Terms and Conditions
1. Acceptance of terms
By accessing or using the Kuumba website, mobile application, or any other service provided by Kuumba (collectively, the “Services”), you agree to be bound by these terms and conditions of use (the “Terms of Use”). If you do not agree to these Terms of Use, you are not authorized to use the Services.
2. Modification of terms
Kuumba reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice. Please check these Terms of Use periodically for changes. Your continued use of the Services after the posting of changes to these Terms of Use will mean you accept those changes.
3. Privacy policy
Your use of the Services is also subject to Kuumba’s privacy policy (the “Privacy Policy”), which is incorporated by reference into these Terms of Use. Please review the Privacy Policy to understand our practices with respect to the collection, use, and disclosure of personal information.
4. Account Registration
In order to access certain features of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Kuumba reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
5. Intellectual property
All content included on the Services, such as text, graphics, logos, images, and software, is the property of Kuumba or its content suppliers and protected by United States and international copyright and trademark laws. The compilation of all content on the Services is the exclusive property of Kuumba and protected by U.S. and international copyright laws.
6. License and Restrictions
6.1 Licenses. Subject to these Terms of Use, Kuumba grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only. You may not use the Services for any other purpose without the prior written consent of Kuumba.
6.2 Restrictions. You agree not to:
- reproduce, modify, adapt, translate, create derivative works from, distribute, perform, or display the Services or any part thereof except as specifically permitted in these Terms of Use;
- use the Services for any commercial purpose without the prior written consent of Kuumba;
- reverse engineer, decompile, or disassemble the Services or any part thereof;
- remove any copyright or other proprietary notices from the Services or any part thereof;
- use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services; or
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about users for any unauthorized purpose.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Services at Kuumba’s sole discretion, and Kuumba may refer you to appropriate law enforcement agencies.
You may not use the Services in any manner that could lead to the encouragement, procurement, or carrying out of any illegal or criminal activity. You may not use the Services to transmit or post any content that is defamatory, harassing, abusive, threatening, or obscene.
Kuumba reserves the right to take any action it deems necessary to protect the security and integrity of the Services and the personal information of its users. This may include, but is not limited to, the blocking of certain IP addresses or the removal of certain content from the Services.
By accessing and using the Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Kuumba reserves the right to terminate or suspend your access to the Services at any time, without notice, for any reason or no reason, including, but not limited to, your violation of these Terms of Use. Upon termination of your access to the Services, your right to use the Services will immediately cease.
7. Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis. Kuumba makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on the Services. To the full extent permissible by applicable law, Kuumba disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Kuumba will not be liable for any damages of any kind arising from the use of the Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
8. Limitation of liability
Kuumba will not be liable for any damages of any kind arising from the use of the Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
9. Indemnification
You agree to indemnify and hold Kuumba and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms of Use, or your violation of any rights of another.
10. Miscellaneous
These Terms of Use constitute the entire agreement between you and Kuumba with respect to the Services. The failure of Kuumba to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11. Termination
Kuumba reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice.
12. Age of Users
The Services are not intended for children under the age of 13. By using the Services, you represent and warrant that you are at least 13 years of age. If you are under the age of 13, you are not authorized to use the Services and must not access or use the Services.
Kuumba does not knowingly collect or solicit personal information from children under the age of 18. If Kuumba becomes aware that it has collected personal information from a child under the age of 18, Kuumba will delete such information as soon as possible. If you believe that Kuumba may have collected personal information from a child under the age of 18, please contact Kuumba at privacy@kuumba.app.
13. Third-party websites
The Services may contain links to other websites that are not operated by Kuumba. Kuumba has no control over and is not responsible for the content or practices of these third-party websites. These links are provided for your convenience and reference only. Kuumba does not endorse and is not responsible for the content or practices of these third-party websites.
14. Changes to the Services
Kuumba reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Kuumba shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
15. User Submissions
By submitting any material to Kuumba, you represent and warrant that you have the right to do so and that such material does not violate any third party’s intellectual property rights. You also grant Kuumba a perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
16. Governing law
These Terms of Use and your use of the Services shall be governed by and construed in accordance with the laws of the State of [State], without giving effect to any principles of conflicts of law.
17. Dispute resolution
Any dispute arising out of or relating to these Terms of Use or the Services shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.