Last Update: 1 May 2024
Terms of Service
The provisions of this terms of services (the "Terms of Services") govern your interactions with KAHUNA MUSIC LTD doing business as Kahun, a company registered in Office 408, Screenworks 22 Highbury Grove, London, United Kingdom, N5 2ER, its subsidiaries, parent companies, joint ventures, and other business entities with common ownership, as well as any of their representatives, consultants, employees, officers, and directors (collectively, "Kahuna”, “We”, “Us”) and your access to and use of the Kahuna websites (https://kahuna.io, https://funding.kahuna.io/, https://app.kahuna.io) and any other websites, mobile applications and/or services that are made available by Kahuna (collectively, the “Services”). Please carefully read these Terms of Services, Privacy Policy and any other document made available through our Services before accessing or using them.
YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICES, PRIVACY POLICY AND ANY OTHER LEGAL DOCUMENT MADE AVAILABE BY US, BY USING OR OTHERWISE ACCESSING THE SERVICES. PLEASE DO NOT USE THE SERVICES OR IMMEDIATELY CEASE USE OF THEM IF YOU DO NOT AGREE TO ALL OF THESE TERMS. WHERE PROHIBITED, USE OF THE SERVICE IS NULL AND VOID.
1. TERMS AND CONDITIONS OF THE SERVICES
1.1. Account
In some cases, you may need to create an account and determine a password in order to use or access our Services ("Account"). Account information, including password, is exclusive to you and you shall not share with third parties. You are responsible for all transactions that are conducted under your Account, including, but not limited to, transactions by credit card and other payment methods. If you believe your password has been obtained or learned by someone else, you should immediately change your password from a secure terminal and notify Kahuna immediately. Kahuna is not responsible for any loss of information, damages, or other legal action that may occur if such security obligations are not met. All of our legal rights reserved, we may suspend or terminate your access to Services if we detect or suspect that your account is being used by another member or any other third party.
1.2. Terms of services
You acknowledge and agree that you shall not, under any circumstances:
name your Account or choose a username in the Services with the intent to impersonate another person or entity or to impersonate an employee of Kahuna or share in correct information,
Sell, rent, or give away your Account; create an Account on behalf of someone other than yourself,
use the Services if you have previously been removed by Kahuna or previously been banned from using any of the Services,
do anything that Kahuna judges to be against the spirit or intent of the Services,
Post, upload, publish, send, or send any content that violates, misappropriates, or infringes upon the patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights of, or rights to publicity or privacy of, a third party; (ii) engages in, or encourages others to engage in, conduct in violation of, any applicable law or regulation, which could subject them to civil liability; (iii) is dishonest, false, misleading,
without Kahuna's prior written approval, you may not use, display, mirror, frame, or use any other Kahuna name, trademark, logo, or other proprietary information, or the style and design of any page or form found on a page,
access, manipulate, or use the technical delivery methods of Kahuna's suppliers, its computer systems, or non-public sections of the Services,
attempt to circumvent any security or authentication procedures, or probe, scan, or test the vulnerability of any Kahuna system or network,
attack, including without limitation the spread of a virus, denial-of-service attacks against the services, or other attempts to interfere with the use or enjoyment of the Services by anyone else, initiate, aid, or get involved in any kind of attack; or use emulators, cheats, exploits, automation software, bots, hacks, mods, or any other type of unauthorized third-party software,
using unofficial third-party software to alter or interfere with the Services or to change or cause to be changed any files that are a part of the Services,
attempt to gain unauthorized access to the Services, Accounts registered to other people, or the computers, servers, or networks connected to the Services using any method other than the Kahuna-provided user interface, including, but not limited to, by getting around or altering any security feature, technology, device, or software that is a part of the Services,
Avoid, bypass, remove, disable, impede, scramble, or otherwise go around any technological safeguards put in place to protect the Services by Kahuna, any of its providers, or any other Third Party (including a user),
attempt to use any engine, software, tool, agent, device, or mechanism (such as spiders, robots, crawlers, data mining tools, or similar items) other than the software and/or search agents provided by Kahuna or other publicly accessible third-party web browsers to access or search the Services,
any unwelcome or unlawful advertising, solicitation, or other items via email, junk mail, spam, chain letters, etc.; misuse the services in any way to send manipulated, misleading, or false source-identifying information, including forging any packet header or any portion of the header information in any email or newsgroup message,
engage in acts or attempts to harass, abuse, or harm another person, group, Kahuna's employees, agents, consultants, officers, or directors, or the Services; or engage in threatening, abusive, obscene, defamatory, libelous, racially, religiously, sexually, or otherwise objectionable or offensive acts, including posting and/or communicating such information through the Services or by any means.
