Kamua offers a web application and tools that enable the automation of video editing and the production of videos using proprietary technologies. Our website is located at http://www.kamua.com (the “Site”). Kamua is owned and operated by Findie Development Ltd. (hereafter “Kamua”, “Findie”, “us”, “our”, “we”). These Terms of Service (“Site”) govern your access and use of the Site and all services available through the Site (“Services”).
“You” means any adult user of the Site or Services, or any parent or guardian of any minor whom you allow to use the Site and the Services, and for whom you will be held strictly responsible.
If you are a minor, defined for these Terms as under the age of 18, you must obtain the permission of your parent or guardian prior to using the Site or Services. If you do not obtain such permission, do not use the Site or Services.
Kamua and its licensors own the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein.
Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, have your parent’s or guardian’s permission to enter into this Terms, or otherwise have the ability to form a binding contract; (d) you shall deny access to the Services to children under the age of eighteen (18) or any other age which requires parental consent (including with regard to privacy) in your jurisdiction; and (e) your use of the Site and/or Services does not violate any applicable law or regulation or any obligation you may have to a third party and Kamua complies with the Children’s Online Privacy Protection Act of 1998 (ii) and is in compliance with the General Data Protection Regulation. By visiting and contributing to content on Kamua, you attest that you are old enough to use the Site, and have your parent’s or guardian’s permission to do so.
If you are using the Services on behalf of your employer or another entity (“Company”), you represent and warrant that you have full legal authority to bind the Company to these Terms. If you do not have such authority, then you may not use the Services on behalf of the Company and you must discontinue all use of the Services immediately. By logging in, you represent and warrant that you are authorized by the Company to access the Services.
When you complete the registration process, you create an account and become a User. Your account allows you to perform certain actions provided through the Services, subject to theTerms and the Privacy Notice. Kamua reserves the right to refuse to allow a User to open an account for any reason, or to limit the number of accounts a user can establish through the Services, all at Kamua’s sole discretion.
To create an account, you must select a username (email address) and password. Your username is your Kamua identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms and common practices. You may not provide false information during the registration process. You must provide truthful and accurate information while creating your account and you are responsible for keeping such information up to date.
Maintaining account security is very important. You should not reveal your password to other users. We will not ask you to reveal your password. If you forget your password, you can request to have a link sent to your registered e-mail address allowing you to change your password. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not open an account again without express permission.
You agree to immediately notify Kamua of any unauthorised use of your Kamua account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Kamua will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Kamua harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to email@example.com that your account has been compromised, and have requested us to block access to it. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site. Your Kamua account on the Site may not be sold, gifted or otherwise transferred to another person or entity under any circumstances and is limited to a single user per account.
Membership Payment and Terms
Once you register to our Services, either through third party login services or through email only, you will have created a Kamua account on the Site. For email only registration (i.e. no third party login tool) you will be required to confirm your email prior to your account being created. From this point onwards, you will be able to access our Services in order to create your Content. However you will not have access to the full functionality of the Site and the Services if Kamua does not allow you to open an account if you provided false information during the registration process for instance.
- Upon creating a Kamua account you will be required to choose a subscription plan. Free users generally use the Services without charge but may, in some circumstances, pay for some aspects of the Services. Information concerning our available plansplan can be found on the subscription page. When you subscribe to a Kamua plan following the creation of an account, plan), you receive our Services based on the following pricing policies: Free subscription. A Kamua’s sole discretion you will be entitled to use tools available via the Services to edit and rearrange video files, including the use of automated features. This usage is limited in nature and Kamua may change the parameters of such usage at its sole discretion without notification to you. Any videos you created on the Site using the Free plan will be limited and all outputs will be watermarked. The Kamua Service is offered on various payment alternatives, all as described in our subscription section. Kamua reserves the right to terminate all Free subscriptions at its sole discretion at any time.
- Paid subscription. Your subscription for a paid Kamua plan enables you access to the Services and their functionality, subject to the limitations associated with your chosen plan. Such limitations (storage quotas, video duration quotas, video download quotas, etc) are noted in our subscriptions section and we reserve the right to change these quotas at our discretion. For example, we may choose to increase or decrease any or all of these parameters to take effect at the next Billing Cycle. Thus, your paid subscription only secures access to and availability of the Services within these parameters for the duration of your subscription. If you choose a monthly subscription, it is possible that the parameters may change from month to month.
