Terms and Conditions for Kokolity
Effective Date: [24 June, 2024]
Effective Date: [24 June, 2024]
1. Introduction
Welcome to Kokolity. These Terms and Conditions ("Terms") govern your use of our website, services, and products. By accessing or using our services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our services.
2. Definitions
"Company" refers to Kokolity. "User" refers to any individual or entity using our services. "Content" refers to audio files, beats, music, and other digital media available on our platform. "Seller" refers to users who upload and sell Content on our platform. "Buyer" refers to users who purchase Content from our platform.
3. Eligibility
By using our services, you represent and warrant that you are at least 16 years old and have the legal capacity to enter into these Terms. If you are under 18, you must have the permission of a parent or guardian.
4. Account Registration
To use certain features of our services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
5. User Conduct
You agree not to:
Violate any applicable laws or regulations. Infringe on the rights of others, including intellectual property rights. Upload, post, or transmit any Content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable. Interfere with or disrupt the operation of our services.
6. Content Ownership and Licenses
6.1. Seller's Content
Sellers retain ownership of their Content. By uploading Content to our platform, Sellers grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, display, and perform the Content in connection with the operation of our services. Sellers represent and warrant that they own or have the necessary rights, licenses, consents, and permissions to upload and sell the Content on our platform. Sellers further represent and warrant that the Content does not infringe on any third-party intellectual property rights.
6.2. Buyer's License
When a Buyer purchases Content, the Seller grants the Buyer a limited, non-exclusive, non-transferable license to use the Content in accordance with the terms specified at the time of purchase.
7. Payments and Fees
7.1. Sellers
Sellers will receive payments for their Content in accordance with the payment terms specified on our platform. The Company may charge a commission or fee for each transaction, which will be disclosed to Sellers in advance.
7.2. Buyers
Buyers agree to pay the price for the Content as specified at the time of purchase. All sales are final, and refunds are only issued at the Company's discretion.
8. Intellectual Property
All intellectual property rights in our services, including but not limited to our website, logos, and trademarks, are owned by or licensed to the Company. Unauthorized use of our intellectual property is prohibited.
9. Termination
The Company may terminate or suspend your account and access to our services at any time, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.
10. Disclaimers
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. The Company does not warrant that our services will be uninterrupted or error-free.
11. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (i) your use or inability to use our services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from (i) your use of and access to our services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Nigeria, without regard to its conflict of law principles.
14. Dispute Resolution
Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the Nigerian Arbitration Association. The arbitration shall take place in Warri, Delta State.
15. Changes to Terms
The Company reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of our services after such posting constitutes your acceptance of the new Terms.
16. Contact Information
If you have any questions about these Terms, please contact us at hello@kokolity.com