Last Updated: July 11, 2022
Welcome to Kumu!
These Terms govern your use and access of the Kumu Application and Kumu Website (“Kumu Platform” or “Kumu”), including the communications, features, content, and services of the platforms (“Kumu Service”), except where we expressly state that a different set of terms apply.
Although we tried to make the Terms reader-friendly, there are still parts that may read like a traditional contract. We believe this is necessary and unavoidable since these Terms actually form a legally binding contract between you and Kumu. Please read these Terms carefully.
We amend these Terms from time to time, for instance when we update the features and functions of the Kumu Service. We will use reasonable efforts to inform you of any important changes to these Terms. For example, we can put a notice on the Kumu website / Kumu App or send you an email.
Your continued use of the Kumu Service after the Effective Date means that you accepted the revised Terms. If you do not agree to the revised Terms, you must stop using the Kumu Service.
The following companies operate the different services offered by Kumu. If you have any questions about these services, please contact us at email@example.com and we will coordinate with these companies for you.
- Operation of the platform used by Kumu users to create and distribute Content – operated by Kumumedia International Pte Ltd.
- Operation of the Virtual Gifting Business – operated by Kumumedia International Pte Ltd.
- Operation of the Marketplace Business – operated by Kumu, Inc.
- Operation of the Advertising Leasing Business for audiences based in the Philippines – operated by Kwentolabs, Inc.
- Operation of the Advertising Leasing Business for audiences based outside the Philippines – operated by Kumumedia International Pte Ltd.
“We” or “Us” refer to the company that is handling the particular service as described in the Terms.
Who Can Use the Kumu Service
In order to create a Kumu Account and use the Kumu Service, you must be of legal age and you must be allowed by law to enter into a contract with us. If you are using the Kumu Service on behalf of a business, group, or company, you must be authorized to agree to these Terms on behalf of the business, group or company.
If you are below the legal age, you may only use the Kumu Service with the consent of your parent or legal guardian. Please be sure that your parent or legal guardian has reviewed and discussed these Terms with you.You must also secure the agreement of your parent or legal guardian to be responsible for all of your actions on the Kumu platforms and their consequences.
The Kumu Service is strictly for your private use.
You also agree that we may change or remove any feature or function of the Kumu Service and some features or functions of the Kumu Service may not be available in some territories or on certain devices.
We may report any activity we suspect to be in violation of any law or regulations to the appropriate authorities and to cooperate with such authority.
Creating Your Kumu Account
To use Kumu, you must create an account (“Kumu Account”). When you create a Kumu Account, you must provide true and up-to-date information. You must promptly let us know if there are changes in the information you gave us by emailing us at firstname.lastname@example.org . We may request any information or data from you at any time if we have reasonable grounds to believe that you have failed to provide accurate data.
You are strictly prohibited from impersonating any person or misrepresenting your identity.
You agree that you are responsible for any activity of your Kumu Account. Therefore, it is really important that you keep your password confidential and that you do not disclose it to any third party. If you know or suspect that another person knows your password or has used your Kumu Account, you must inform us immediately at email@example.com.
You have the option to connect your Kumu account to your social media accounts (collectively “Social Media Accounts”). Please review your Social Media Accounts’ Privacy Settings and Privacy Notice so that you can understand how your Social Media Accounts collect, use and share your information. We are not responsible for the information used, collected, or shared by your Social Media Accounts.
If you no longer want to use Kumu Service and you would like your Kumu Account deleted, please send a message at firstname.lastname@example.org. When you choose to delete your Kumu Account, you will not be able to activate your Kumu Account again. You will also not be able to recover any of the content or information you used in your Kumu Account while it was active.
The Rights We Grant You When You Use Kumu
We grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Kumu Service.
You are not allowed to copy, change, distribute, sell, or lease any part of the Kumu Service. You are also not allowed to reverse engineer or attempt to extract the source code of any of the software that we are using on the Kumu Service.
TERMS FOR CREATION AND DISTRIBUTION OF CONTENT BY USERS
Kumu allows you to create, share and distribute content via livestream or through Kumu Clips. It is important for you to understand what rights you grant us. Please read these Terms carefully. If you have any questions, please contact us at email@example.com.
When you use the Kumu Service to live stream, create content, post comments, chat or contribute in other ways (“Contributions”), you continue to be the owner of the intellectual property rights and other proprietary rights of the Contribution. Your Contribution may include text, video, audio, photograph, graphics, comments and others.
You understand that when you make available the Contribution on the Kumu Platform, your Contribution may be viewed by other users of the Kumu Service (unless done via a Private Stream) and will be treated as non-confidential.
You are solely responsible for your Contribution. As such, you agree that you will not take any legal action against us and you will release us (and our directors, officers, employees, and contractors) and hold us harmless from any claims, damages, liability or responsibility in connection with your Contribution.
