Terms of Use

Welcome to Tekuma.io. We are happy to have you here, but before you use our services, make sure you are comfortable with all our rules and follow them.

These Terms of Use and Privacy Policy (the “Terms”) were last modified on July 1st, 2016.

Acceptance of Terms

Tekuma Inc. and/or its affiliates (“Tekuma”, to which we also refer by “we”, “us” or “our”) provides services to you and other users when you and such other users visit our website, www.tekuma.io (the “Website”), submit artwork and related materials to the Website, purchase artwork from the Website or from our mobile applications, including but not limited to any iOS application available via the Apple, Inc. (“Apple”) App Store (the “iOS Application, and collectively, the “Apps”), use Tekuma’s products or services, and otherwise use the Website and the Apps (the “Tekuma Services”). Tekuma provides the Tekuma Services to you subject to the following terms and conditions, which outline the legally binding agreement between you and Tekuma in connection with your use of the Tekuma Services.

By using the Tekuma Services, viewing or browsing the Website or the Apps, or adding your artwork and related materials to the Website or Apps, you are agreeing to be bound by these Terms. Please read them carefully.  If you do not accept these Terms, you are not authorized to use any of the Tekuma Services.  

User Information

To use the Tekuma Services, you agree to provide certain information about yourself and to follow these regulations:

  • You must be at least 18 years old and legally competent to enter into and agree to these Terms and to use the Tekuma Services. If you are not at least 18 years old, you may only use the Tekuma Services under the supervision of a parent or legal guardian.
  • You must provide accurate information about your identity in registering to use the Tekuma Services, which information includes your full legal name, your address, your e-mail address, your phone number, your username and a password, a personal biography, a photograph of you, and your credit card information (your “Account”). False information or impersonation of another person or entity in creating or maintaining your Account violates these Terms.
  • You will not register usernames on your Account that are offensive, vulgar or infringe any other person’s intellectual property rights.
  • You are solely responsible for maintaining current all information on your Account and are solely responsible for any Account activity. Accounts may not be shared by multiple users and are not transferable.
  • You must register secure passwords for your Account and protect such passwords.
  • Unless we have specifically requested or agreed otherwise with you in writing, Tekuma does not wish to receive, and expressly requests that you shall not deliver, any confidential or sensitive information, the delivery of which could reasonably compromise the confidentiality obligations that you or any third party have to any other party.
  • By submitting your username, legal name, e-mail address, personal biography and a photograph of you in connection with creating your Account (your “Profile Information”), you are granting Tekuma the right to publish your Profile Information on the Website and Apps, which Profile Information will be visible without restriction to all users of the Tekuma Services, including members from the public at large.

Function of Tekuma Services

After creating an Account, you may upload digital photographs of your artwork to the Website and Apps (your “Content”).  Upon receipt of any such submission, Tekuma may elect to, but is not obligated to, store, process and exhibit your Content and certain information related to thereto (i.e. name of the piece of artwork, location and description of such artwork) on the Website and Apps.

At its sole discretion, Tekuma may (1) print hard copy reproductions of your Content, in such sizes, materials and numbers as determined at Tekuma’s sole discretion (the “Reproductions”), (2) display some or all of such Reproductions at one or more locations, including both residential and commercial settings (the “Display Locations”), and (3) sell such Reproductions to one or more purchasers for such amount(s) as determined by Tekuma in its sole discretion (net of costs associated with operations, materials, marketing and otherwise related to the creation and sale of such Reproductions) (the “Net Sale Price Per Reproduction”).  For the avoidance of doubt, Tekuma has no obligation to produce Reproductions from your Content, to display any such Reproductions or to sell any Reproductions to any third party under any circumstances.

For each Reproduction that Tekuma sells to a buyer on its Website and Apps or at any Display Location, Tekuma will pay you a royalty based on the Net Sale Price Per Reproduction for the Reproduction sold (the “Royalty”). The amount of the Royalty payable following the sale of any Reproduction shall be determined at Tekuma’s sole discretion, depending on various factors including but not limited to the size and the number of Reproductions sold. The Royalty may vary from one sale of a Reproduction to the next sale of a Reproduction, notwithstanding that the Content used to produce such Reproductions is the same.