Such illegal use can also be against the law, including relevant copyright and trademark laws as well as any communications laws and regulations. Nothing in these Terms of Services should be interpreted as granting a license to any intellectual property rights unless expressly stated otherwise. In its sole discretion, Kahuna reserves the right to decide whether a person's actions violate this Terms of Services, or the Services. As a result, Kahuna reserves the right to take whatever measures it deems necessary, which may include denying you access to the Services, closing your account, and/or restricting your use of the Services.
1.3. Updates to terms and services
Kahuna can change these Terms of Service at any time and for any reason. If this happens, a modified version of the Terms of Service will take effect immediately upon publication on the website. You agree to these changes if you continue to use the Services following the changes. You need to discontinue access/usage to Services if you do not accept some or all of these changes.
Likewise, Kahuna reserves the right to modify Services or terminate your access to Services at any time, without prior notice or return of any kind. You represent that you are aware of and agree in advance to limit or terminate your use of Kahuna's Services at any time, for any reason, without notice or payment.
1.4. Third-party Terms of Services:
You are required to comply with the terms and conditions of the Third Parties as well as these Terms of Services if you access the Services through a Third-party platform like Apple, Google, Amazon, and/or a Social Networking Site ("SNS") like Facebook or Google. You accept and concur that the terms and conditions of each third party apply to the third party's services and that Kahuna has no liability and responsibility regarding these. Because they represent a contract between you and the relevant third-party service provider, please read these third-party terms and conditions carefully.
2. INTELLECTUAL PROPERTY RIGHTS
The Services, including without limitation any software, titles, computer code, object and source code, themes, artwork, animations, sounds, audio-visual effects, documentation (all together “Kahuna Content”), Kahuna retains full ownership of all economic rights, moral rights, related rights, trademark, design, patent rights and without limitation to these all rights, including all intellectual property and other proprietary rights.
You are not allowed to sell, copy, exchange, transfer, publish, assign, or otherwise disseminate anything you copy or derive from the Service, unless Kahuna specifically permits it.
YOU CAN NOT SELL, RENT MODIFY, REPRODUCE, MANIPULATE, COPY, PUBLISH, DISTRIBUTE THE KAHUNA CONTENT.
3. SUSPENSION AND TERMINATION OF SERVICES
3.1. Without limiting any other remedies, Kahuna may delete, suspend, terminate, limit, or modify accounts or access to the services or any portions thereof if Kahuna suspects or determines that (i) you have violated any of the Terms of Services, for any suspected or actual illegal activity, or for the erroneous use of the Services, (ii) you conduct criminal or any other unlawful behavior with or without prior notice to you.
You run the risk of losing your account and information if you engage in such behavior. Kahuna is not obligated to make up for any information or losses you may have suffered and will not be held liable for any of these.
3.2. Your access to the Services or a portion of them will be immediately terminated if Kahuna decides to discontinue providing and/or supporting the Services. In this case, Kahuna is not obligated to offer users any refunds, rewards, or other compensation in connection with the suspended or terminated Services. As a result of such acts, your Account might also be terminated and your access to all or a portion of the Services, including any material that may have been submitted or was in the process of being submitted, could be disabled.
4. WARRANTY
THE SERVICES ARE PROVIDED TO YOU ON A "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR CUSTOM OF TRADE, WITHOUT LIMITING KAHUNA'S LIABILITY UNDER SECTION LIMITATION OF LIABILITY BELOW.
KAHUNA DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, BUGS, TROJAN HORSES, DEFECTIVE FILES, WORM PROGRAMS, DIALER PROGRAMS, SPAM, SPYWARE, AND ANY OTHER MALICIOUS AND DAMAGING SOFTWARE (SUCH AS SPYWARE AND ADVERTISING SOFTWARE), PROGRAMS, PRODUCTS, CODES AND/OR MATERIALS OR THAT THE SERVICES OPERATE FLAWLESSLY OR WITHOUT INTERRUPTION.
5. LIMITATION OF LIABILITY
5.1. To the maximum extent permitted by law, Kahuna is not liable from indirect, accidental, consequential, special, disciplinary, including but not limited to lost revenue, lost profits, lost data, or business interruption or any other intangible loss (but such loss is eligible), whether based on contract, tort, or other legal theory, and whether Kahuna advised regarding the possibility of such damages.