We have the right but not the obligation to monitor, limit access to, pre-screen or delete your Contribution at any time and for any reason, without notice. We may investigate any alleged violation of the Terms or the Additional Policies and take the necessary action.
We also have the right to remove, block or manage access to any Contribution that is excessive in size or burdensome to the system of the Kumu service.
We make no commitments regarding the success of your Contribution. You understand that other users of the Kumu Service may not react to your Contribution in the way hoped or intended and that Kumu has no responsibility for any commentary or reactions made by other Kumu users.
You represent and warrant that:
(a) your Contribution and our right to use the Contribution will not violate or infringe the rights of other persons, including their intellectual property rights;
(b) you are the creator and owner of the Contribution or you have the right to distribute the Contribution on the Kumu Service and to grant us the rights provided in these Terms;
(c) in case there are other persons that are in your Contribution, you have secured the written consent of each person that can be identified in your Contribution. The consent should include the right for you to make available the Contribution on the Kumu Service and for you to grant us the rights provided in these Terms and Additional Policies;
(d) your Contribution is not deceptive, false or misleading;
(e) your Contributions are not unauthorized advertising, unauthorized promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitations that we do not allow;
(f) your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us in our sole and absolute discretion);
(g) your Contribution does not ridicule, mock, disparage, intimidate, or abuse anyone;
(h) your Contribution does not promote the overthrow of any government or encourage physical harm or violence against another person or property;
(i) your Contribution does not violate any law, regulation, or industry practice rule or contain any link to any material that violates any law, regulation, or rule.
(k) your Contribution does not contain any material that solicits personal information from anyone under the age of eighteen (18);
(l) your Contribution does not exploit people under the age of eighteen (18) in a sexual or violent manner;
(m) your Contribution does not violate any law, regulation, or industry practice concerning child pornography, or otherwise intended to protect the health or well-being of minors; and
(m) your Contribution does not include any offensive comments that are connected to religion, race, ethnicity, national origin, marital status, sexual orientation, gender, gender identity, age, physical handicap or disability.
(n) your Contributions do not involve or advertise gambling or a game of chance;
(o) your Contributions do not involve or advertise investments, securities, or Ponzi schemes;
(p) your Contributions do not involve the unregulated and unauthorized solicitation from the public for charitable or public welfare purposes;
The Rights You Grant Us
When you use the Kumu Service to create, post, share or distribute your Contribution, you are granting us and our affiliates the following rights:
(a) a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, copy, display, reproduce, publish, perform, and distribute your Contribution on Kumu platforms, including without limitation the right to use your Contribution in promotion and marketing activities; and
(b) a perpetual license to promote, exhibit, broadcast, publicly perform, and publicly display the Contribution on the Kumu Platforms; and
(c) a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to your name, voice, likeness, and/or biographical characteristics contained in or provided in conjunction with your Contribution to use in conjunction with promotion, advertising, marketing, merchandising, publicity and any other ancillary uses.
When you use the Kumu Service, you understand and agree that a short portion of your live streamed Contribution and/or your comments during the livestream of another Kumu User may be recorded by other Kumu Users through Kumu Clips. This recording will be stored in the other Kumu User’s device and may be used by the other Kumu User.
If you are live streaming your Contribution, you warrant that the use by Kumu Users of Kumu Clips to record a portion of your Contribution and to use this recording as permitted will not violate the rights of third parties, including intellectual property rights.
Content from Third Parties
Much of the content available on the Kumu Service is made by other users of the Kumu Service (“Kumu Users”). You agree that the content is the sole responsibility of the person that made it available on the Kumu Service. We require that all Kumu Users comply with these Terms and Additional Policies. If you see any Kumu User violating these Terms or the Additional Policies, please contact us at firstname.lastname@example.org.
Contributions of Kumu Users do not represent the views of Kumu or any individual associated with Kumu. Kumu does not take any responsibility or assume any liability for any actions you may take as a result of viewing any such Contribution. Through your use of the Kumu Service, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Kumu Service, you assume all associated risks.