At minimum, Tekuma will always display your username alongside your Content (visible on the Website or the Apps) or alongside any Reproductions displayed in residential or commercial settings, wherever and whenever such Reproductions are displayed.  At its sole discretion, Tekuma may choose to display your Profile Information alongside any Content or Reproduction as well.

Tekuma will notify you within a reasonable time (1) if and when, from time to time, Tekuma elects to produce Reproductions of your Content, including the [number, size(s) and material(s) used to create such Reproductions], (2) if and when Tekuma elects to display Reproductions of your Content in (or remove any such Reproductions from) Display Locations, and (3) if and when a buyer purchases a Reproduction of your Content from the Website or Apps.

Third Party Services

You may register for the Tekuma Services using third party service providers (e.g., Facebook Connect) (“Third Party Services”) and otherwise enable various Third Party Services to be directly integrated into your Tekuma experience.  By directly integrating Third Party Services into the Tekuma Services, we can make your online experience with the Tekuma Services more personalized.  By enabling Third Party Services within the Tekuma Services, you permit us to pass information about your Account, Profile Information and Content to Third Party Services for this purpose.  Please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such Third Party Services.  You should review the applicable terms and policies of Third Party Services, including privacy and data gathering practices.  Tekuma has no liability or responsibility for the privacy practices or other actions of any Third Party Services or any other third party site or service that may be enabled within the Tekuma Services.  

 

The Tekuma Services may display, include or make available content, data, information, applications or materials from Third Party Services (“Third Party Materials”) or provide links to certain third party websites.  By using the Tekuma Services, you acknowledge and agree that Tekuma is not responsible for examining or evaluating the content, accuracy, availability, reliability, completeness, timeliness, validity, copyright compliance, legality, decency, quality, data, opinions or any other aspect of such Third Party Materials or websites. Tekuma does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Neither Tekuma, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by, or made available through, the Tekuma Services.

Third Party Services and Third Party Materials that may be accessed from, displayed on or linked to the Website and/or Apps are not available in all languages or in all countries. Tekuma makes no representation that Third Party Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access Third Party Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Tekuma and its promotional partners and licensors reserve the right to change, suspend, remove, or disable access to Third Party Services or Third Party Materials at any time without notice.  In no event will Tekuma be liable for the removal of or disabling of access to any Third Party Services or Third Party Materials.  Tekuma may also impose limits on the use of or access to Third Party Services or Third Party Materials, in any case and without notice or liability.

Privacy Policy

Tekuma collects, and associates with your Account and your Profile Information, personal information which you have provided as set forth above.

 

We will display some or all of your Profile Information in connection with your Content on the Website and the Apps. Certain features let you make additional information available to other users.

 

Tekuma collects information from and about the devices you use to access the Website and the Apps. Such information includes your IP addresses, the type of browser(s) and device(s) you use, the web page(s) you visit before coming to the Website, and identifiers associated with your device(s). Your devices (depending on the settings you apply to such devices) may also transmit location information to the Website and the Apps. Tekuma may share your information for a variety of purposes, but we do not sell any such information to advertisers or other third parties.

 

Notwithstanding the foregoing, Tekuma may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of the Tekuma Services or our users; or (d) protect Tekuma’s intellectual property rights.
Tekuma will retain your Personal Information and Non-Personal Information until you delete your Account. If you delete your Account, we will delete the information contained therein from the Website and Apps within a reasonable period of time. Notwithstanding the foregoing, please note: (1) there might be some latency in deleting this information from our servers and back-up storage, especially with respect to any material displayed; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our then-existing agreements with third parties.

Intellectual Property

Tekuma does not own your Content; you are the sole owner of your Content, including any copyrights thereto, and you may remove any or all of your Content at any time from your Account. While such Content remains in your Account, Tekuma reserves the rights to download and access all Content you submit to the Website and Apps and to exhibit and sell Reproductions of such Content as set forth in these Terms.  Once Tekuma has created Reproductions of your Content, Tekuma is the sole owner of such Reproductions, including any copyrights thereto.

