Komi Terms for Talent
Last updated: 18 November 2020
Welcome to Komi. Join our talent community!
These terms (“Talent Terms”), and the documents we refer to in them, apply to your use of the Komi platform and to transactions involving the platform, including our website and our mobile and tablet applications (“Komi”).
Please read through our Talent Terms carefully, to understand what we can do for you, how you can use Komi and how transactions through Komi work.
We suggest that you also read through the Komi Terms of Service (”User Terms”), as they govern how Komi (and content, subscriptions and services you make available through Komi) is made available to consumers.
When you use Komi, and when you create an account with us, you are agreeing to these Talent Terms.
Who we are
Komi App Limited (“we”, “us”) is a company registered in England and Wales, with company number 12268875 and registered address: 21 Bedford Square, London, United Kingdom, WC1B 3HH. Email address: [email protected].
Komi works for talent
Komi is a platform to connect you together with your audience and consumers at large so that you can focus on doing what you do best: providing great talent content and services directly to them.
We don’t want to get in your way. When a consumer purchases your content, subscription offering or services, such as to attend a live-streamed class, a 1-to-1 tutorial or other content or services you choose to make available through Komi, their agreement is with you. We act as your vendor, such as for managing payment from customers and so we can help manage their experience in Komi.
Your Komi Talent account
Before you can begin to make your talent content, subscriptions and services available through Komi, you will first need to create a Komi Talent account. To be able to create a Komi Talent account, you must:
Be at least 18 years old.
If requested by us, provide information about the type of category of content and services you intend to offer to consumers through Komi.
Provide us with any other accurate information that we might reasonably request in writing from you, such as during the Komi Talent account setup process, so that we can understand your talent skills and experience and check that we think the Komi talent community is the right place for you and your content and services.
We will need you to select an account password and other security settings, to help us keep your Komi Talent account safe. You must not share your Komi Talent account details with others. You are responsible for control of your Komi Talent account, such as keeping your password and account details safe and secure, and making sure that the content and services you make available to consumers are what you intend and are appropriate for the platform.
To the extent necessary for us to be able to provide Komi, you approve the content of the User Terms, authorise us to act in accordance with them and confirm you will abide by them (to the extent they directly or indirectly refer or relate to obligations from you to consumers).
What to do when making content or services available through Komi
Describe your content and services accurately
We want to make sure Komi consumer users understand what they are paying you for. To help make that happen, you must ensure that you take care to describe your content and services accurately before making them available for consumers to consider and purchase through Komi (and before making available any information about your skills, biographic information, accreditations, qualifications and experiences (your “Relevant Descriptions”)). You are solely responsible for your content and services and, in particular but without limitation, ensuring that your Relevant Descriptions are accurate, truthful and not misleading. Failure to provide accurate Relevant Descriptions may result in loss of access to Komi (including without limitation the suspension or termination of your Komi Talent account).
Make sure you have the necessary rights first
For content and services you make available through Komi, it is our expectation that all content and services you provide will be original creations and works by you only. It is your responsibility to ensure you have the necessary rights and clearances in order to be able to provide your content and services, to grant us the rights and licences that you grant us under these Talent Terms and, in particular, all necessary rights and licences so that we are able to grant the rights and licences to consumers that we do regarding your content and services under the User Terms.
Checking your materials
We give Komi Talent account holders control over your content and services. We don’t moderate your posts / messages, content, services or offerings before they are made live to consumers. You acknowledge and accept that you are solely responsible for your content, subscriptions, services, materials, posts and offerings including without limitation the legality, accuracy and compliance of them with all applicable laws and regulations. Failure to comply with the foregoing may result, at our discretion, in us suspending or terminating your Komi Talent account.
Identify 18+ content appropriately
We require that you identify appropriately to consumers, such as in descriptions and titles you make available, which of your content, subscriptions or services are only appropriate for those aged 18 or over. You are responsible for making this clear to consumers and exercising best efforts so that your services, subscriptions or content are not made available to an inappropriate audience.