What You Agree Not To Do
By using the Kumu Service, you also agree that you will not use your Kumu account to:
(a) impersonate any person or entity, misrepresent your connection with any person or entity, use a username which does not belong to you without express consent of the owner;
(b) use the Kumu Service for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Kumu Service;
(d) scrape of retrieve data or other content from the Kumu Service, to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(e) make unauthorized use of the Kumu Service by collecting usernames and/or email addresses by electronic or other means or create user accounts by automated means or under false pretenses;
(f) circumvent, disable, or otherwise interfere with security-related features of the Kumu Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Kumu Service;
(g) engage in unauthorized framing of or linking to the Kumu Service;
(h) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
(i) make improper use of our support services or submit false reports of abuse or misconduct;
(j) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(k) interfere with, disrupt, or create an undue burden on the Kumu Service or the networks or services connected to the Kumu Service;
(l) sell or otherwise transfer your profile;
(m) use any information obtained from the Kumu Service in order to harass, abuse, or harm another person;
(n) use the Kumu Service as part of any effort to compete with us;
(o) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Kumu Service;
(p) attempt to bypass any measures of the Kumu Service designed to prevent or restrict access to the Kumu Service, or any portion of the Kumu Service;
(q) harass, annoy, intimidate, or threaten any other Kumu Users or any of our employees engaged in providing any part of the Kumu Service to you;
(r) delete the copyright or other proprietary rights notice from any content on the Kumu Service;
(t) use, upload, or transmit, or attempt to use, upload, or transmit, any software or material that contains, or which you have reason to suspect may contain, viruses, damaging components, malicious code, or harmful components which may impair or corrupt the Kumu Service’s data, features, or functions, or damage or interfere with the operation of another user’s computer or mobile device or the Kumu Service;
(u) upload or transmit, or attempt to upload or to transmit, any material that acts as a passive or active information collection or transmission mechanism, including but not limited to clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
(v) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Kumu Service, or using or launching any unauthorized script or other software;
(w) post, promote, or transmit through the Kumu Service any materials prohibited by law or by these Terms;
(x) interfere with another’s utilization and enjoyment of the Kumu Service in any manner, including the use of spamming; and
(y) use the Kumu Service other than in conformance with the acceptable policies for use of any connected computer networks, any applicable Internet standards, and any other applicable laws or regulations.
Copyright Infringement Report
In case you believe that your intellectual property right has been infringed by another Kumu User, you may contact the Kumu User directly in order to discuss your concerns. You may also file a Copyright Infringement Report with us to request the removal of the alleged infringing content from the Kumu Service. Please contact us by sending an email to email@example.com. Please provide the following information in your email:
- Your full name
- Your physical address
- Your phone number
- Whether you are the copyright owner or someone authorized to report on their behalf. Please note that if you are not the copyright owner or you are not authorized to report the infringement, we won’t be able to process the report.
- A copy of a certificate, license agreement and/or other materials to prove you are the copyright owner. If you are authorized to file the report, please also provide a power of attorney.
- Please provide a description of the infringing material. You can provide us screenshots or URL link.
- Please provide to us a complete description of the copyrighted work that you believe was infringed.
- Please provide additional materials or information that can support your report.
In addition to the foregoing, please confirm the following in your email:
- You in good faith believe that the reported use of the material is not authorized by the copyright owner or by law.
- You are the copyright owner or you are authorized to file the report.
- All the information that you submitted are accurate to the best of your knowledge
- All the information that you submitted may be forwarded to the Kumu User who uploaded the alleged infringing material on the Kumu App.
Please be aware that intentionally submitting a misleading or inaccurate report may lead to liabilities under applicable laws.
We will review the Copyright Infringement Report you submitted and coordinate with the Kumu User that uploaded or made available the alleged infringing material. We will promptly inform you about our decision. If we find that your report has basis, we will take down the material that is the subject of your report.
Politics Free Zone Policy
As a user of the Kumu Service, you agree not to engage in any of the following activities at all times, whether through public streams or private streams of the Kumu Service:
- Political Activities. Political Activities shall mean any activity which tends to display or promote political agenda or inclination; act designed to promote the election or defeat of a particular candidate or candidates to a public office; the exhibition of material containing election propaganda; and taking sides in any national or international conflicts disputes;
- Political Advertisements;
- Advocacy campaigns and infomercials where the focus is not on the promotion of information but on the Candidate;
- Expression of personal opinions about public officials/public figures or Candidates;
- Asking questions from other participants of a public stream or private stream which elicit a personal opinion about a public official/public figure or candidate;
- Interviews with public officials/ public figures which require offering personal opinions, which may later swing the other Kumu Users’ view or opinion of said public official/public figure or candidate.
For purposes of this section, a material shall be considered a Political Advertisement even if it does not directly promote or oppose the election of the candidate, or solicit the support or votes of the public, for as long as the focus of the material is not the promotion of a product or sponsor but on the candidate.
If you decide to run for public office in any jurisdiction where the Kumu Service is available, you shall refrain from making any Public Stream in your account during the Election Campaign Period of the said jurisdiction. If the public stream is outside your control, you shall ensure that the public stream shall be free from any Political Activity and Political Advertisement.
If you have any questions, please contact us at firstname.lastname@example.org.
Virtual Coins, Diamonds, and Gifts
Virtual currency: We offer a feature allowing you to purchase coins (“Coins”) for use in the Kumu Platform and/or (b) virtual gifts (“Gifts”) (Coins and Gifts are collectively referred to as “Virtual Items”). Any Gifts that are gifted to other Kumu Users within the Kumu Platform result in the receipt of virtual diamonds in the receiving User’s account.