 

If you submit any Content to the Website or the Apps or otherwise provide any Content to Tekuma, you hereby:

 

  • grant Tekuma (1) a non-exclusive, transferable, worldwide license, with the right of sublicense, to license your Content (including but not limited to any cropped or re-sized modifications thereof) in digital format to affiliates, independent contractors and subcontractors for the purposes of creating Reproductions of your Content for subsequent display and sale by Tekuma and its affiliates; (2) a non-exclusive transferable, worldwide license, with the right of sublicense, to digitally reproduce, publicly display and otherwise utilize your Content (including but not limited to any cropped or re-sized modifications thereof) to advertise, market, promote, and publicize your Content, the Reproductions and the Tekuma Services; (3) a non-exclusive, transferable, worldwide license, with the right to sublicense, to display and otherwise use your name, image, and likeness for the purpose of advertising and promoting the Tekuma Services, in any form of media, including printed publications, in digital reproductions and displays; and (4) a non-exclusive, transferable, worldwide license, with the right to sublicense, to access, use, reproduce, modify, adapt, create derivative works from, translate, transmit, display, publish, perform and distribute any Content that you post, upload, publish, submit or transmit to be made available through the Website or the Apps, including but not limited to creating and selling Reproductions of your Content;
  • acknowledge that Tekuma shall have the exclusive right to determine the Net Sale Price Per Reproduction of your Content, which is subject to change at Tekuma’s sole discretion;
  • acknowledge that Tekuma will receive certain commissions for providing the Tekuma Services to the owners and operators of Display Locations and in connection with the sale of each Reproduction (the “Commissions”), which represent certain costs borne by Tekuma for hosting, printing, framing, shipping, curating and installing the Reproductions, the amount of which Commissions is subject to change at Tekuma’s sole discretion;
  • represent and warrant that you have all necessary rights to grant Tekuma the aforementioned licenses and that your Content does not and will not violate or contribute to the violation of any third party’s rights, including but not limited to any copyrights, moral rights, trademark rights, privacy rights or publicity rights;
  • represent and warrant that you are the owner of your Content and that you have the legal right to grant the aforementioned licenses to Tekuma and to enter into these Terms; and to your knowledge, no other party claims ownership of, or exclusive rights to, the Content; and the Content does not contain any defamatory, obscene or discriminatory or illegal material; and Tekuma may legally make and sell Reproductions incorporating the Content without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party; and
  • waive any claims against Tekuma arising from the use of such Content by Tekuma or any third party and based on any copyrights, moral rights, trademark rights, privacy rights or publicity rights you may have in connection with such Content.

 

Tekuma is not responsible for any loss of your Content, or damage to such Content whatsoever caused by lapse in the Tekuma Services, and errors in hosting, servers and software.

 

Tekuma reserves the right to process and alter the Content during its upload to the Website or the Apps (i.e. cropping, resizing, resolution). This process is necessary to the curation of the artwork. By submitting your Content to the Website or the Apps, you accept any changes Tekuma makes to your Content.

 

If Tekuma determines that information submitted in your Content is misleading or inaccurate or that it violates the rights of a third party, Tekuma reserves the exclusive right to delete such information from your Content (including the entirety of your Content), in its sole discretion.

 

Tekuma makes no representations concerning any content posted by users through the Tekuma Services, including but not limited to comments regarding your Content, feedback regarding their experience using the Tekuma Services, or otherwise. Tekuma is not responsible for the accuracy, copyright compliance, legality or decency of any such content posted by users of the Tekuma Services. You release Tekuma from all liability relating to such content.

 

Any commercial use of the Tekuma Services is strictly prohibited, except as allowed herein or otherwise approved by Tekuma. You may not download or save a copy of any of the content on the Website or the Apps (other than your own Content) or screens for any purpose except as otherwise permitted in writing by Tekuma.

 

Tekuma may decide to cease making available the Website, the Apps or any portion thereof at any time and for any reason. You also acknowledge that temporary interruptions in the availability of the Website or the Apps may occur from time to time as normal events.

 

Except as otherwise set forth herein above, the components of the Tekuma Services, including but not limited to the Website, the Apps, and Tekuma’s proprietary information contained therein, are the sole property of Tekuma and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws. Excluding the content submitted by users of the Tekuma Services (including your Content), the Website, the Apps and all materials published on the Website and the Apps, including but not limited to images, logos, software, text and graphic material, or other copyrightable elements, the selection and arrangements thereof, and trademarks, service marks, trade names and any other intellectual property related thereto are the sole and exclusive property of Tekuma. You are prohibited from reproducing, modifying, or otherwise using any content from the Website or Apps (other than your own Content) without the express written consent of Tekuma.