Take control of your pricing
You can decide how much to charge consumers for your content and services through Komi. Notwithstanding the foregoing, we reserve the right to change, amend or reject pricing in our discretion (without obligation to notify you). We may apply dynamic pricing, our processing overheads or similar costs and measures. We reserve the right to remove listed content or services you try to offer through Komi and/or to cancel purchases of content or services you have offered, where in our discretion it appears to us that your pricing is grossly exploitative of consumers, is illegal or is in error.
Keep the Komi user experience in mind
We want to make sure Komi is a great experience for everyone. To do that, we need your help and for you to apply your best efforts in ensuring: (i) the good quality and experience of all content, subscriptions and services you make available through Komi; and (ii) good standards of customer services that you provide to consumers, where applicable (such as where they ask you a question or ask for support); and (iii) bookings / purchases made by Komi consumer users are honoured and fulfilled. You acknowledge and agree that failure to comply with the foregoing is a breach of these Talent Terms and may result in, without limitation, us suspending or terminating your Komi Talent account access.
How payments through Komi work
You can make your chosen content, subscriptions and services available through Komi, using the tools and functionality we make available to you (which may vary from time to time in our discretion).
When a consumer purchases content or services from you, we will act as your vendor with handling, managing and concluding the consumer’s purchase and experience. We would also help with payment-related issues such as suspected fraud, cancellations / chargebacks and helping to solve disputes with customers.
To maintain the quality and integrity of Komi, we reserve the right to reject to process (or to cancel, if processing has already happened) any purchases made through Komi that appear to us to be mistakes, exploitative, in breach of these Talent Terms or illegal. If we do so, we will refund the consumer on your behalf.
We may not pay you any relevant fees for a transaction otherwise due to you where a refund, or similar, is processed by us in accordance with these Talent Terms. For the avoidance of doubt, where a refund or similar occurs after the relevant sum is paid to you, we will then have the right to recoup that sum from you.
We require that consumers pay in full when making their purchase for any transaction through Komi.
We will hold these funds (and/or our elected payment processor vendor will) until you have completed the relevant service and/or provided the relevant content and/or booking. After that date, reasonably promptly, we will make the funds available to you, for payment to your elected bank account. We are able to arrange such payments by electronic bank transfers only, unless otherwise agreed in writing by us.
At our discretion and taking account of the nature of transactions relevant to your Komi Talent account, we may either make such payments to you on an ad hoc basis or on a recurring, date-specific basis.
We know you want to be paid quickly; please bear with us as, before paying you for the transaction, we need to deduct first-party platform fees and costs first and, in some cases, payment to you may take longer if we suspect, and need to investigate, whether a transaction is in error or is fraudulent or if it is subject to an ongoing customer complaint.
If, because of the processing of refunds, cancellations or otherwise because of the processing of deductions from or liabilities regarding your Komi Talent account, you may owe us a correction payment. If that is the case, we reserve the right to recover the correction payment from future payments we would have otherwise made to you. We also reserve the right to require either: (i) that you make direct payment to the relevant consumers (such as of the refund); or (ii) that you pay such relevant correction payment amounts back to us.
Payment by a consumer to us satisfies their obligation to pay you for the content and services relevant to the transaction.
You are responsible for your own tax and tax reporting (including without limitation national insurance payments, income tax, corporation tax or similar or equivalent), such as in respect of income you receive from transactions relating to Komi and purchases by consumers in accordance with these Talent Terms.
Komi may provide consumers with an option to provide a gratuity to you. Gratuities are voluntary for consumers and are additional to ordinary purchase prices for consumers. If a consumer chooses to provide a gratuity to you, the gratuity will be paid to us in the first instance but we will then make it available to you reasonably promptly (less payment processing costs (if any are applicable)).
What you pay to Komi
We want to provide you with certainty over what our fees are. Regardless of how the consumer pays you or what they pay you for, the Komi Service Fee (defined below) is the same. We do not charge you a member subscription or overall platform fee for your Komi Talent account. Instead, we only charge you a 20% per-transaction service fee when consumers purchase your content, subscriptions (whether monthly, annual or otherwise) or services through Komi (“Komi Service Fee”).