The purchase of any Virtual Items must be made lawfully, under legitimate means, and with real currency. Notwithstanding your purchase or possession of such Virtual Items, you acknowledge and agree that the amounts of any Virtual Items do not refer to any credit balance of real currency, e-money, or its equivalent. The purchase and/or receipt of Virtual Items grants you a limited license to use the Kumu Service, including software programs that may manifest themselves as these items, according to the terms and conditions we may provide from time to time. You will not be able to sell Virtual Items in exchange for virtual currency, e-money, or real currency, nor will you be able to receive a refund of virtual currency, e-money, or real currency for Virtual Items.
The Coins that you purchased will not expire. You cannot transfer Coins directly to another User.
You acknowledge and agree that your distribution of any Gifts currently in your account (i.e. as a virtual “tip” to any other User’s account) may result in some revenue to the recipient Kumu User. You further agree that once you have confirmed a purchase of Coins and/or transfer of a Gift to another Kumu User’s account, the action cannot be undone and the Virtual Item cannot be withdrawn. We make no guarantee or claim that the amount or value of the Virtual Items you may give a Kumu User will correlate to the revenue such a Kumu User may receive.
The purchase of Virtual Items is a completed transaction upon our confirmation of electronic payment from you via the iTunes App Store, Google Play, or other channels.
We may deduct Coins from your wallet if we have a reasonable ground to believe that you have obtained the Coins fraudulently or that the sender of the Virtual Item that you received has used Coins obtained fraudulently. In such a case, we will inform you of our decision. If you have concerns, you may reach us at email@example.com. The deduction of the Coins is without prejudice to our other rights and remedies that are provided by these Terms and applicable laws.
Should your access to the Kumu Platform be suspended, limited, or terminated due to your violation of these Terms, we have the right at our sole discretion to exhaust and invalidate any and all Coins in your account, in addition to other remedies available to us under law or contract.
The price of the Coins, the value (i.e. the exchange rate for Coins) of the Gifts, and the revenue share described are determined by us in our absolute and sole discretion, based on your country of origin. We reserve the right to modify these rates from time to time.
By your use of the Kumu Service, you confirm your understanding and acceptance of the rates of any Virtual Items which shall be the current rate at the time of your purchase of said Virtual Items.
If you disagree with any part of, or do not fully understand the price of the Coins, or our rate policy, please refrain from purchasing or using any Virtual Items.
You will be able to monitor your Virtual Items through the Kumu Platform. If you have any questions, concerns, or suggestions regarding purchases and/or payments regarding the Kumu Platform, please contact us at firstname.lastname@example.org or email@example.com.
Virtual Diamonds Payouts
Any virtual diamonds stored in your account which is equal to or greater than the value of fifty thousand (50,000) diamonds, may entitle you to receive a certain amount in Real Currency. Such amount shall represent your revenue share from the sale of the Virtual Items purchased by Kumu Users using Coins and thereafter given to you (the “Rev Share”). The value of any Real Currency received from any Rev Share shall be determined by the rate at the time of the payout of such Rev Share, which we may set and change from time to time in our sole and absolute discretion. The exchange rate may also change due to the fluctuating price of the Coins, which are subject to change between the time when they were purchased and the time of the payout of the Kumu User’s Rev Share.
Virtual Items given as rewards: There may be instances where we reward you with Virtual Items without any cost to you. You understand and agree that Virtual Items given to you as rewards, or as part of a loyalty or promotional program, may be given subject to certain terms and conditions, including but not limited to expiration dates.
User Contests / Campaigns
Kumu does not sponsor, administer, organize nor endorse any contests or campaigns on the Kumu App unless otherwise announced by Kumu.
All complaints in connection with the User Campaign should be directed to the Kumu User who conducted the User Campaign.
Kumu shall not be liable to anyone for any losses whatsoever or howsoever caused directly or indirectly by the User Campaign.
TERMS FOR SHOP KUMU USERS
The Kumu Service features Shop Kumu where you can purchase goods/items(“Products”) or avail of services (“Service”) from accredited sellers or service providers of Kumu, Inc. (“Sellers”). For the avoidance of doubt, we only provide the platform but we are not the seller of the Products or provider of the Service unless otherwise provided. When you buy Products or avail of a Service via Shop Kumu, you actually buy the Product or avail of the Service from the Seller indicated on the pages of Shop Kumu .
You understand and agree that certain sections of these Terms are intended to benefit the Sellers and are enforceable by us on behalf of said Sellers, notwithstanding that said Sellersare not parties to this document.
Placing of Orders
By purchasing a Product or availing of the Service, you agree with these Terms and all the guidelines, rules, policies and instructions. We reserve the right to amend the Terms, guidelines, rules, policies and instructions from time to time.
The price of the Product/ Service shall be the price at the time you made the Order. All prices are subject to taxes, unless otherwise stated. The Seller reserves the right to amend the price at any time without giving any reason or prior notice.