 

Notwithstanding the foregoing, Tekuma hereby grants to you, subject to the terms and conditions of these Terms, a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Tekuma Services solely for your personal use, subject to the limitations set forth below.  You acknowledge and agree that nothing in these Terms conveys to you any ownership, intellectual property rights or other proprietary interest in or relating to the Tekuma Services or any other Tekuma products or services, or any modifications or derivative works of any of the foregoing, including but not limited to the Reproductions. The Tekuma Services are licensed, not sold, to you and are owned by Tekuma and its licensors.  Except as expressly set forth herein, Tekuma reserves all right, title and interest, including all intellectual property and other rights, in and to the Tekuma Services and all other Tekuma products and services.

You agree to protect the Tekuma Services, and the proprietary content, information and other materials contained in, displayed on or related to the Tekuma Services, from any unauthorized access or use, and you agree that you will not use the Tekuma Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Tekuma.  You agree that you will not: (a) distribute, sell, transfer, rent, lease, sublicense or otherwise exploit the Tekuma Services in any unauthorized manner; or (b) copy, reproduce, adapt, create derivative works of, translate, modify, decompile, reverse engineer or disassemble the Tekuma Services, any updates thereto, or any part thereof.  You understand and agree that you are not permitted to remove or alter any copyright or other proprietary rights notice or restrictive rights legend contained or included in the Tekuma Services, or otherwise circumvent any functionality that controls access to or otherwise protects the Tekuma Services.

 

The Apps are licensed to you on a limited, non-exclusive, non-transferable, non-sublicenseable basis, solely to be used in connection with the Tekuma Services for your private, personal, use, subject to all the terms and conditions of these Terms as they are applicable to the Tekuma Services.

 

Tekuma respects copyright law and expects its users to do the same. It is Tekuma’s policy to terminate in appropriate circumstances the Accounts of users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Tekuma abides by appropriate international copyright and other intellectual property rights laws. If you believe we have infringed upon any copyrights, the owner of the copyright or a third party representative must report infringement to [email protected]

Tekuma agrees that for each print it sells, you will receive as the owner and Creator of the Content a royalty for the revenue collected, depending on size and quantity sold. You understand that the sale Price includes all operations and material costs to produce the print.

Tekuma will always have your name associated with your Account Content, wherever and whenever it is displayed or exhibited.

Tekuma will notify you of updates, sales and activity of your work. We will supply you with as much data as we can.

Tekuma reserves the rights to download all Account Content and process the number of prints set in the Account Information. The printed form of Account Content and all related services belong to Tekuma.

Tekuma is not responsible for any loss of Content and Information, or damage whatsoever caused by lapse in Services, and errors in hosting, servers, and software.

Tekuma is granted the right to display the Account Content in any venue Tekuma deems proper.

Tekuma reserves the right to process and alter the Content during its upload to the Site (i.e. cropping, resizing, resolution). This process is necessary to the curation of the artwork. By submitting your work, you accept the changes. You may remove the Content submitted or end the Content submittal process at any time.

If Tekuma determines that information is misleading or inaccurate or that it violates the rights of a third party, Tekuma may delete such information or your Content entirely, in its sole discretion.

Tekuma makes no representations concerning any content posted by users through the Services. Tekuma is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release Tekuma from all liability relating to that content.

Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Tekuma.

Tekuma may decide to cease making available the Site or any portion of the Site at any time and for any reason. You also acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events.

Tekuma Services and all of its original content are the sole property of Tekuma and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws. Excluding imagery and logos provided by individual subscribers and the Content submitted by those subscribers, the Site and all materials published on the Site, Including, but not limited to, images, logos, all Site software, text, graphic material, or other copyrightable elements, the selection and arrangements thereof, and trademarks, service marks, trade names and any other intellectual property related are the property of Tekuma. Except for Approved Uses, you are prohibited from reproducing, modifying, or otherwise using any Content without the express written consent of Tekuma.

Tekuma respects copyright law and expects its users to do the same. It is Tekuma’s policy to terminate in appropriate circumstances the Tekuma Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Tekuma abides by appropriate international copyright and other intellectual property rights laws. If you believe we have infringed upon any copyrights, the owner of the copyright or a third party representative must report infringement to [email protected]

Accuracy of Information

Tekuma shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Website or Apps, and shall not be responsible or liable for any error or omissions in such information.  You are solely responsible for the accuracy of information you have provided to Tekuma Services. Tekuma is not responsible for any inaccuracy, error or omissions in the information submitted by you.