The Komi Service Fee is deducted from the sum paid to you by the consumer through Komi, which we collect on your behalf, only after first-party platform fees are deducted first (such as, for example, of the Apple App Store) and other reasonable costs. We then, after any applicable taxes, make payment onwards to you for the relevant transaction sum in accordance with these Talent Terms.
Komi’s usage rules for talent
Please use Komi safely and responsibly, and keeping in mind the safety of Komi's consumer users, following the usage rules for talent below. References to ‘posting’ or ‘post’ below include selling or making available for sale or purchase, communicating (including without limitation by audio-visual material, stream or other media), transmitting, conducting or otherwise making available in any content, services or promotion of them.
Do not hold yourself out as acting for us, as having the right to bind us to any legal agreement, or that you are authorised to speak on our behalf or imply that you are entitled to do so.
Except through our Komi functionality that specifically allows for setting out your e-commerce links and references, do not use Komi to promote, market, advertise, endorse, support or feature in any way (including without limitation within your posts) any third party products or services. For the avoidance of doubt, you are permitted to promote your own content and services for which you have registered your Komi Talent account regarding their availability within Komi.
Do not offer or promote any regulated content, services or products through Komi including without limitation alcohol, gambling, tobacco products (including e-cigarettes), drugs, chemicals, financial advice or medical advice.
Do not post any content in Komi which seeks or makes any arrangement to meet any person under the age of 18.
Do not impersonate or attempt to impersonate any other persons or organisations whilst using Komi, including without limitation in your posts.
Do not post in Komi, or use or attempt to use in Komi, any content, services or materials which infringe the rights of any third party (including without limitation their intellectual property rights or privacy rights).
Do not post in Komi any materials or content which is pornographic, sexual or sexually explicit, offensive, immoral (in our view, acting reasonably), discriminatory, illegal (under the laws of England and Wales and the territory in which you are located), defamatory, threatening, violent or otherwise intended to harm or harass others. We reserve the right to decide at our sole discretion whether particular content or materials breach the foregoing restrictions or the spirit of them.
Do not post in Komi any content which is homophobic, abusive, hateful, seditious, encourages violation of these Talent Terms, involves unsolicited marketing or SPAM, or which is technically harmful or may be technically harmful such as viruses, logic bombs, harmful data or any other malicious software or process.
Do not sell, copy, loan, rent, scrape, index, crawl, data mine, publish, modify, adapt or reproduce any part of Komi. However, using tools we make available, you can post on your personal social media about Komi (including to promote the availability of your content and services on Komi).
Do not attempt to gain unauthorised access to or to disrupt Komi or any part of it or content within Komi, circumvent security measures, interfere with or damage any part of Komi or content within Komi or our systems, devices or servers.
Do not (or attempt to) hack, mimic, disable or obscure Komi software or content in Komi, or merge, disassemble, decompile or reverse-engineer Komi software or content.
You must only use Komi for lawful purposes (under the laws of England and Wales and the territory in which you are located). Do not use or attempt to use Komi in any way that breaches any national, local or international law or regulation. You are responsible for ensuring that your use of Komi and all of your posts, actions, activities, content and services provided through or in connection with your Komi Talent account are in full compliance with applicable law.
You must conduct yourself in a reasonably professional manner at all times and in such a way as to avoid reputational harm to us or the Komi platform.
From time to time we may make additional community, safety and security rules and guidelines available to you through Komi. This may include guidelines for the whole Komi community, or which apply specifically to Komi Talent account holders. Where we do so, you must read and comply with them.
Your discounts and promotions
You have the right to operate lawful promotions and discounts in regards to your offering of content and services through Komi to consumers. Where you choose to make a promotion or discount available, please be aware that it is your responsibility to ensure that the promotion or discount is in full compliance with all applicable laws and industry codes of good practice. You must make clear in your posts, marketing and promotion of your discounts and promotions that the discount or promotion is offered by you.