You may only purchase Products which are delivered to an address located in an eligible location. Kumu makes no promise that Products available on the Kumu Service are appropriate or available for use in all locations. If you choose to access the Kumu Services from other locations, you do so at your own risk. It is your responsibility to ascertain and obey all applicable laws in regard to the possession, use and sale of any item purchased from the Kumu Service.
Details of the Products available for purchase are set out on the Kumu Service. All features, content, specifications, products and prices of Products described or depicted on the Kumu Service are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of the Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products at a particular time does not imply or warrant that these Products will be available at all times.
When placing an order for a Product or a Service (“Order”), you agree that the Seller has the right to decline or accept your Order. Unless the Order is accepted by the Seller, the Seller is not required to process your Order. Your Order becomes final upon acceptance by the Seller. The Seller may rely on the Order to process your Order. In case you would like to amend or cancel the Order, you will need to make a request with the Seller by sending an email to firstname.lastname@example.org.
You may pay for the Product/ Service using any of the payment methods prescribed by the Kumu Service, which may be modified or amended from time to time. After you place an Order, payment will be charged only upon Seller’s acceptance of said Order. All payments shall be made to us as Seller’s agent. You acknowledge that we are entitled to collect payments from you on behalf of the Seller.
The payment methods may be subject to additional terms. You agree that you are subject to the applicable user agreement of your payment method. You may not claim against the Seller or any of its agents (which may include us), for any failure, disruption, or error in connection with your chosen payment method.
If you fail to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, Seller may cancel your Order.
Delivery of Products
The Product shall be delivered to the address that you specified in your Order. The shipping and packing fees shall be as set out in the Order. You may track the status of the delivery by emailing us at email@example.com.
You acknowledge that we will make reasonable efforts to deliver the Product to you within the delivery timeframes stated on your Order. However, you acknowledge that the delivery time frames given are estimates only and delays can occur. If you are not available to accept the delivery after two attempts, the Seller may cancel the Order and you will not be charged for the Product.
The risk of damage to or loss of the Product shall pass to you at the time of delivery of the Product. You shall not be the owner of the Product delivered to you until we have received the full payment for the Product. If you possess the Product even if payment has not been made, you shall hold the Product as Seller’s agent and you will take reasonable care of the Product until the Product has been paid or recovered by the Seller.
Cancellation/ Return / Refund for Products Ordered
You are allowed to cancel your Order while your Order is not yet in transit to your delivery address. You may cancel your Order by emailing us at firstname.lastname@example.org.
Within seven (7) days from the date of delivery of the Product, You may return a Product that you ordered if:
- you receive a Product that is fundamentally different in nature from the Product specified in the Customer Contract;
- you receive a faulty or damaged Product;
- you receive a Product that is not as advertised on Kumu;
- you receive a Product that has missing parts/items; or
- you receive a Product that does not fit (applies only to fashion items).
Your refund shall be made via the original payment mechanism, except for Cash on Delivery where refunds may be made via bank transfer or store credit into your bank account. We offer no guarantee for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timelines.
All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us. All refunds are conditional upon our acceptance of a valid return of the Product. We reserve the right to modify the mechanism of processing refunds at any time without notice.
As an alternative to returning faulty or damaged Products, you may request for a repair or replacement of such Products.
If you have any questions or complaints, please contact us at email@example.com.
Performance of Service
The Service shall be performed or provided at the time and in the manner specified in your Order. If you have questions about the Service that you ordered, you may contact us at firstname.lastname@example.org.
By availing the Service, you agree that you will not share content from the Service with anyone who is not properly licensed to access the content. You also agree that you will not partake in any improper or inappropriate behavior including those that victimizes, harasses, degrades, or intimidates an individual or group of individuals.
If you are not available on the agreed schedule for the performance of the Service as provided in the Order, the Seller may cancel the Order and you will not be charged for the Service.
All prices are subject to taxes, unless otherwise stated. The Seller reserves the right to amend the price of the Service at any time without giving any reason or prior notice.
Cancellation/ Refund for Services Ordered
In case the Service you avail of is a service that requires a live meeting with the Seller (“Live Services”) and you are no longer available on the agreed schedule, you can request for a reschedule of the Service by email@example.com. .
For Live services, you are allowed to cancel within 24 hours before the scheduled time of your appointment. If you’ve already paid, you will be automatically refunded once your Order is cancelled. You may cancel your Order by emailing us at firstname.lastname@example.org.
Complaint on the Product/ Service +
We shall have no obligation to mediate between you and the Sellers. However, we may cooperate with any claim, case, or investigation conducted by users and/or government agencies regarding the sale transactions. In such cases, we may share information, including personal data, pertaining to the subject transactions and the users involved.
Limitation of Liability
The remedies set out in these Terms are your sole and exclusive remedies for any complaints or concerns regarding the Products/Services you purchased.
You agree that Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of, or relating to the sale of Product/performance of Service shall not be more than the amount that you have paid to Seller.