Termination

You may terminate your Account with Tekuma at any time using the “Account Settings” page of the Website or Apps. Terminating your Account will end the availability of your Content through the Tekuma Services.

Tekuma reserves the right to terminate your access to the Tekuma Services, without any advance notice, at any time and for any reason or no reason. Tekuma may refuse service to any user, at any time and for any reason or no reason.

Tekuma reserves the right to change, suspend or discontinue any of the Tekuma Services at any time, for any reason or no reason. Tekuma will not be liable to you for the effect that any changes to the Tekuma Services may have on you, including effects on your income or your ability to generate revenue through the Tekuma Services.

If you or Tekuma terminates your Account, you may lose any Content associated with your Account.  

The Terms will remain in effect even after your access to the Tekuma Services is terminated, or your use of the Tekuma Services is discontinued.

DISCLAIMER OF WARRANTIES

ALL USE OF THE TEKUMA SERVICES IS ENTIRELY AT YOUR OWN RISK. THE TEKUMA SERVICES AND ANY CONTENT AND INFORMATION PRESENTED ON THE WEBSITE, THE APPS OR VIA THE TEKUMA SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND TEKUMA DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. TEKUMA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE TEKUMA SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE TEKUMA SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. TEKUMA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TEKUMA SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND TEKUMA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN.

TEKUMA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE OPERATION OF THE MANUFACTURING LOCATIONS FOR THE REPRODUCTIONS OR THE DISPLAY LOCATIONS. TEKUMA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SERVICES PROVIDED BY THE MANUFACTURERS OF THE REPRODUCTIONS OR THE OWNERS AND OPERATORS OF ANY DISPLAY LOCATIONS.

WITHOUT LIMITING THE FOREGOING, NEITHER TEKUMA NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE TEKUMA SERVICES WILL BE UNINTERRUPTED OR THAT THE TEKUMA SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TEKUMA SERVICES. NEITHER TEKUMA NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE TEKUMA SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.  NEITHER TEKUMA NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Dispute Resolution – Arbitration; No Class Actions

THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING).  PLEASE READ IT CAREFULLY.  YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.

Informal Process First.  You agree that, in the event of any dispute between you and Tekuma, you will first contact Tekuma and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action (“Informal Process”).

Arbitration Agreement.  After the Informal Process, ANY REMAINING DISPUTE, CONTROVERSY OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE TEKUMA SERVICES (“CLAIM”) WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify.  The Federal Arbitration Act (“FAA”) and federal arbitration law apply to these Terms.  If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first date you access or use the Tekuma Services by sending an email to [email protected]

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.  HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS AS A COURT WOULD.

After the Informal Process, if you intend to seek arbitration you must first send written notice to Tekuma’s Customer Service Center of your intent to arbitrate (“Notice”). The Notice to Tekuma should be sent by any of the following means: (i) electronic mail to [email protected]; or (ii) sending the Notice by U.S. Postal Service certified mail to:

 

Tekuma Inc.

85 Hancock Street, #17

Cambridge, MA 02139

The Notice must (x) describe the nature and basis of the Claim; and (y) set forth the specific relief sought.  The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes.  The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.  The arbitration will be conducted in the English language.  Massachusetts law will apply.  The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.  However, the preceding sentence will not apply to the “Class Action Waiver” section below.

Except as otherwise provided for herein, Tekuma will pay all AAA filing, administration and arbitrator fees.  If, however, the arbitrator finds that either the substance of your Claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules.  In such case, you agree to reimburse Tekuma for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules.  If the arbitrator grants relief to you that is equal to or greater than the value of your demand, Tekuma shall reimburse you for your reasonable attorneys’ fees and expenses incurred for the arbitration.

This arbitration agreement applies equally to you and Tekuma.  However, we both agree that this arbitration agreement does not govern any Claim by Tekuma for infringement of its intellectual property or access to the Tekuma Services that is unauthorized or exceeds authorization granted in these Terms.  This dispute resolution provision, including the “Class Action Waiver” section below, will survive any termination of these Terms.

