Term and Condition

The websites, mobile applications, and other online goods and services (collectively, the “Services”) offered by A Kal Mass Media LLP (“Kal” or “we”) are subject to these Terms of Service (“Terms”). You agree to be bound by these Terms, including the class action waiver and mandatory arbitration clause in the section on resolving disputes and binding arbitration, by using our services or by clicking your permission (such as “Continue,” “Sign-in,” or “Sign-up”). While our rules specify what you must do to enjoy our services, our privacy policy describes how we gather and handle your information. You acknowledge that these terms and our rules apply to you when you use our services. For details on how we gather, utilize, disclose, and process information about you, please refer to our privacy policy.

If you have any questions about these terms or our services, please contact us at pr@kalmassmedia.com.

Your Account and Responsibilities

You’re responsible for your use of the services and any content you provide, including compliance with applicable laws. The services may contain content that is subject to third-party intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so. If you violate these terms or any applicable laws, we may suspend or terminate your account. Additionally, please be aware that we may remove any content that violates our rules or infringes upon others’ intellectual property rights.

Your use of the services must comply with our rules.

You may need to register for an account to access some or all of our services. Help us keep your account protected. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others.

If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case, the words “you” or “your” in these Terms include that other person or entity.

To use our services, you must be at least 13 years old.

If you use the Services to access, collect, or use personal information about other Kal users (“Personal Information”), you agree to do so in compliance with applicable laws. You further agree not to sell any personal information, where the term “sell” has the meaning given to it under applicable laws.

For personal information you provide to us (e.g., as a newsletter editor), you represent and warrant that you have lawfully collected the personal information and that you or a third party has provided all required notices and collected all required consents before collecting the personal information. You further represent and warrant that Kal’s use of such personal information in accordance with the purposes for which you provided it will not violate, misappropriate, or infringe any rights of another (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.

User Content on the Services

Kal may review your conduct and content for compliance with these Terms and our Rules and reserves the right to remove any violating content.

Kal reserves the right to delete or disable content alleged to be infringing on the intellectual property rights of others and to terminate accounts of repeat infringers. We respond to notices of alleged copyright infringement if they comply with the law; please report such notices using our Copyright Policy. We take intellectual property rights seriously and have measures in place to address any alleged infringement. If we receive a notice of alleged copyright infringement that complies with the law, we will respond accordingly. We encourage users to report any such notices using our copyright policy to ensure the protection of intellectual property rights on our platform.

Rights and Ownership

You retain your rights to any content you submit, post, or display on or through the services. Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Services, you grant Kal a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your content and any name, username, or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Services.

Kal needs this license because you own your content, and Kal therefore can’t display it across its various surfaces (i.e., mobile and web) without your permission.

This type of license is also needed to distribute your content across our services. For example, you post a story on Kal. It is reproduced in versions on both our website and app and distributed to multiple places within Kal, such as the homepage or reading lists. A modification might be that we show a snippet of your work (and not the full post) in a preview, with attribution to you. A derivative work might be a list of top authors or quotes on Kal that use portions of your content, again with full attribution. This license applies to our services only and does not grant us any permissions outside of our services. It is important to note that this license does not give us the right to use your content in any other context or platform outside of Kal. Additionally, we respect your ownership and will always provide proper attribution when using snippets or portions of your work in derivative works within our services.

So long as you comply with these terms, Kal gives you a limited, personal, non-exclusive, and non-assignable license to access and use our services.

Copyright, trademark, and other Indian and foreign laws protect the services. These Terms don’t grant you any right, title, or interest in the Services, other users’ content on the Services, or Kal trademarks, logos, or other brand features. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the content, software, or materials available on our services without prior written permission from Kal. Furthermore, you agree not to use our services for any illegal or unauthorized purpose and to comply with all applicable laws and regulations while using our services.

Separate from the content you submit, post, or display on our services, we welcome feedback, including any comments, ideas, and suggestions you have about our services. We may use this feedback for any purpose, in our sole discretion, without any obligation to you. We may treat feedback as non-confidential.

We may stop providing the services or any of their features at our sole discretion. We also retain the right to create limits on use and storage and may remove or limit content distribution on the services.

Termination

You’re free to stop using our services at any time. We reserve the right to suspend or terminate your access to the services,with or without notice.

Transfer and Processing Data

In order for us to provide our services, you agree that we may process, transfer, and store information about you in India and other countries where you may not have the same rights and protections as you do under local law.

