THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE 3DKUMO WEB APP AND 3DKUMO SERVICES. TO AGREE TO THESE TERMS, CLICK "AGREE" IF YOU DO NOT AGREE TO THESE TERMS, CLICK "CANCEL" AND DO NOT USE THE SERVICES.
Neither Issuer nor 3DKUMO is responsible for lost or damage information or content of the users.
3DKUMO reserves the right to close accounts or remove data or information about the user.
THIS LEGAL AGREEMENT BETWEEN YOU AND 3DKUMO GOVERNS YOUR USE OF THE 3DKUMO SERVICE (THE “3DKUMO WEB APP”).
THE 3DKUMO WEB APP DEVICE
3DKUMO is the provider of the 3dkumo app which permits you to access to your information and files for end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE 3DKUMO WEB APP
Only persons age 13 years or older can create accounts. Accounts for persons under 13 years old can be created by a parent or legal guardian using Family Sharing or by an approved educational institution. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.
The 3DKUMO WEB APP is available to you all around the world.
Use of the 3DKUMO WEB APP Device requires compatible devices and Internet access; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for view 3D Object. The latest version of required software is recommended to access the 3DKUMO WEB APP Device and may be required for certain transactions or features and to download 3DKUMO Products previously purchased or acquired from the 3DKUMO WEB APP Device. You agree that meeting these requirements, which may change from time to time, is your responsibility. The 3DKUMO WEB APP Device is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the 3DKUMO WEB APP Device.
3DKUMO WEB APP device use 3DKUMO Service for access and save information in the cloud.
YOUR ACCOUNT
As a registered user of the 3DKUMO WEB APP Device, you may establish an account ("Account"). Don't reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify 3DKUMO of any security breach of your Account. 3DKUMO shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase and download 3DKUMO products from the 3DKUMO WEB APP Device, you must enter your username or email, and password to authenticate your Account. Once you have authenticated your Account using your username or email, and password, you will not need to authenticate again on your iOS Device. During this time, you will be able to purchase and download 3DKUMO products without re-entering your password.
You agree to provide accurate and complete information when you register with, and as you use, the 3DKUMO WEB APP Device, and you agree to update your 3DKUMO Registration Data to keep it accurate and complete. You agree that 3DKUMO may store and use the 3DKUMO registration data you provide for use in maintaining to your Account.
3DKUMO WEB APP Device validate each account using 3DKUMO Services.
PRIVACY
When you give information to 3DKUMO WEB APP device may only use this information and combine it with aggregated information from the 3DKUMO Web or other 3DKUMO apps to access to the same information from all devices.
CONTENT AVAILABILITY
3DKUMO WEB APP device reserves the right to change content options (including eligibility for particular features) without notice. For further information or concerns about closed captioning in specific content within the 3DKUMO platform, please email info@3dkumo.com.
3DKUMO has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the 3DKUMO Service, to investigate any reported or apparent violation of this Agreement, and to take any action that 3DKUMO in its sole discretion deems appropriate, including, without limitation, termination hereunder.
THIRD-PARTY MATERIALS
Certain content, 3DKUMO Products, and services available via the 3DKUMO Service may include materials from third parties. 3DKUMO may provide links to third-party websites as a convenience to you. You agree that 3DKUMO is not responsible for examining or evaluating the content or accuracy and 3DKUMO does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that 3DKUMO is not in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the 3DKUMO WEB APP and 3DKUMO Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the 3DKUMO Service at your sole risk and 3DKUMO shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. 3DKUMO product types and descriptions are provided for convenience, and you agree that 3DKUMO does not guarantee their accuracy.
IMPORTANT SAFETY INFORMATION
To avoid muscle, joint, or eye strain during your use of the products offered through the 3DKUMO WEB APP or/and 3DKUMO Service, you should always take frequent breaks, and take a longer rest if you experience any soreness, fatigue, or discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including but not limited to while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before using the products offered through the 3DKUMO WEB APP and 3DKUMO Service if you have ever suffered these or similar symptoms, and stop using such products immediately and see a doctor if they occur during your use of such products. Parents should monitor their children’s use of the products offered through the 3DKUMO WEB APP and 3DKUMO Service for signs of symptoms.
