Last Updated: April 4th, 2018
Thank you for using KALAB!
When these Terms mention “we,” “us,” or “our,” it refers to KALAB with whom you are contracting with.
1. Using the KALAB Platform
1.1 When Members make or accept a booking, they are entering into a contract directly with each other. KALAB is not and does not become a party to any contractual relationship between Members.
1.2 Any references to an Artist being "verified" (or similar language) only indicates that the Artist has completed a relevant and basic verification process and nothing further. Any such statement does not endorse or guarantee any Artist, including the Artist’s identity or background, suitability, safety or trustworthiness.
1.3 It is the responsibility of the Member to always exercise due diligence and care when deciding whether to accept an Artist, accept a booking request from a Client, or communicate and interact with other Members, whether online or in person.
1.4 If you decide to use the KALAB Platform as an Artist, you act solely on your own behalf and for your own benefit, and not on the behalf or benefit of KALAB. Your relationship with KALAB is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of KALAB, for any reason.
1.5 From time to time, KALAB reserves the right to improve, modify and enhance the KALAB website.
2. Member Verification, and Eligibility
2.1 In order to use and register with KALAB you must be at least 18 years old and able to enter into legally binding contracts. By accessing or using the KALAB Platform you can guarantee that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 KALAB may require certain conditions or requirements to be met in order to grant access to certain areas or features of the KALAB Platform, such as meeting specific quality and eligibility standards, and completing a verification process.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity.
3. Account Registration
3.1 You must register an account ("KALAB Account") to access and use certain features of the KALAB Platform, such as publishing or booking a Listing.
3.2 If you are registering a KALAB Account for a company or other legal entity, you represent and can prove that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
3.3 Using an email address and password, you can register a KALAB Account. You must provide accurate, current and complete information during the registration process and keep your KALAB Account and profile page information up-to-date at all times.
4.1 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances. KALAB may require the immediate removal of any Member Content that KALAB finds to be in violation of these Terms, or otherwise may be harmful or objectionable to KALAB, its Members, third parties.
4.2 You either are the sole and exclusive owner of all Member Content that you make available on or through the KALAB Platform or you have all rights, licenses, consents and releases that are necessary to grant to KALAB the rights in and to such Member Content, as contemplated under these Terms. Neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or KALAB’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.3 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the KALAB Platform, you grant to KALAB a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the KALAB Platform, in any media or platform. Unless you provide specific consent, KALAB does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5. Service Fees
5.1 KALAB will charge fees to Clients (“Client Fees") (collectively, "Service Fees") in consideration for the use of the KALAB Platform.
5.2 KALAB will provide Members adequate notice of any fee changes before they become effective. KALAB reserves the right to change the Service Fees at any time.
6. Terms specific for Artist
6.1.1. When creating an Artist listing through the KALAB platform, you must provide complete and accurate information about your Artist Service (such as listing description, music style, location and any other relevant information requested by KALAB).
6.1.2 You are responsible for keeping your Listing information up-to-date at all times.
6.1.3 When you accept a booking request by a Client, you are entering into a legally binding agreement with the Client and are required to provide your Artist Service to the Client as described in your Listing when the booking request was made.
6.1.4 Within the period of 365 days of first accepting a specific Client booking on the KALAB platform, you may not enter into a monetary, contractual relationship with said Client outside of the KALAB platform. The Artist must continue to be booked via the KALAB platform.
6.1.5 As an Artist you must ensure professionalism (punctuality, appropriate dress code, high quality of service, no alcohol abuse and no substance use prior and during the event, no destruction of property, no discrimination and no form of verbal, physical and sexual harassment) at all times. Furthermore an Artist must maintain decorum and a respectful attitude in regards to verbal and physical engagement with the Client and their guests.
6.1.6 A misdemeanor or gross violation of the terms listed in article 6.1.5 will lead to the reassessment of the Artist’s participation and possible exclusion from the KALAB platform. KALAB has a zero tolerance policy in regards to cases of alcohol and substance abuse, harassment and discrimination and will enforce the immediate exclusion of the Artist from the KALAB platform.