From time to time in our discretion, we may assist you with driving audience and consumer engagement to your Komi Talent account and your content or services such as (whether specifically or as part of our holistic efforts for promoting Komi) by operating and offering to consumers on your behalf certain limited promotional offers, free copies or access, price discounting and/or similar activities which may involve your Komi Talent account and/or your content and services. You authorise us to do the foregoing and you also acknowledge and agree that no payments will be due to you (for example, without limitation, where a promotion involves free-of-charge access to consumers).
Cancellations, charge-backs and refunds
Where a cancellation, charge-back or refund applies regarding a purchase a consumer made regarding your content or services made available through Komi in accordance with applicable law and/or the User Terms, the relevant sum will be deducted from sums we would otherwise owe you under these Talent Terms. In the event neither of the above are possible, you shall remain directly liable to pay to us the shortfall arising from cancellations, charge-backs or refunds that arise for any cause.
Notwithstanding anything to the contrary, we shall have the right to (and you irrevocably authorise us on your behalf to) in our discretion cancel purchases, process refunds, rescind or reject transactions or to otherwise exercise our discretion over accepting or rejecting refunds.
You agree that you will obtain our prior written (including email) consent (not to be unreasonably withheld or delayed by us) before taking any materials, assets or content from Komi, or which is released, made available or communicated in Komi (including content you submit into Komi as part of your content and services offering to consumers), outside of Komi (such as reposting the same of your (paid-for by consumers) content on third party services).
In regards to the licences Komi grants you under these Terms, such licences apply only to use within Komi and use outside of Komi is prohibited unless expressly set out to the contrary.
Your right to use Komi
We grant you a limited, non-transferable, revocable, non-exclusive licence to use: (i) Komi for your use as a Komi talent (including our website and the apps we make available), including for the purposes of fulfilling your obligations and exercising your rights hereunder; and (ii) ‘Komi’ branding and intellectual property rights we make available in our discretion, including our logo and/or trade marks (subject in all cases to the usage restrictions under these Talent Terms). The foregoing licence includes the rights (through Komi in each case) for you to transact for, fulfil, market and promote the availability of your content and services in Komi for consumers to purchase and access.
You are granted a limited, non-transferable, revocable, non-exclusive licence to use Komi consumers’ user-generated content (such as consumers’ messages and reviews) we make available to you through Komi, for the purposes of fulfilling your obligations under these Talent Terms.
From time to time we may provide you with certain promotional materials and assets which we identify as being for use by you for the promotion of the availability to consumers of your Komi Talent account (and the content, subscriptions and/or services you make available in Komi) through your personal social media accounts, websites and blogs. In regards to such materials and assets, we grant you a limited, revocable, non-transferable, non-exclusive licence to use them for those purposes only. We may require that you cease using them and/or remove them from your social media accounts, websites and/or blogs at our discretion on written notice to you.
Our rights to use your content
When you create a Komi Talent account, you are appointing us as your vendor. You retain ownership of the content you submit into Komi. However, we do need you to grant us a licence, as follows, so that we are able to use your works, content and intellectual property rights in accordance with these Talent Terms.
You grant us an exclusive, irrevocable, worldwide, royalty-free right and licence to use content, assets and materials (of any kind or nature including without limitation copy, audio, audio-visual materials) that you submit into Komi, such as through your posts, messages and through your offerings to consumers of your content, subscriptions and services (and your fulfilment and promotion of them), but only for the following permitted purposes:
To provide the Komi platforms, content and services and fulfil relevant transactions and in order for us to exercise and fulfil our rights, duties and obligations under these Talent Terms and under the User Terms; and
To promote and market Komi, including without limitation the availability of your content and/or services through Komi.
The foregoing licence that you grant to us survives termination or expiry of these Talent Terms.
Our warranties to you and our liability
We warrant to you that:
We are entitled to enter into these Talent Terms and fulfil our obligations under them;
We have and will have all necessary rights and licences to be able to grant the rights and licences we grant to you under these Talent Terms; and
Our services to you, in relation to Komi, will be provided with reasonable care and skill.
Aside from the above, we provide Komi and its services to you “as is”; meaning that we make no other representations, warranties or guarantees to you and that, to the maximum extent not prohibited by applicable law, we exclude any and all implied warranties, representations or guarantees. We do not limit our liability for personal injury or death caused by our negligence, or for our fraud or our fraudulent representation.
