG’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by KAG, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
2.0) Content Offerings
2.1) Changes to Content Offerings
KAG offers information about products such as Artworks, Prints etc. (“Content Offerings”) from self created catalog and other providers (“Content Providers”). While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. KAG reserves the right to cancel, interrupt, reschedule , or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.
3.0) Your Content
3.1) User Content
The Services enable you to share your content, such as images, videos, drawings etc (“User Content”), with KAG, Content Providers, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share. User Content does not include text, images, audio, and video content or other materials made available on or placed on to the KAG platform by or on behalf of KAG’s Content Providers or their instructors using the Services, the Content Offerings; as between KAG and its Content Providers, such Content Offerings are governed by the relevant agreements in place between KAG and its Content Providers.
3.2) How KAG and Others May Use User Content
To the extent that you provide User Content, you grant KAG a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting KAG the right to authorize Partners to use User Content with their registered employees, or other vendors independent of the Services. Nothing in these Terms shall restrict other legal rights KAG may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, KAG does not waive any rights to use similar or related Feedback previously known to KAG, developed by its employees or contractors, or obtained from other sources.
We care about the security of our users. While we work to protect the security of your account and related information, KAG cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing [email protected]
6.0) Third Party Content
Through the Services, you will have the ability to access and/or use content provided by content providers, other users, and/or other third parties and links to websites and services maintained by third parties. KAG cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. KAG disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third party content.
7.0) Copyright and Trademark Policy
KAG respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the KAG Copyright and Trademark Policy in accordance with applicable law in India.
8.0) Customer Behavior Research
KAG is committed to advancing the science of Customer Relationship Management, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.
9.0) Paid Services from KAG
KAG offers paid Services (e.g., Artwork Curation, Artwork Installation etc) for a fee. Unless otherwise stated, all fees are quoted in Indian Rupee. You are responsible for paying all fees charged by or for KAG and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and KAG reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.
10.0) Provenance Certificates
KAG makes every effort to procure its products from the primary manufacturer (i.e. the Artist for artworks). At times, the products maybe sourced from Agents or Other Rights-holders. In all cases, KAG requires the Content Providers to produce Provenance Certificates and issue them to the new Rights-Holder after a successful sale. The onus and liability of providing the Provenance Certificate lies entirely on the current Rights-Holder of the product.
11.0) Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, KAG may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of KAG, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “KAG Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE KAG PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE KAG PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
13.0) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE KAG PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE KAG PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL KAG’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED ONE INDIAN RUPEE (Rs.1.00) OR THE TOTAL AMOUNT OF FEES RECEIVED BY KAG FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify, defend, and hold harmless the KAG Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
15.0) Governing Law and Jurisdiction
The Services are managed by KAG, which is located in Hyderabad, Telangana, India. You agree that any dispute related to these Terms will be governed by the laws of the Republic of India, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Hyderabad, Telangana, India as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand Indian Rupee (INR 10,000.00), either you or KAG may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and KAG. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
16.0) General Terms
16.1) Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
16.2) Severability; Waiver
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
16.3) Content Providers
KAG’s Content Providers, and integrated services providers are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
Acceptable Use Policy
KAG’s mission is to provide universal access to the fine-art and related services. We believe strongly in providing a balanced platform for artists, buyers, and intermediaries to operate in a manner that is transparent and trustworthy.
We may remove or edit inappropriate content or activity identified by or reported to us or suspend, disable, or terminate a user’s access to all or part of the Services.
1.0) You are prohibited from using our Services to share content that:
1.1) Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that it is not possible for KAG to verify the age of the visitors, and we do not allow content that is inappropriate for young users.
1.2) Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
1.3) Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
1.4) Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
1.5) Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
2.0) You also aren’t allowed to:
2.1) Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
2.2) Share your password, let anyone access your account, or do anything that might put your account at risk.
2.3) Attempt to access any other user’s account.
Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
2.4) Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
2.5) Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
Try to reverse engineer any portion of our Services.
2.6) Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
2.7) Use our Services to distribute malware. Use our Services or any functionality of the KAG platform for anything other than for completing online courses or for pedagogical purposes.
2.8) Impersonate or misrepresent your affiliation with any person or entity.
2.9) Encourage or help anyone do any of the things on this list.
Copyright and Trademark Policy
KAG respects the intellectual property rights of our Content Providers, Customers, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Information Technology Act of 2000 (the “ITACT2000”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the ITACT, please visit the MEITY website at https://www.meity.gov.in/content/information-technology-act-2000.
If you believe in good faith that materials on the Services infringe your copyright, the ITACT2000 provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
a) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow KAG to locate the material on the Services;
d) the name, address, telephone number, and email address (if available) of the complaining party;
e) a statement that the complaining party has 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
f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the Copyright Law. Notices and counter-notices with respect to the Services can either be sent:
via mail: Kalakriti Art Gallery, Plot 8-2-465/1, Road No. 4, Banjara Hills, Hyderabad, Telangana, India. PIN 500034
via email: [email protected]
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the ITACT2000.
KAG also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by KAG in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.