- Billing cycle. All of our plans are based on a periodic (monthly, annual, or otherwise) billing cycle and enable you to download video(s) you produced via the Site and share them. Your cycle starts on the date that you committed to your plan. It resets for a new cycle at the end of the period, e.g. a plan subscribed for on the 15th of March will renew on the 15th of April. Your plan entitles you to a certain number of minutes of videos processed and a certain number of videos downloaded per period as described in the Subscriptions section.
- No Roll-overs. Unused video credits (minutes of video processed, downloads, etc) at the end of a subscription period will expire. For example on a monthly plan, anything you have not used prior to the end of the month period will not be rolled over to the next month period. If you cancel your subscription, or if we cancel it, as per these Terms, you will no longer be able to access the remaining video credits in your account for the period. Should you reach your limit of you plan, you may upgrade to a superior plan and/or upgrade certain items at an additional price, depending on their availability at the time,.
- Charges. We accept various forms of payment, as set forth on the Site from time to time. By signing up for Kamua and providing your billing information, you are authorising us to charge your designated payment method on a recurring basis (now, and again at the beginning of any subsequent billing period), based on the plan you chose. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on the Site. In the case that we have an issue with your current credit (for example: card decline, fraud detection, etc), we will ask you to update your card details before proceeding with your plan. If Kamua does not receive payment from your payment provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Kamua may either terminate or suspend your subscription and continue to attempt to charge your chosen payment method until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). You will be charged on the date you signed up for a Kamua subscription plan (or at the end of any free trial period that may be granted at the sole discretion of Kamua), and subsequently, you will be charged in advance on or around the last day of each period for the immediately following periodic subscription term.
- Subscription renewal. Unless you cancel your subscription in your Billing section or otherwise notify us in writing of your decision to cancel, your subscription will automatically renew at the then-current fee. We reserve the right to change the subscription fee for any renewal term to be effective upon the renewal of your subscription.
- Subscription termination or cancellation. Your subscription will continue indefinitely until terminated in accordance with the Terms of this Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Kamua’s then current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into your account at https://kamua.com, selecting the “Billing and Subscription” Page and confirming the “cancel plan” or, alternatively, by informing the Kamua Customer Support Department at firstname.lastname@example.org at least 3 working days (72 hours) prior to the renewal commencement date and time. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires and we will downgrade your account to the Free plan on Kamua once the current paid plan period ends. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period, and any files that exceed the Cloud Storage limits associated with the Free plan at the time of the downgrade will be deleted,in order of date added, until such time as the size total of all files is within the Free plan storage parameters at such time.
- Subscription limits. If you reach your account limits according to your current plan, you will have the option to upgrade to a superior plan.
- Refund policy. All fees paid by you for your subscription plan are non-refundable. To the greatest extent permissible under applicable law, there are no refunds or credits for partially used periods or for any functionality or content not used while you were subscribed to the paid plan. Following cancellation, however, you will continue to have access to the Services to the end of your current billing period. In extenuating circumstances we will evaluate the possibility of refunding unused portions of subscription fees on a case by case basis.
- Changing plans. You can upgrade or downgrade your plan subscription plan through the Billing section and in accordance with the instructions specified therein (but you may not do so while your subscription is suspended, if that is the situation at the time).
- Unpaid fees. You agree that failure to pay the Kamua plan subscription fee shall forfeit your right to download any videos produced or uploaded using the Service and Kamua may prevent your ability to download such videos at any time in its sole discretion.
- Single user. A Kamua plan is valid for only one single end user. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account. You may not disclose your password to anyone else. If you have registered for a Kamua plan on behalf of your employer, please note that each end user of the Kamua plan must register for his or her own account.
Unless expressly set forth otherwise on the Site, the Kamua plan fee is inclusive of VAT and other applicable taxes for users based within the European Union. For users outside of the European Union, the Kamua plan fee is exclusive of any sales and other applicable taxes, which shall be your responsibility and liability. You shall make payment without any withholding or deduction for any reason. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred.
Kamua reserves the right to change or supplement the Kamua plan subscription fees and any other charges and billing procedures, at anytime. Such changes shall be effective immediately upon posting an update of these Terms or posting such changes elsewhere on the Site. If there is a dispute regarding your payment of fees, or the Service, Kamua shall have the right to terminate your account without prior notice.
Termination of Account
You agree that Kamua may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any Content associated with your account. Grounds for such termination may include (i) past due payment, regardless of the amount (ii) extended periods of inactivity, (iii) violation of the letter or spirit of these Terms, (iv) fraudulent, harassing or abusive behaviour, or (v) behaviour that is harmful to other users, third parties, or the business interests of Kamua,
Termination of Account for any of the above-mentioned reasons shall not entitle you to any refund.