Except where otherwise expressly provided by these Talent Terms, and to the maximum extent permitted by law:
We do not accept any liability for: (i) any unforeseeable, indirect or consequential losses or costs (including without limitation loss of opportunities, potential savings, profits, revenues, customers, sponsors, damage to reputation or losses of data); or (ii) personal injury or death not caused by our negligence; and
To the maximum extent permitted by law, our liability to you shall not exceed the greater of the following sums: (i) £500; or (ii) the total amount you paid to us in Komi Service Fees (for the avoidance of doubt, less first-party platform costs, distribution fees and less any applicable taxes) in the preceding 12 months prior to the relevant date of liability first incurring.
Your warranties to us
You warrant, represent and undertake to us that:
You are entitled to, and have all necessary rights to, enter into these Talent Terms and perform your obligations and grant all necessary rights that you grant hereunder.
You will abide at all times with these Talent Terms and also with the User Terms (to the extent the User Terms are relevant to your performance, duties and obligations).
You will abide at all times by all applicable laws (under the laws of England and Wales and also of the territory in which you are located).
Your content, subscriptions and services made available through Komi to consumers will be for recreational and leisure services only and you will not hold out your content, subscriptions or services as being for other purposes, including without limitation as being medical advice, financial advice or advice on which any consumer should place reliance.
Your content, subscriptions and services made available through Komi to consumers will be appropriate for the Komi platform, lawful and original works that you have created.
Your content, subscriptions and services made available through Komi to consumers will be of the category that you disclosed to us in your Komi Talent account creation process (as may be amended with our written consent).
Your content, subscriptions and services made available through Komi to consumers, and any assets, content and materials you provide to us, will not infringe the rights of any third party (including without limitation their intellectual property rights or privacy rights).
You will exercise all reasonable care and skill in providing your content, subscriptions and services through Komi to consumers.
You have all necessary skills, experience and qualifications (including without limitation those you set out in any content or descriptions you provide in Komi to consumers) for the purposes of the content, subscriptions and services you provide to consumers.
Without prejudice to the above, you will provide your content, subscriptions and services in such a manner so that all commitments provided to consumers in the User Terms are met.
You indemnify us, and our directors, staff, suppliers, licensors and group companies, from any and all liabilities, penalties, losses and costs (including without limitation legal and professional expenses) that arise from any of the following:
Your breach of these Talent Terms (including without limitation the warranties you grant to us in these Talent Terms and the commitments you make to us regarding our confidential and/or proprietary information);
Your use of Komi in any illegal (according to laws of England and Wales as well as the territory in which you are located) way, such as if you use Komi to access, share or post illegal content, subscriptions and services or promote them; and
Third party claims against us (such as for, without limitation, infringement of intellectual property or privacy rights), arising from your use of Komi such as, without limitation, content you make available through Komi. You also indemnify us from third party claims against us arising from your failure to fulfil your obligations to Komi consumer users.
In such instances, we shall have the right to control the legal defence of any third party claim or regulatory investigation and you shall provide us with all assistance we request, acting reasonably.
You shall not, without our prior written consent, at any date within the period commencing from your creation of an Talent Account up to the date which is six (6) months from the termination or expiry of these Talent Terms for any cause, solicit or entice away (or attempt to) from Komi to any alternative platform or service that a reasonable business person would regard as a competitor to Komi, either of:
Any consumer users of Komi; or
Any Komi Talent account holders.
Failure to comply with the foregoing can, without limitation, result in us suspending or terminating your Komi Talent account and, additionally, we would reserve our right to seek damages or other remedies.
Data protection and data ownership
We do not share the personal data of Komi consumer users with Komi talent. However, we may from time to time provide you with anonymised usage reports at our discretion.
For the purposes of these Talent Terms and the exercise of duties and obligations hereunder by you and us, we both acknowledge and agree that neither of us acts as a data processor of personal data on behalf of the other (as ‘data processor’ and ‘personal data’ are defined in the EU General Data Protection Regulation 2016/679). Both parties instead act as independent controllers only, at all times for the purposes of these Talent Terms.