In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Tekuma agree that any judicial proceeding will be brought in the federal courts of Massachusetts or the state courts of Suffolk County, Massachusetts.  Both you and Tekuma consent to venue and personal jurisdiction there.

CLASS ACTION WAIVER
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”).  The parties expressly waive any ability to maintain any Class Action in any forum.  If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration.  Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.  The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Tekuma must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Tekuma, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and promotional partners, from and against any and all claims, actions, suits, demands, losses, damages,  liabilities, costs and expenses, including reasonable attorneys’ fees and costs arising out of your breach of these Terms, your negligence or willful misconduct, or otherwise in connection with your use of the Tekuma Services.  Tekuma reserves the right to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Tekuma.

Copyright Complaints And Copyright Agent

Termination of Repeat Infringer User Accounts.  Tekuma respects the intellectual property rights of others and requests that users do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Tekuma has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Tekuma Services, the Website or the Apps who are repeat infringers.  Tekuma may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Website or Apps infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to Tekuma’s designated copyright agent at Tekuma Inc., [email protected]:

  1. The date of your notification;
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notices. If you believe that your Content that has been removed from the Website or Apps is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Tekuma copyright agent, Tekuma may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Tekuma’s discretion) be reinstated on the Website or Apps, as applicable, in 10 to 14 business days or more after receipt of the counter-notice.

Miscellaneous Provisions

Assignment. The rights granted to you under these Terms are not assignable or transferable, in whole or in part. Any attempt to transfer these Terms without the written consent of Tekuma shall be void and of no force and effect. Tekuma may freely assign these Terms, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise. These Terms will inure to the benefit of and will be binding upon each party’s permitted successors and assigns.

Relationship. No independent contractor, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms.

Force Majeure. Any delay or failure in performance by Tekuma shall be excused if and to the extent such delay or failure in performance is caused by the occurrence of a Force Majeure.  For the purposes of these Terms, “Force Majeure” shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of Tekuma, including but not limited to acts of God, fires, floods, explosions, riots, wars, hurricanes and snow storms, acts of terrorism, vandalism, accidents, governmental acts or failures to act, injunctions, labor strikes, and other like events that are beyond the reasonable control of Tekuma.

Waiver.  The failure by Tekuma to require performance of any provision of these Terms will not affect Tekuma’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Unless stated otherwise, all remedies provided for these Terms shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

Severability.  If any term, provision, covenant or condition of these Terms is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if these Terms had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision. The headings and captions contained herein will not be considered to be part of these Terms but are for convenience only.   

Governing Law.  These Terms are governed by the FAA and the laws in force in the Commonwealth of Massachusetts and shall be interpreted according to the FAA and the internal laws of such state, without reference to principles of conflicts of laws or choice of law rules.

Notices.  Any notices or communication required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to Tekuma in your completed registration or as updated by you and on file with Tekuma. Any notices or communication required or permitted to be given to Tekuma shall be in writing and shall be sufficiently given if delivered via email or mailed as follows:

Tekuma Inc.

85 Hancock St, #17

Cambridge, MA 02139

c/o Marwan Abou Dib, Chief Executive Officer and President

Phone: (855) 623-4668

Email Address: [email protected]

Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.

Electronic Communications.  By using the Tekuma Services, you agree that we may communicate with you electronically regarding administrative, security and other issues relating to your use of the Tekuma Services. Communication will be made primarily through use of e-mail to the e-mail address used to register on the Website or Apps. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at [email protected].

Whole Agreement.  These Terms are the entire agreement between you and Tekuma relating to the subject matter herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

Changes to the Terms. Tekuma reserves the right to modify these Terms at any time. We do so by posting and drawing attention to the updated terms on the Website. Your decision to continue to visit and make use of the Website after such changes have been made constitutes your formal acceptance of the new Terms.

Therefore, we ask that you check and review these Terms for such changes on an occasional basis. Should you not agree to any provision of these Terms or any changes we make to these Terms, we ask and advise that you do not use or continue to access the Website immediately.

Links to Other Websites

Our Site does contain a number of links to other websites and online resources that are not owned or controlled by Tekuma.

Tekuma has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our site.

Contact Us

If you have any questions about this Agreement, please feel free to contact us at [email protected].