To the maximum extent permitted by law, we shall not be liable to you for any losses whatsoever or howsoever caused, and regardless of the form of action, arising directly or indirectly in connection with: (i) amounts due from other users of the Kumu Service in connection with the purchase of any Product or when you avail a Service; (ii) the sale of the Products to you or performance of a Service, or its use by you; and (iii) any defect arising from fair wear and tear, willful damage, misuse, negligence, accident, abnormal storage and/or working conditions, alteration or modification of the Products, or failure to comply with Seller’s instructions on the use of the Products, whether oral or written or failure to appreciate the Service provided by the Seller.
In addition to these Terms, the warranties with respect to a Product ./ Service (“Warranty”) shall be as stated by Seller on the relevant page of the Kumu Service and shall be limited by the terms and conditions therein.
You acknowledge and warrant that you have not relied on any condition or warranty, or representation made by or on behalf of Seller which has not been stated expressly in any description on the Kumu Service.
You agree that no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller.
Any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against Seller within six (6) months from the date of delivery, or from the scheduled delivery of the Product.
We shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Seller’s implied or express warranty.
Seller is not liable for any losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Seller’s prior written approval and in such instance, you shall indemnify Seller against all losses arising out of such claims.
Seller shall be under no liability under the above warranty or any other warranty, condition, or guarantee if the total price for the Products/Services has not been paid in cleared funds by the due date for payment; and to the extent allowed under Philippine law, Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Warranty, if any.
Sellers shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to us or any of our designated service providers, subcontractors, and/or agents.
Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall, except for the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity, operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.
The implied warranty under the New Civil Code of the Philippines against hidden defects and the rights of a consumer under Title III, Chapter III of Republic Act No. 7394, or the Consumer Act of the Philippines, shall apply.
Unless the prior written consent of Kumu has been obtained, you shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols, or legends affixed to any Products.
Where software applications, drivers, or other computer programs and/or all other design details, technical handbooks or manuals, drawing, or other data (all collectively referred to as “Materials”) are supplied to you by Seller in connection with the Order, the use and retention of the Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
You agree and acknowledge that the Materials shall remain the property of Seller or its licensors. You further agree that any and all Intellectual Property embodied in or relating to the Materials shall remain the sole and exclusive property of Seller or its licensors.
TERMS FOR SALE OF TICKETS
We may offer live streaming events (“Events”) on the Kumu Live Website (“Website”) to registered users. These Events may be produced or organized by us or by third parties. You may learn more about the third party producer/organizer by visiting the Event Page of the Website.
In such cases, you may watch the Event where our service is available and where we have the license to air or stream the Event. The Event that may be available for you to watch will vary by country, territory, or geographic location and will change from time to time.
If you watch an Event with sensitive, graphic, adult and/or mature content, language and/or theme (“Adult Content”), you represent that you are of legal age or are of age of majority in the applicable jurisdiction to watch Adult Content.
The streaming and quality of the Event may vary due to different factors such as type of device, location, internet speed/bandwidth, and the type of the Event (high definition, etc.). Please check for the recommended internet connection speed.
Purchase of Tickets
By purchasing a ticket, you authorize us to charge your method of payment for the total order amount which may include the ticket price, taxes and other applicable fees. Payment is due immediately upon purchasing the ticket.
The ticket price does not include internet access. You shall solely be responsible for procuring, maintaining, and paying the fees for your internet service to your internet service provider.
You may pay for the ticket by using any of the following payment methods, depending on their availability in your country or territory:
a.)Credit Cards – You may use any major credit card to pay for your ticket or selected Content, provided credit card payment is available in your country or territory.
b.)PayPal Account – By using your PayPal account, your credit card, and/or account enrolled with PayPal will be charged for the payment of your ticket or chosen Content.
c.)Other Payment Methods – Other payment methods which may be available in your territory.
If you do not receive confirmation of your ticket purchase, please contact us at email@example.com.
Before completing your purchase, please ensure that you will be able to view the Event during the scheduled date and time. We do not offer refunds in the course of regular business and will not process refunds for missed events.
In cases where refund may be granted based on our consideration of the facts of the case, the fund will be returned to the payment method you selected at the time of purchase of the ticket.
You understand that the tickets bought or obtained from or through our Website are not for resale or distribution.
You agree that you will not attempt to evade, avoid, or circumvent any refund provisions in any manner, including by seeking “chargeback” with regards to the ticket you purchased. In the event that you dispute a charge and it is determined that the charge was valid and not the result of fraud, we have the right to (i) seek payment, including associated fees, by whatever means necessary, including using collection agencies and legal proceedings; and (ii) refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which the chargebacks have been made. We also have the right to prohibit future purchases from all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card account or who otherwise breaches this provision.
We may use the services of third party payment service providers authorized and qualified to facilitate and collect payments on our behalf. In such instances, you may be subject to the terms and conditions and privacy policies/notices of such third party payment service providers wherein your personal information will be subject to the privacy policies/notices of the third party payment service provider. You confirm that you have read, understood and agree to be bound by the terms and conditions and privacy policies of such authorized third party payment service providers.