If Kamua believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behaviour has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behaviour on the Site. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behaviour or Content of anyone believed to have violated these Terms or to have engaged in illegal behaviour.
You have the right to delete your account at any time. To delete your account, please go to your account settings and choose to delete. If you delete your account, subject to exceptions under applicable law and other requirements detailed in the Privacy Notice, Kamua shall permanently delete all files, and personal information. Kamua will anonymise the usage data, including data that has been shared with third parties following the termination or expiration of the account, for the purposes of reporting and for possible account recovery should you change your mind in the future. As long as you retain your Customer Number you may be eligible to retrieve usage data that has been anonymised..If you wish to keep videos made using your account you must download those videos to your device prior to the termination of your account, provided you have sufficient download quota remaining. If you cancel your paid subscription, you will no longer have access to certain features that were available through your subscription, however your videos will not be deleted, subject to the storage limits of the Free plan. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination. On termination, you lose the right to access or use the Services.
Certain types of content may be made available through the Site or the Services. “Content” as used in these Terms means, collectively, all content on or made available or created on the Site or through the Services by you. You are fully and solely responsible for any Content you create, submit or post to the Site or any other platform, including all Content that you include in any video or use to create your videos. You represent and warrant that any such submitted Content complies with all applicable law, that you have all necessary rights to submit any such Content or to use, display and distribute any submitted Content to create any video and that no such Content (or modifications you may make to such Content) infringes or violates any third party intellectual property rights, privacy or publicity rights, or moral rights. If you choose to link to Kamua any Content from an account at a third party (such as from a Facebook or Youtube account), you represent and warrant that you have all rights necessary to submit such Content for use with the Kamua services. If you distribute (or allow for the distribution of) any Content through any third party (such as through a social media account such as Facebook or Youtube), you represent and warrant that you have all rights necessary to distribute (or allow for the distribution of) such Content. Kamua has no obligation to accept, display, review or maintain any Content. Moreover, Kamua reserves the right to remove and permanently delete any Content, including any Content submitted or modified by any user, without notice and for any reason. Moreover, if Kamua reasonably believes that any Content distributed through a third party (such as through a social media account such as Facebook) could violate any provision of these Terms, Kamua may contact such third party in order to inform such third party of the relevant violation. WE DO NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.
Kamua may choose at its sole discretion to monitor Content for inappropriate or illegal behaviour, including through automatic means; provided, however, that Kamua reserves the right to treat user Content as content stored at the direction of users for which Kamua will not exercise editorial control except when violations are directly brought to Kamua’s attention. Kamua has the right to edit, delete, distort, modify or move user Content from the Site without notice for any reason at any time. Additionally, Kamua has the right to refuse to transmit, email, post or broadcast any user Content (including to refuse to allow a user to post or distribute such Content through a third party) without notice for any reason at any time.
Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
You irrevocably waive all claims that you may have against Kamua (including its affiliates, employees, contractors, users and customers) or any third party entities or individuals for the use or distribution of any of your Content including all claims in respect of intellectual property rights, privacy rights, publicity rights or moral rights. You shall fully indemnify Kamua against any such claims that you may bring.
Without limiting the foregoing, you agree that you will not create, transmit, submit or post any Content (including any modifications to or mashups of any Content) that: (i) Violates the legal rights of others, including defaming, abuse, stalking or threatening users; (ii) Infringes (or results in the infringement of) the intellectual property rights, moral rights or other rights of any third party; (iii) Is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (iv) does not comply with all applicable laws, rules and regulations; (v) Publishes falsehoods or misrepresentations that may damage us or any third party; (vi) Involves gambling activities, or the payment or acceptance of payments relating to gambling activities; (vii) Imposes an unreasonably or disproportionately large load on our infrastructure; or (8) Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
The software and technology underlying the Services is the property of Kamua, and you may not connect to or use the Site, Services and/or the Application in any way that is not expressly permitted by these Terms. Specifically, you may not do or attempt to do any of the following:
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services (including without limitation, for the purpose of obtaining unauthorized access to our Site and/or the Application) without our prior written authorization, including framing or mirroring any part of the Site and/or the Application;
Circumvent, disable, or otherwise interfere with security-related features of the Services, the Site, the Application or features that prevent or restrict use or copying of any Content, including without limitation any edited or summarized Videos;
Use the Site, Content or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms;
Sell, resell or otherwise monetize any Content to any third party, except as specifically set forth in these Terms;
Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or the Application;
Use any script, tools, “bots” or hardware for the purpose of interacting with, using or running the Application on an automated or unattended basis.