In regards to any intellectual property rights in Komi consumer user data and databases (including without limitation copyrights, database rights and any other intellectual property rights of any kind or nature or equivalent rights in any territory), such rights vest solely in us and are expressly reserved by us. On termination of these Talent Terms for any cause, you will not be entitled to receive a copy of or access to any Komi user data or databases (regardless of whether such data or databases include personal data).
In the course of our working relationship with you, we may disclose to you (but without obligation to do so) certain information which is of a proprietary and/or confidential nature, such as regarding our business affairs, pre-release marketing materials, marketing plans, suppliers, business partners, viewing figures, engagement figures or other of our confidential and/or proprietary information. All such information, whether marked confidential or not and regardless of the medium through which it is provided, must be held in strictest confidentiality and not disclosed except: (i) with our prior written approval; (ii) to your professional advisors or staff, to the extent strictly necessary for the purposes of fulfilling your obligations under these Talent Terms or exercising your rights under these Talent Terms (and provided they are made subject to obligations of confidentiality at least as stringent as under these Talent Terms); or (iii) where required by a court or regulator of competent authority (but providing us with advance written notice).
Your rights to end the agreement
You can close your Komi Talent account with us at any time, either by using settings within Komi or by contacting us. However, we may need a reasonable amount of time in order to process your closure request and update Komi.
Being fair to Komi’s consumer users is important to us. If you choose to close your Komi Talent account, there may still be consumers who have purchased previous content from you and who still want to access that content. Closure of your account does not mean we will take down or stop making available the relevant historical content.
Our rights to end the agreement
We may temporarily discontinue making available Komi or any part of it for any reason, including without limitation upgrades, maintenance or service administration reasons at our discretion. Updates we make to Komi do not terminate these Talent Terms. We will try to limit the downtime of the availability of Komi.
We reserve our right to take any action we deem reasonably necessary against you if you breach these Talent Terms, and that may include, without limitation, terminating these Talent Terms, suspending your Komi Talent account, limiting account access, deleting your Komi Talent account or your posts, materials, content, services or other assets within Komi. However, if what you have done can be put right, we will give you a reasonable opportunity to do so.
We, additionally, have the right to terminate these Talent Terms (in whole or in part) for convenience on notice to you (including without limitation in writing or by email), without penalty.
If these Talent Terms are terminated for any reason (such as if you delete your account, or if we terminate the Talent Terms because of your breach of them or we terminate at-will):
The rights and licences granted from us to you shall immediately terminate, including without limitation your licence to use Komi or any part of it or our content therein;
The rights and licences you grant to us under these Talent Terms will survive and continue unaffected; and
All other rights and liabilities accrued up to the termination date shall be unaffected (including our obligation to pay you any outstanding, undisputed fees we owe to you regarding purchases by consumers of your services or content pursuant to these Talent Terms).
Reserving our rights
We, and our licensors, are the owners of all rights in Komi including without limitation intellectual property rights. Except for licences expressly granted to you under these Talent Terms, no other rights or licences are granted and all of our and our licensors’ other rights are reserved.
Your equipment, production and music licensing
You are responsible for your own devices, equipment, production of assets and content, overheads, development costs, hardware costs, internet connection costs and other costs regarding any content, subscriptions and services you provide as part of being able to fulfil your obligations and exercise your rights hereunder.
In no event shall we be responsible for paying royalties to you or any third party or collection society regarding third party intellectual property rights in any content you choose to input into Komi, including without limitation music you feature in your content. Clearance and licensing arrangements for music utilised in any and all content, assets and materials you provide to us or make available through Komi is solely your responsibility. You indemnify us from all costs, liabilities and expenses we incur from your breach of the foregoing.
