Terms Of Service
The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, then you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. DundaLive may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Rules and conduct
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
involves commercial activities and/or sales without DundaLive's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
exploits people in a sexual or violent manner;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of DundaLive or any third party; or
impersonates any person or entity, including any employee or representative of DundaLive.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by DundaLive in its sole discretion) an unreasonable or disproportionately large load on DundaLive’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures DundaLive may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, county, state, national and international laws and regulations.
DundaLive reserves the right to investigate and take appropriate legal action against anyone who, in DundaLive's sole discretion, violates this provision, including, without limitation, terminating your account and/or reporting such activity or Content to law enforcement authorities.
Fees and Payments - General
DundaLive facilitates payments for purchases of Content including digital Content made available via live streaming through the Service (“Digital Content”). Each such purchase is a “Transaction,” each Transaction involving Digital Content is a “Digital Transaction,”, and each Transaction involving Merchandise is a “Merchandise Transaction.”
Fees and Payments - Artists
DundaLive shall be entitled to a share of the revenue you receive from Transactions (the “Revenue Share”), which shall be calculated on your gross revenue from Transactions. You shall be solely responsible and liable for, and DundaLive shall have no responsibility or liability for, any Stripe fees (except for fees charged on DundaLive’s Stripe account), PayPal fees (except for fees charged on DundaLive’s PayPal account), credit card transaction fees (together, “Fees”), bad debts (such as credit card returns or fraud) except as provided in this Agreement.
DundaLive may withhold any taxes, duties, charges or levies on payments by DundaLive to you pursuant to this Agreement as may be required by applicable law, rule or regulation. DundaLive shall remit any such withheld taxes, duties, charges or levies to the appropriate tax authority.
DundaLive will pay you the gross proceeds we receive from the sale of Digital Content, minus the applicable Revenue Share and any applicable Fees (the “Artist Payout”). For Artist event, payments received from users shall be directed to you (the “Subscription Fee”), minus the applicable Revenue Share and any applicable fees which shall be directed to DundaLive at the time of each payment.
When you receive a payment for Digital Content or Artist Subscription, you are liable to DundaLive for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees if there is a chargeback, a dispute, or if there is a reversal of the payment. You agree to allow DundaLive to recover any amounts due to DundaLive by debiting your account or withholding any Artist Payout or Subscription Fee. If there are insufficient funds to cover your liability, you agree to reimburse DundaLive through other means.
DundaLive retains the right, but does not have the obligation, to immediately halt the offering or sale of any goods or services, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of DundaLive, and to correct any inaccurate listing or technical problems on the Site. DundaLive may immediately halt the offering or sale of any goods or services upon receipt of notifications of claimed infringement, upon acquiring knowledge of actual infringement, or becoming aware of facts or circumstances from which infringing material is apparent with respect to any goods or services.
Third party site
Other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under DundaLive's control, and you acknowledge that DundaLive is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such links does not imply endorsement by DundaLive or any association with its operators. You further acknowledge and agree that DundaLive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
You agree that the Service contains Content specifically provided by DundaLive or its partners (artists) and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. DundaLive grants each user of the Site and/or Service a worldwide, non-exclusive, non- sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from DundaLive, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Intellectual Property rights - Artist
The Service will upload live performances of Artists to the Site. DundaLive will not have any ownership rights in any elements of an Artist’s Music, however, DundaLive needs the following license to perform the Service. Each Artist uploading Music to the Service grants DundaLive and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to: (i) reproduce, distribute, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), publicly display, create derivate works of, communicate to the public, synchronize and otherwise exploit (collectively, “Exploit”) (1) the Artist’s Music and perform the Service on the Artist’s behalf (e.g., reproduce, transcode, copy and store the Artist’s Music on computer servers owned and/or operated by or on behalf of DundaLive or its authorized sublicensees and distributors, and publicly perform, transmit, synchronize, stream, distribute, and playback the Artist’s live music performance on the site) using any technologies or methodologies now known or hereafter developed; (ii) allow users of the Service to receive public performances and public displays of the Artist’s Music and Artworks and to reproduce the Artist’s Music and Artworks on any and all devices owned or controlled by the user for non- commercial purposes and receive performances and displays of same; and (iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Artist, in connection with the provision of the Service.
To enable DundaLive to Exploit your Music pursuant to the above provisions, you hereby grant to DundaLive the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created. By uploading of any live performance Music or Artworks to the Site:
you represent and warrant that the use or other exploitation of your Music and/or Artworks by DundaLive and its authorized sublicensees and distributors and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
you represent and warrant that, to the extent you are the songwriter of any or all of the Musical Works embodied in your Sound Recordings or Music Videos, whether in whole or in part (e.g., as a co-writer), you have the full right, power, and authority to grant the rights set forth in this Agreement notwithstanding the provisions of any agreement you may have entered into with any performing rights organization (“PRO”), whether based in Kenya or elsewhere, or any music publisher, and that you are solely responsible for taking all steps necessary to inform such PRO or music publisher of your grant of a royalty free license to DundaLive for the public performances and communications to the public of your Musical Works, and that no fees or payments of any kind whatsoever shall be due to any PRO or music publisher for the public performance or communication to the public of your Musical Works.
you represent and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Music as authorized under this Agreement.
If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting DundaLive the right and license set forth in this Agreement and making the representations and warranties set forth in the four paragraphs immediately above, then you are prohibited from uploading your live performance music to the Service and shall be responsible for indemnifying and holding DundaLive harmless from and against any and all claims arising from the exploitation of your music on the Service, including all court costs and legal fees.
DundaLive has no special relationship with or fiduciary duty to you. You acknowledge that DundaLive has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release DundaLive from all liability for you having acquired or not acquired Content through the Site. DundaLive makes no representations concerning any Content contained in or accessed through the Site, and DundaLive will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
The Service is provided "as is" and "as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. DundaLive, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful component or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.
Some countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
With reference to Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701- 2711): DundaLive makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. DundaLive will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on DundaLive’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Limitation of liability
In no event shall DundaLive, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one-hundred U.S. dollars ($100.00) or any equivalent of 200Ksh. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
International/ Non-Kenya Use
DundaLive makes no representation that the Content is appropriate or available for use in locations outside of Kenya, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
IN the case of a dispute with the subscriber because of technical difficulty in accessing an artist stream our course of resolution would be to compensate the customer with new tokens for a stream of their choice or a rerun of the stream at a particular date but no refunds
Integration and Severability
You may contact DundaLive at the following address: email@example.com.