“Deep link” to the Services or any Content, unless such link was provided to you for that purpose by the Site or the Application;
Harvest, collect or mine information about other users of the Services;
Create a database by systematically downloading and storing all or any of the Content on the Site or the Application;
Violate the Terms or any other rule or agreement applicable to you or Kamua through the Services’ inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
Remove, obscure, make illegible or alter any proprietary notices or labels or other indications of Kamua’s rights in the Services;
Use or access another user’s account or password without permission; or
Use the Services or content thereon in any manner not permitted by these Terms.
YOU MAY NOT USE THE SERVICES IN AN ATTEMPT, OR WITH A VIEW TO DEVELOP, OR CREATE, OR PERMIT OTHERS TO DEVELOP OR CREATE, A PRODUCT OR SERVICE SIMILAR TO OR COMPETITIVE WITH THE SERVICES.
Kamua and its licensors own the Site, including all worldwide intellectual property rights in the Site and Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site, Content or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Content or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Findie, Kamua or any third party, unless as Kamua may expressly permit.
You hereby represent, warrant and covenant that you have all right, title and interest in and to the Content you make available on the Services and that any Content you submit does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified herein.
You retain all right, title and interest in any Content of yours that you submit to Kamua. If any third-party Content is included in any video you create, you receive no rights in such Content, save the limited right to distribute such Content as embedded in your video, subject to the terms and conditions of these Terms.
You are not required to provide Kamua with any feedback or suggestions regarding the Services or any Content. However, should you provide Kamua with comments or suggestions for the modification, correction, improvement or enhancement of the Services then, subject to the terms and conditions of this Agreement, you hereby grant Kamua a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Kamua chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Kamua’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media Kamua chooses, but without reference to the source of such comments or suggestions.
We respect the intellectual property rights of others and request our users to do the same. This section describes our copyright policy. Kamua does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and Kamua expressly disclaims any and all liability in connection with Submissions. Kamua does not permit copyright infringement or infringement of intellectual property rights on its Site or the Application. We will remove all Content and Submissions if properly notified of these infringements, and may do so at our sole discretion, without prior notice to users at any time.
Alleged Infringement Notice
If a person believes that certain content, which appears on or through the Services, infringes copyright that that person owns or represent and under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is Kamua’s policy to respond to copyright owners who believe that material appearing on the Services infringes their rights under US copyright law should any of our services be hosted on a US based server.. If you believe that something appearing through the Services infringes your copyright, you may submit a notification pursuant to the DMCA by providing our Copyright Agent (information below) with the following information in writing (please see 17 U.S.C 512(c)(3) for further detail) to our designated agent (“Agent”).
Upon their notification and subject to applicable copyright laws, we may remove or disable access to any such content. To be effective, the notification of claimed infringement must be a written communication provided to our Agent that includes substantially the following:
- Your name, address, telephone number, and e-mail address.
- A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;
- Identification of the work and the pertinent exclusive legal right claimed to be infringed, or if multiple works or legal rights are covered by a single notification, a representative list of such elements;
- Identification of the material that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including the precise location on the Services where they discovered the work claimed to be infringing;
- A statement that they have a good faith belief that the use of the material, in the manner complained of, is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that they are authorized to act on behalf of the owner of copyright that is allegedly infringed.
After receiving the communication, we may ask the person who submitted the claimed infringement to provide further or supplemental information, prior to removing any content on the Services, as we deem necessary to comply with applicable law. We may also provide the user who uploaded the allegedly infringing content, with the contact details of the person who submitted the claimed infringement, in order for the former to be able to contact the latter and challenge the claim.
If we’ve removed material that a user of the Services submitted for posting, pursuant to a notification of claimed infringement that we received, then that user has an opportunity to respond to the notification and our takedown by submitting a counter-notification to our Agent. To be effective, the counter notification must be a written communication provided to our Agent that includes substantially the following:
- Your name, address, telephone number, and e-mail address.
- The user’s physical or electronic signature;
- Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;
- A statement, under penalty of perjury, that the users has a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;
- A statement that the user consents to the jurisdiction of the competent courts in any judicial district in which their address is located or in which they may be found, and that they will accept service of process from the person who provided notification or an agent of such person.
After receipt of a counter notification, we will provide the person who submitted the claimed infringement notification, with a copy of the counter notification.