You understand that the information which you submitted may be verified first prior to allowing you to purchase a ticket to an Event. You must provide current, complete, and accurate information for your accounts and promptly update all information to keep such information current, complete, and accurate. You must promptly notify us if your payment method is cancelled or if you become aware of a potential breach of security, such as unauthorized disclosure and use of your username or password.
The Event that you will be watching contains materials including videos, photographs, images, sound recordings and others(“Content”) which may be owned by us or by third parties, including the artists. The Event and the Content are protected by copyrights, trademarks, service marks, patent or other proprietary rights and all applicable local and international laws.
Your purchase of a ticket to an Event grants you the right to watch the Event for your personal use only and strictly not for commercial use or purposes. You have no right to scrape, crawl, copy, download or employ any means or methods to extract any data from the platform or while watching the Event. You cannot grant, convey or otherwise transfer any license, sublicense or ownership of the Event and/or the Content. You agree not to sell/resell, digitally stream, broadcast or disseminate, modify, rent, lease, distribute or create derivative works based on the Event and/or Content or retain any copy/duplicate the Event and/or Content.
If you violate any part of this Agreement, your permission to watch the Event and/or to use the Kumu Service may be immediately terminated.
If we engage in a successful intellectual property enforcement action due to your unauthorized action resulting to loss, theft, pirating, copying, and/or unauthorized duplication of the Event and/or Content, we will be entitled to recover from you the reasonable fees, costs, and expenses incurred in so enforcing its intellectual property.
If you become aware of any infringement of any copyright or trademark of the Event and/or Content, you agree to immediately notify us and you shall cooperate with us in taking such actions as we may designate in order to stop such piracy.
Cancellation and Suspension of an Event
If an Event is rescheduled, your ticket will automatically be valid for the new schedule. If you do not wish to watch the Event on the new scheduled date for any reason, you can request for a refund up to thirty (30) days from the announcement of the new schedule of the Event. If the Event is cancelled, you will automatically receive a refund for the ticket that you purchased.
The date, times, venue and subject matter of the Event may change. During such instances, we will inform you about the changes by providing a notice on the Website.
Collection of Personal Information
Your purchase of the ticket through the Website requires that you provide us with your name and email address. You confirm your understanding of this requirement, and that you give your consent in the collection and processing of the said personal information. For further information on our policy on the processing of your personal information, please click on this link to read our Privacy Notice.
GENERAL TERMS APPLICABLE TO ALL SERVICES
Ratings and Review
When posting a rating or a review, you warrant and undertake to be compliant with the following:
- You should have firsthand experience win connection with the product or service subject of your review or rating;
- Your review should not contain offensive, abusive, or racist language;
- Your review should not contain discriminatory references based on religion, race, gender, gender identity, ethnicity, national origin, age, marital status, sexual orientation or disability;
- Your review should not contain references to illegal activity;
- You should not be affiliated with a competitor of the product or service subject of your review if you are posting negative reviews;
- You should not make conclusions as to the legality of the product;
- You should not post any false or misleading statements; and
- You should not organize a campaign or encourage others to post reviews, whether positive or negative.
While we do not have an obligation to monitor and screen reviews and ratings, we may accept, reject, or remove any reviews or ratings in our sole and absolute discretion.
You understand that Kumu does not endorse any rating or review. The reviews and ratings do not represent our opinion or the opinion of our affiliates and partners. We do not assume liability for any review or ratings.
You also agree that by posting a review or a rating, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, copy, display, reproduce, publish, perform, and distribute the same in all Kumu platforms and in any media.
(a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(c) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(g) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(h) use the application to send automated queries to any web platform or to send any unsolicited commercial email; or
(i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android devices: The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Platform:
(a) The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable app distributor’s terms of service;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) You represent and warrant that (i) you are not located in a country that is subject to a Philippine or U.S. government embargo, or that has been designated by the Philippine or U.S. government as a “terrorist supporting” country or its equivalent, and (ii) you are not listed on any Philippine or U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third-party terms of agreement when using the mobile application (i.e. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application); and
Limitation of Liability
No representations or warranties: The Kumu Service (including the service, the platform, and the content) are provided on an “as is” and “as available” basis. All data and/or information contained in the Kumu Service are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Kumu Service, except for those warranties and representations in connection with the Products. Without prejudice to the generality of the foregoing, we do not warrant:
(a) the accuracy, timeliness, adequacy, commercial value, or completeness of all data and/or information contained in the Kumu Service;
(b) that the Kumu Service will be provided uninterrupted, secure, or free from errors or omissions, or that any identified defect will be corrected;
(c) that the Kumu Service are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
(d) the security of any information transmitted by you or to you through the Kumu Service, and you accept the risk that any information transmitted or received through the Kumu Service may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees, or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic, or incorrect data transmission due to the public nature of the Internet.