INTELLECTUAL PROPERTY
You agree that the 3DKUMO WEB APP and 3DKUMO Service, including but not limited to 3DKUMO products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the 3DKUMO Service, contains proprietary information and material that is owned by 3DKUMO and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the 3DKUMO Service in compliance with this Agreement. No portion of the 3DKUMO WEB APP and 3DKUMO Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the 3DKUMO WEB APP and 3DKUMO Service in any manner, and you shall not exploit the 3DKUMO Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, 3DKUMO and its licensors reserve the right to change, suspend, remove, or disable access to any 3DKUMO products, content, or other materials comprising a part of the 3DKUMO WEB APP and 3DKUMO Service at any time without notice. In no event will 3DKUMO be liable for making these changes. 3DKUMO may also impose limits on the use of or access to certain features or portions of the 3DKUMO WEB APP and 3DKUMO Service, in any case and without notice or liability.
All copyrights in and to the 3DKUMO WEB APP and 3DKUMO Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by 3DKUMO and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE 3DKUMO SERVICE, EXCEPT FOR USE OF THE 3DKUMO SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
3DKUMO, the 3DKUMO logo, and other 3DKUMO trademarks, service marks, graphics, and logos used in connection with the 3DKUMO WEB APP and 3DKUMO Service are trademarks or registered trademarks of 3DKUMO Inc. in Spain. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the 3DKUMO WEB APP and 3DKUMO Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERMINATION
If you fail, or 3DKUMO suspects that you have failed, to comply with any of the provisions of this Agreement, 3DKUMO, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the 3DKUMO WEB APP and Service (or any part thereof).
3DKUMO reserves the right to modify, suspend, or discontinue the 3DKUMO WEB APP or/and 3DKUMO Service (or any part or content thereof) at any time with or without notice to you, and 3DKUMO will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
3DKUMO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE 3DKUMO SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME 3DKUMO MAY REMOVE THE 3DKUMO WEB APP AND 3DKUMO SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE 3DKUMO WEB APP AND 3DKUMO SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE 3DKUMO SERVICE IS AT YOUR SOLE RISK. THE 3DKUMO WEB APP AND 3DKUMO SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE 3DKUMO SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY 3DKUMO) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL 3DKUMO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE 3DKUMO WEB APP AND 3DKUMO SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE 3DKUMO WEB APP AND 3DKUMO SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE 3DKUMO WEB APP AND 3DKUMO SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 3DKUMO 'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
3DKUMO SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE 3DKUMO WEB APP AND 3DKUMO SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND 3DKUMO HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
3DKUMO DOES NOT REPRESENT OR GUARANTEE THAT THE 3DKUMO WEB APP AND 3DKUMO SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND 3DKUMO DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CAN BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY 3DKUMO PRODUCTS PURCHASED, ACQUIRED OR RENTED FROM THE 3DKUMO PLATFORM.
WAIVER AND INDEMNITY
BY USING THE 3DKUMO WEB APP AND 3DKUMO SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD 3DKUMO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE 3DKUMO WEB APP AND 3DKUMO , OR ANY ACTION TAKEN BY 3DKUMO AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM 3DKUMO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE 3DKUMO WEB APP AND 3DKUMO , OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF 3DKUMO'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
3DKUMO reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the 3DKUMO Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the 3DKUMO Service will be deemed acceptance thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and 3DKUMO and governs your use of the 3DKUMO Service, superseding any prior agreements between you and 3DKUMO. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 3DKUMO's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. 3DKUMO will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The 3DKUMO Service is operated by 3DKUMO from its offices in Spain. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the 3DKUMO Service. Your use of the 3DKUMO Service may also be subject to other laws. No 3DKUMO employee or agent has the authority to vary this Agreement.
3DKUMO may notify you with respect to the 3DKUMO Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the 3DKUMO Service. Notices shall become effective immediately.
3DKUMO reserves the right to take steps 3DKUMO believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that 3DKUMO has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as 3DKUMO believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to 3DKUMO's right to cooperate with any legal process relating to your use of the 3DKUMO Service and/or 3DKUMO Products, and/or a third-party claim that your use of the 3DKUMO Service and/or 3DKUMO Products is unlawful and/or infringes such third party's rights).