We may then repost the removed material and cease disabling access to it within 14 business days following receipt of the counter notice, unless our Agent first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain such user from engaging in infringing activity relating to the material on the Services.
We may deny or cancel any instance of your use of the Services, or terminate your user account altogether, if we determine, at our sole discretion, that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice or a user whose uploaded material was removed from the Services more than twice.
We may decide, at our sole discretion, that a sufficient reason exists for the immediate termination of your account for any reason, at any time. In these cases we may terminate your account immediately.
Our Agent is the company’s Data Protection Officer (DPO). You may contact our Agent through any of the following communications channels:
- Email address: email@example.com
- Postal Address: Findie Development Limited, 60 Windsor Avenue, London, SW19 2RR
Please note that our Agent receives alleged infringement-related notifications only.
Be aware that there can be substantial penalties for false claims and that any person who knowingly materially misrepresents that: (i) certain material is infringing, or (ii) certain material was removed or disabled by mistake or misidentification – may be liable for any damages, including costs and attorneys’ fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.
Disclaimers & Disclaimer of Warranty
Your use of the Site, Content and Services is at your sole discretion and risk. The Site, Content and Services, and any product made available through the foregoing, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT, AND SERVICES, OR WITH RESPECT TO ANY PRODUCT MADE AVAILABLE THROUGH THE FOREGOING, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT AND SERVICES; OR (II) THAT THE SITE AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICES OR THE APPLICATION IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
We are not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, or transmitted by any User, whether by users of the Services or by any of the equipment or programming associated with the Services. We take no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. PRIOR TO UPLOADING ANY CONTENT TO THE SITE, YOU SHOULD ENSURE THAT YOU FULLY UNDERSTAND HOW THIRD PARTIES MAY ACCESS AND SHARE, SUCH CONTENT. IF YOU DO NOT FULLY UNDERSTAND HOW THIRD PARTIES MAY ACCESS AND SHARE CONTENT, DO NOT UPLOAD CONTENT. YOU SHALL NOT HAVE ANY CLAIMS AGAINST KAMUA, AND YOU HEREBY IRREVOCABLY WAIVE ALL CLAIMS AGAINST KAMUA, IN RESPECT OF THE USE, EDITING, MODIFICATION OR DISTRIBUTION OF ANY CONTENT (A) DESIGNATED AS “PUBLIC” ON THE SITE OR (B) IN RESPECT OF WHICH YOU HAVE PROVIDED THIRD PARTIES WITH A LINK TO SUCH CONTENT. KAMUA DOES NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO WHETHER USER GENERATED CONTENT INFRINGES THE INTELLECTUAL PROPERTY, MORAL, PRIVACY OR PUBLICITY RIGHTS OF ANY THIRD PARTY.
Limitation of Liability
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, or from the conduct of any Users of the Site or Services, whether online or offline.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Kamua and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or your employees or agents or anyone using your computer, device, or password; (b) any claim, loss or damage experienced from your or your employees’ or agents’ use or attempted use of (or inability to use) the Services, including any transactions that you or your employees or agents conduct or attempt; (c) your or your employees’ or agents’ violation of any law, ordinance, rule, regulation or treaty; (d) your or your employees’ or agents’ infringement of any right of any third party, including without limitation the infringement by any Submissions of any third party intellectual property right or moral right; (e) your or your employees’ or agents’ violation of any applicable law, regulation, rule or third party intellectual property right or moral right as a result of your or your employees’ or agents’ forwarding, posting or use of any Content; (f) any Content that you or your employees or agents downloaded from the Services or modified; and (g) any other matter for which you or your employees or agents are responsible hereunder or under law. You agree that your or your employees’ or agents’ use of the Services shall be in compliance with all applicable laws, regulations and guidelines.
Choice of law, mandatory arbitration and venue
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of England. Further, you and Findie agree to the jurisdiction of the courts of England to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them).. Findie does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section is enforceable, the following mandatory arbitration provisions apply to you:
1. Dispute resolution and arbitration
You and Findie agree that any dispute, claim, or controversy between you and Findie arising in connection with or relating in any way to these Agreements or to your relationship with Findie as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
2. Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
In the event that Findie makes any future change to this arbitration provision (other than a change to Findie’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Findie’s address for Notice, in which case your account with Findie shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Findie or enables you to act on behalf of Findie. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby cancelled.
We may at any time, without prior notice: (a) cancel any user account, or limit any user’s access to all or portions of the Site; (b) change or eliminate any component of the Site; (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof (including, without limitation, by changing the manner in which fees are calculated); and (d) assign any and all of our rights under these Terms to any other entity. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns. We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.