Indemnification

You agree to indemnify, defend, and hold harmless Kal and our officers, directors, agents, partners, and employees (individually and collectively, the “Kal Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of or related to your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify Kal Parties of any third-party claims, cooperate with Kal Parties in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including attorneys’ fees). You also agree that the Kal Parties will have control of the defense or settlement, at Kal’s sole option, of any third-party claims.

Disclaimers: The service is “as is.”

Kal aims to give you great services, but there are some things we can’t guarantee. Your use of our services is at your own risk. You understand that our services and any content posted or shared by users on them are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Kal doesn’t represent or warrant that our services are accurate, complete, reliable, current, or error-free. No advice or information obtained from Kal or through the services will create any warranty or representation not expressly made in this paragraph. Kal may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through our services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding any third-party content. You access and use third-party content at your own risk. Some locations don’t allow the disclaimers in this paragraph, so they might not apply to you.

Limitation of Liability

We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud, or intentional misconduct of Kal or the other Kal Parties in providing the services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. Consumer rights that are not subject to waiver or restriction under any contract or agreement are unaffected by this paragraph.

In countries where exclusions or limitations of liability are allowed, Kal and Kal Parties won’t be liable for:

(a) Any indirect, consequential, exemplary,incidental, punitive, or special damages, or any loss of use, data, or profits, under any legal theory, even if Kal or the other Kal Parties have been advised of the possibility of such damages.

(b) Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of Kal and the other Kal Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $50.00 USD or the amount paid by you to use our Services.

Resolving Disputes; Binding Arbitration

We want to address your concerns without needing a formal legal case. Before filing a claim against Kal, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at kalmassmedia@gmail.com or by certified mail addressed to A Kal Mass Media, Partap Nagar, Patiala, Punjab, India. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Kal and limits the manner in which you can seek relief from us unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

(a) No Representative Actions. You and Kal agree that any dispute arising out of or related to these Terms or our Services is personal to you and Kal and that any dispute will be resolved solely through individual action and will not be brought as a class arbitration, class action, or any other type of representative proceeding.

(b) Arbitration of Disputes. You and Kal both agree that any disagreements about these terms or our services, including privacy claims, will not go to a jury trial. The only exceptions are small claims cases where you or Kal want to file a lawsuit individually in a small claims court in the county where you live or disputes where you or Kal want an injunction or other equitable relief for alleged intellectual property infringement or misappropriation. All disputes submitted to arbitration will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Patiala, Punjab, India unless you’re a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this section, “consumer” means a person using the services for personal, family, or household purposes. You and Kal agree that disputes will be held in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”). The most recent version of the Rules is available on the  website and is incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the arbitration Rules or waive your opportunity to read the Rules and waive any claim that the Arbitration Rules are unfair or should not apply for any reason.

(c) You and Kal agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Arbitration Act (the “AA”), to the maximum extent permitted by applicable law. As long as the AA, these Terms, and the Arbitration Rules don’t get in the way, the arbitrator will be the only one who can decide how to settle the dispute, what the dispute is about, and any other matter that would normally be decided in court. This includes deciding if the dispute can even be settled through arbitration. The arbitrator may conduct only individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, Kal, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides otherwise. There is no duty of confidentiality if the information needs to be shared in order to prepare for or hold the arbitration hearing on its own merits, if there is a court application for a preliminary remedy, if there is a judicial challenge to an arbitration award or its enforcement, or if the law or a court decision says so.

(e) You and Kal agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Kal will pay the remaining JAMS fees and costs. Kal will cover all JAMS fees and costs for any arbitration that Kal initiates. You and Kal agree that the state or federal courts of the State of Punjab and India sitting in Patiala, Punjab, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

(f) Any dispute must be filed within one year after the relevant claim arose; otherwise, the dispute is permanently barred, which means that you and Kal will not have the right to assert the claim.

(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email with your request to Kalmassmedia@gmail.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the next section regarding “Governing Law and Venue.”

(h) If any portion of this section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Also, if any part of this section is found to stop a person from suing for public injunctive relief, that part will not apply if the person can still get that relief outside of arbitration; the rest of this section will still be valid.

Governing Law and Venue

Except for its rules on conflicts of law, Punjab law will govern these terms and any dispute that might arise between you and Kal. Any dispute between the parties that’s not subject to arbitration or can’t be heard in small claims court will be resolved in the state or federal courts of Punjab and India, respectively, sitting in Patiala, Punjab.

Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Amendments

We may make changes to these terms from time to time. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended terms will be effective immediately, and your continued use of our services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended terms, you must stop using our services.

Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

Kal’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, and the terms and policies listed in the Other Terms and Policies that May Apply to You Section, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements, and understandings of the parties. The section titles in these terms are for convenience only and have no legal or contractual effect. The use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.