Limitation of liability: We shall not be liable to you for any losses whatsoever or howsoever caused and regardless of the form of action arising directly or indirectly in connection with:
(a) any access, use, and/or inability to use the Kumu Service;
(b) reliance on any data or information made available through the Kumu Service. You should not act on such data or information without first independently verifying its contents;
(c) any system, server, or connection failure, error, omission, interruption, delay in transmission, computer virus, or other malicious, destructive, or corrupting code, agent program, or macros; and
(d) any use of or access to any other website or webpage linked to the platform, even if we or our officers, directors, agents, or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
At your own risk: Any risk of misunderstanding, error, damage, expense, or losses resulting from the use of the Kumu Service is entirely at your own risk and we shall not be liable therefore.
Third-Party Web Platforms and Content
For your convenience, we may include hyperlinks to other web platforms (“Third-Party Web Platforms”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content on the Internet that are owned or operated by third parties (“Third-Party Content”). Such Third-Party Web Platforms and Third-Party Content are not investigated, monitored, or controlled by us, or checked for accuracy, appropriateness, or completeness by us ,and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy, or any other objectionable material contained in the Third-Party Content, or the consequences of accessing any Third-Party Web Platform. Any hyperlinks to Third-Party Web Platforms or Third-Party Content are not an endorsement or verification of such web platforms or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Web Platform to which you navigate. Any purchases you make through Third-Party Web Platforms are through other web platforms and from other companies not associated with us, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Web Platforms and you shall hold us harmless from any damages caused by your purchase of such products or services. Additionally, you shall hold us harmless from any Losses sustained by you or damage caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Web Platforms.
Intellectual Property Rights
We own or have the rights to the Kumu Service and all the trademarks pertaining to the Kumu Service. Unless we allow it, you are not allowed to use any of these trademarks.
Ads on Kumu
Please note that Kumu only provides the space where the ads may be available. Advertisers are solely responsible for these advertisements, including but not limited to intellectual property rights and contractual rights. Advertisers are also solely responsible for any products or services that they promote.
US Sanctions and Export Policy
You agree to comply with all applicable economic and financial sanctions and trade embargoes, including those administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or the U.S. Department of State (“Sanctions”). Without limiting the foregoing, you represent, warrant and undertake that:
(a) Neither you nor any of your officers, directors, shareholders, nor to your knowledge, any of your employees, agents, or representatives is a person (i) whose property or interest in property is blocked by any Sanctions, (ii) operating, organized, or resident in a country or territory that is the target of comprehensive Sanctions (“Sanctioned Countries”), or (iii) is owned or controlled by any such person falling under (i) or (ii) (collectively, “Sanctioned Persons”);
(b) You shall not, in connection with its activities involving Kumu or these Terms, export, re-export, ship, sell, supply, deliver, or otherwise transfer any product, equipment, technology, or software to or from, or through – either directly or indirectly – a Sanctioned Country or through a Sanctioned Person, which may cause Kumu to violate any Sanction laws.
By using the Kumu Service, you warrant that you neither reside nor will use the Kumu Service while you are in Iran, Venezuela, Syria, Cuba, North Korea and the Crimean Region of Ukraine. We will not make the Kumu Service available in these territories unless further notice. If you discover that the Kumu Service is available in any of these territories, please report to us at firstname.lastname@example.org.
Compliance with Anti-Bribery and Corruption Laws
We are committed to conducting business transparently, honestly and with integrity. We comply with and conduct our business in accordance with applicable Anti-Bribery and Corruption laws in every jurisdiction where it operates or otherwise has a presence.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of said third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive redress.
All notices or other communications given to you if:
(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your last known address, which shall be deemed to be received by you on the day following such posting or on the day when it was left.
You may only give notice to us in writing sent to our designated address or email address, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
We may from time to time designate other acceptable modes of giving notices, including but not limited to email or other forms of electronic communication, and the time or event by which such notice shall be deemed given.
Electronic Communications, transactions, and signatures: Visiting the Kumu app or website, sending us emails, and completing online forms constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Kumu Service, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Kumu Service. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- Livestream service of Kumu – Singapore Law
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All disputes arising out of or in connection with the present terms and conditions, including any question regarding its existence, validity, or termination, shall be finally and exclusively settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) current during the time in which the arbitration proceeding is initiated. The PDRCI rules are deemed incorporated by reference into this clause. The arbitral tribunal shall consist of three (3) arbitrators to be chosen in accordance with PDRCI rules. The seat of arbitration shall be the Metro Manila, Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the rules are silent. The language to be used in the arbitration proceedings shall be English.
Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
Correction of errors: There may be information on the Kumu Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Kumu Service at any time, without prior notice and without any liability on our part.
Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Kumu Service shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Kumu Service and/or Services and reserve the right to use any service providers, sub-contractors, and/or agents on such terms as we deem appropriate.