Nothing contained in these terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of Kamua (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. These Terms supersede any prior agreements with regard to your use of the Site.
This Clause applies only to the personal data of individuals in the EU.
1. In this Clause, the following terms shall have the following meanings:
“controller”, “processor”, “data subject”, “personal data”, “processing” (and “process”) and “special categories of personal data” shall have the meanings given in Applicable Data Protection Law
“Applicable Data Protection Law” shall mean: (i) prior to 25 May 2018, the EU Data Protection Directive (Directive 95/46/EC); and (ii) on and after 25 May 2018, the EU General Data Protection Regulation (Regulation 2016/679)
2. Customer (the controller) appoints Kamua as a processor to process the personal data of individuals in the EU described in these Terms and Conditions (the “Data”) for the purposes described, and the terms set out, in these Terms and Conditions, including, for the avoidance of doubt, to provide Customer with, and update and improve, our Services (or as otherwise agreed in writing by the parties) (the “Permitted Purpose”). Each party shall comply with the obligations that apply to it under Applicable Data Protection Law;
3. Unless explicitly requested by Kamua to do so, Customer shall not disclose (and shall not permit any data subject to disclose) any special categories of personal data to Kamua for processing;
4. Kamua shall not transfer the Data outside of the European Economic Area (“EEA”) unless it has taken such measures as are necessary to ensure the transfer is in compliance with Applicable Data Protection Law. Such measures may include (without limitation) transferring the Data to a recipient in a country that the European Commission has decided provides adequate protection for personal data, to a recipient in the United States that has certified its compliance with the EU-US Privacy Shield, or to a recipient that has executed standard contractual clauses adopted or approved by the European Commission;
5. Kamua shall ensure that any person it authorises to process the Data (an “Authorised Person”) shall protect the Data in accordance with Kamua confidentiality obligations under these terms;
6. Kamua shall implement technical and organisational measures to protect the Data (i) from accidental or unlawful destruction, and (ii) loss, alteration, unauthorised disclosure of, or access to the Data (a “Security Incident”);
7. Customer consents to Kamua engaging third party subprocessors to process the Data for the Permitted Purpose provided that: (i) Kamua maintains an up-to-date list of its subprocessors,, which it shall update with details of any change in subprocessors at least 30 days prior to the change; (ii) Kamua imposes data protection terms on any subprocessor it appoints that require it to protect the Data to the standard required by Applicable Data Protection Law.
8. Kamua shall provide reasonable and timely assistance to Customer (at Customer’s expense) to enable Customer to respond to: (i) any request from a data subject to exercise any of its rights under Applicable Data Protection Law; and (ii) any other correspondence, enquiry or complaint received from a data subject, regulator or other third party in connection with the processing of the Data. In the event that any such request, correspondence, enquiry or complaint is made directly to Kamua, Kamua shall promptly inform the Customer providing full details of the same;
9. If Kamua believes or becomes aware that its processing of the Data is likely to result in a high risk to the data protection rights and freedoms of data subjects, it shall inform Customer and provide reasonable cooperation to the Customer in connection with any data protection impact assessment that may be required under Applicable Data Protection Law;
10. If it becomes aware of a confirmed Security Incident, Kamua shall inform Customer without undue delay and shall provide reasonable information and cooperation to Customer so that Customer can fulfil any data breach reporting obligations it may have under (and in accordance with the timescales required by) Applicable Data Protection Law. Kamua shall further take reasonably necessary measures and actions to remedy or mitigate the effects of the Security Incident and keep Customer informed of all material developments in connection with the Security Incident.
11. Deletion or return of Data: Upon termination or expiry of this Agreement, Kamua will, on Customer’s explicit request, delete or return the Data in its possession or control (in a manner and form decided by Kamua, acting reasonably). This requirement shall not apply to the extent that Kamua is required by applicable law to retain some or all of the Data, or to Data it has archived on back-up systems, which Data Kamua shall securely isolate and protect from any further processing.
12 Kamua shall on reasonable prior notice and at the Customer’s expense and subject to the confidentiality obligations set out in the Agreement, either (at Kamua’s determination) provide an independent third party audit report to recognised standards or submit to audits and inspections and provide information reasonably required in order to assess and verify compliance with the provisions of this Clause and the requirements of the Applicable Data Protection Law.
If you have any questions concerning these Terms, please contact Kamua customer service.
Last Updated: 25.04.2019