5.2. Kahuna is not liable in any way for the actions or behavior of third parties, including, but not limited to, User Content, any interactions you may have with other actual or legal entities using our Services, any shared content associated with Services on public forums, third-party links and miscellaneous services under the Services.
5.3. Certain guarantees and the restriction or exclusion of liability for specific types of damages are not permitted in some jurisdictions. Some of these exclusions and limitations might not be applicable to you as a result. If Kahuna is prohibited by applicable law from disclaiming any warranties or limiting its responsibility in the manner set forth in this Terms of Services, the scope of such warranties and the amount of Kahuna's liability shall be the least that is authorized by such relevant law. Particularly, nothing in these Terms of Services shall limit or exclude Kahuna's liability for death or bodily harm resulting from its negligence or fraud, nor shall it affect any consumer's statutory rights.
6. INDEMNITY
In the event that you violate any of these Terms of Services, you undertake to pay, defend, and keep Kahuna harmless from any claim, demand, damages, or other losses, including reasonable attorneys' costs, made by any Third Party. You agree to assist Kahuna in its defense of any claims for which you are obligated to indemnify Kahuna. Kahuna reserves the right to assume the exclusive defense and control of any matter at your expense.
When Kahuna learns of any such claim, action, or proceeding, it will use commercially reasonable attempts to notify you.
You acknowledge and agree that the contents of this paragraph shall survive any termination of the Services or of your Account(s).
7. DISPUTE RESOLUTION AND APPLICABLE LAW
You consent to the jurisdiction of the England (London) Courts and Execution Offices and agree that all issues between you and Kahuna shall be governed by English law, without regard to any conflict of law rules.
8. NO CLASS ACTION
Only individually may you and Kahuna establish a claim against the other. You understand and agree that by accepting these Terms of Services, you waive the right to participate in class actions and that you may only bring claims against Kahuna in your individual capacity.
That implies:
The arbitrator or court cannot combine more than one person's claim into a single case and cannot preside over any consolidated, class, or representative arbitration proceeding (unless you and Kahuna both agree to change this); and the arbitrator's or court's decision or award in one person's case can only affect the person who brought the case. Neither you nor Kahuna may bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.
9. SEVERABILITY
In the event that any provision of these Terms of Services or the Privacy Policy is determined to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such determination of invalidity or unenforceability, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the other provisions of the Terms, which shall continue to apply.
10. ASSIGNMENT
These Terms of Services and/or the Privacy Policy may be fully or partially assigned or delegated by Kahuna at any time, with or without your permission.
Without Kahuna's prior written approval, you are not permitted to assign or transfer any rights or responsibilities under the Terms of Services or Privacy Policy, and any attempted unauthorized transfer or assignment by you is null and void.
11. OTHER POLICIES
Additional policies pertaining to particular services, may be made available by Kahuna. Unless expressly specified otherwise, these Terms of Service and the relevant policies govern your ability to use such services.
12. ENTIRE AGREEMENT
The Terms of Services and other documents covered/referred under it set forth the entire understanding between you and Kahuna with regard to the Services, and they supersede all prior agreements between the parties, whether electronic, oral, or written, or those that may have been established by custom, practice, policy, or precedent.
13. WAIVER
A waiver or renunciation of Kahuna's right to assert or rely on any aspect of these Terms of Services or the Privacy Policy in that or any other situation will not be interpreted as a failure on Kahuna's part to require or enforce strict fulfillment by you of such provision or right.
14. PARTNERSHIP
You acknowledge that as a result of this Terms of Services, your use of the Services does not create a joint venture, partnership, employment relationship, or agency between you and Kahuna.
15. FORCE MAJEURE
Any delay or failure to perform resulting from events beyond Kahuna's reasonable control, such as, but not limited to, unanticipated events or causes beyond Kahuna's control like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, will not subject Kahuna to liability.
16. REMEDIES
You agree that Kahuna is entitled to injunctive or other equitable relief (without the necessity of posting any bond, surety, or proof of damages) in the event of any breach or anticipated breach by you because the rights and obligations granted to Kahuna under these Terms of Services are special and irreplaceable, the loss of which would harm Kahuna irreparably and that could not be replaced by monetary damages alone.
You agree to restrict your claims to claims for monetary damages (if any), as defined under the relative sections of this Terms of Services, and irrevocably waive all rights to seek injunctive or other equitable relief, enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, and exploitation of the Services or any content or other material used or displayed through the Services.