6.1.7 KALAB will remain as a neutral, third-party mediator, taking into consideration both, the Artist’s and the Client’s standpoints. Upon review, KALAB maintains the right to decide whether “a misdemeanor or gross violation” has occurred and if proven, article 6.1.6 will come into effect.
6.2 Listing Artist Services
6.2.1 KALAB reserves the right to decide to publish a submitted Artist listing on the KALAB Platform. In order to be considered for publishing, Artist Services must meet quality standards set by KALAB.
6.2.2 Artists have the right to continue providing their services outside the KALAB platform. However, note the limitation stipulated in article 6.1.4.
7. Terms specific for Clients
7.1 All applicable service fees and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your KALAB Account.
7.2 Upon receipt of a booking confirmation from KALAB, a legally binding agreement is formed between you and the Artist.
7.3 Within the period of 365 days of first booking an Artist on the KALAB platform, you may not enter into a monetary, contractual relationship with said Artist outside of the KALAB platform. The Artist must continue to be booked via the KALAB platform.
7.4 As a Client you must ensure professionalism (no destruction of Artist property, no discrimination and no form of verbal, physical and sexual harassment) at all times. Furthermore, the Client must maintain decorum and a respectful attitude in regards to verbal and physical engagement with the Artist.
7.5 A misdemeanor or gross violation of the terms listed in article 7.4 will lead to the reassessment of the Client’s participation and possible exclusion from the KALAB platform. KALAB has a zero tolerance policy in regards to cases of harassment and discrimination and will enforce the immediate exclusion of the Client from the KALAB platform.
7.6 KALAB will remain as a neutral, third-party mediator, taking into consideration both, the Artist’s and the Client’s standpoints. Upon review, KALAB maintains the right to decide whether “a misdemeanor or gross violation” has occurred and if proven, article 7.5 will come into effect.
8. Cancellations, Refunds, & Resolution
8.1 Artist Cancellation
8.1.1 Artist cancellations at any time will result in zero remuneration. Artist cancellations less than 10 days prior to the event will result in a penalty fee paid to KALAB, unless the Artist can prove the grounds for cancellation meet the valid excuses listed in article 8.1.2.
8.1.2 Valid Cancellations resulting from extenuating circumstances include:
i.Serious Illness that directly affects the Artist’s ability to perform. To be confirmed (in writing) by a registered medical practitioner.
ii.Unexpected death or serious illness to immediate family (grandparents, parents, spouse/ partner, legal guardian, siblings, and children).
iii.Significant natural disasters or severe weather that inhibits travel to or from the location of the event and jeopardizes the safety of the Artist.
iv.Government- mandated obligations issued after the time of booking (jury duty, military duty, court appearances.)
8.1.3 Artists may be required to provide valid supporting documentation as proof for cancellation.
8.1.4 In the case of recurring Artist cancellations, the participation of the Artist on the KALAB platform will be at jeopardy and will be re-evaluated by KALAB.
8.1.5 KALAB will provide a full refund to the Client regardless of the Artist cancellation date prior to the event.
8.1.6 If no resolution can be reached privately between an Artist and Client, KALAB can intervene as a third party and work with the Artist to provide suitable alternative Artist recommendations for the Client.
8.2 Client Cancellation
8.2.1 Clients may make a cancellation up to 10 days prior to the event and receive a full-refund (deducting service charges).
8.2.2 Client cancellations less than 10 days prior to the event will result in a 50% refund (deducting service charges).
9. General Provisions
9.1 Unless supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between KALAB and you.
9.2 No joint venture, partnership, employment, or agency relationship exists between you and KALAB as a result of this Agreement or your use of the KALAB Platform.
9.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
9.4 Your right to terminate this Agreement at any time remains unaffected.
9.5 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by KALAB via email.
10. Modification of these Terms
KALAB is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of KALAB
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.