We may make available functionality in Komi that permits you to operate subscriptions with your audience, for example for them to subscribe to access content and/or services from your Komi Talent account that you choose to make available to them in exchange for their paid-for, recurring subscription. You acknowledge and agree that:
We shall have the right to amend, update or remove subscription functionality from Komi in our discretion, or to amend subscription pricing;
The subscription functionality is provided by us in accordance with the relevant terms in the User Terms and you acknowledge those terms and authorise us to manage the subscriptions relevant to your Komi Talent account in accordance with them;
For the avoidance of doubt and without prejudice to their application in other areas, these Talent Terms apply to the subscriptions offered to Komi consumer users by you (including regarding all relevant warranties, undertakings, representations, obligations and restrictions in these Terms which are relevant to your offering of the subscriptions and/or the content or services offered by you as part of the subscriptions). For example and without limitation, you are responsible for and must ensure that what is made available to consumers by you in exchange for subscriptions is accurately described to the consumers and not misleading;
We reserve the right in our discretion to limit the Komi Talent accounts who are permitted to offer subscriptions to consumers and/or to withdraw that functionality from your account; and
If we make a refund of a subscription purchase to a consumer in our discretion, without prejudice to our other rights, we may recoup the refund from you.
Your interactions with Komi consumer users
In all of your interactions with Komi consumer users you must comply with these Talent Terms and any relevant provisions of the User Terms. Similarly, we include protections and restrictions in the User Terms regarding how Komi consumer users are required to interact with you. However, to the maximum extent permissible by law, we are not responsible for Komi consumer user-generated content (and we do not moderate content from Komi consumer users), including without limitation messages, images, audio, videos, video streams or similar content Komi consumer users may provide to you. If you believe a Komi consumer user has breached the User Terms, you must notify us immediately.
Application store terms
For our Komi mobile / tablet applications (including iOS and, where we make it available, Android or other platform versions), the application stores (such as Apple App Store and Google Play) (each a “store”) require us to let you know that:
These Talent Terms are between you and us and not with any store provider, including without limitation Apple Inc. (“Apple”) nor its subsidiaries or affiliates.
We are responsible for Komi and its content (except for the content you provide to us) in accordance with these Talent Terms - not Apple. We are the party responsible for providing application support and maintenance. Apple has no obligation to provide maintenance or support services for the application.
Licences for your use of Komi and content within Komi (except for the content you provide to us) granted under these Talent Terms are for use via the devices you own or control (e.g. your iOS device), and as permitted by the store's usage rules.
We are solely responsible for providing support and maintenance for the app. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Komi apps.
We (not Apple) are responsible for addressing claims you may have relating to the Komi iOS application and its possession or use.
In the event of a third party claim that the Komi iOS application itself infringes a third party’s intellectual property rights, we are the party responsible for the review, investigation, defence and (where appropriate) settlement or discharge of such matter – not Apple.
To be able to use Komi and create your Komi Talent account, you confirm it is legal for you to access Komi in the territory you are in and that you are not located in a country which is subject to US Government embargoes or which is designated by the US Government as a “terrorist-supporting country”. You also confirm you are not listed on any US Government prohibited or restricted parties lists.
You agree that Apple is entitled to enforce these Talent Terms as a third party beneficiary, including against you if you were to breach them.
To the extent of a conflict between store terms and our own, the store terms prevail.
Komi Talent Addendum
We appreciate that what you do may be unique and we may need to agree some further, more tailored terms between us. For those purposes, we may agree a separate Komi Talent Addendum with you in writing (including email), to set out any special terms that are needed. To the extent of any conflict or ambiguity between these Talent Terms and the Komi Talent Addendum, the Komi Talent Addendum prevails.
We may make changes to these Talent Terms from time to time in our discretion. When we do so, we will post them here. Please check back here from time to time for updates. Each time you use Komi, or access or provide any content or services through Komi, you are agreeing to the latest version of these Talent Terms. Until any updated Talent Terms are agreed to by you in accordance with the foregoing, the existing set shall apply.
These Talent Terms are the entire agreement between you and us in respect of your use of Komi. Any representations not set out in these Talent Terms are superseded and replaced by these Talent Terms.
Even if we delay in enforcing our rights, including under these Talent Terms, we still have the right to do so later. Failure to enforce any particular rights or obligations under these Talent Terms does not prejudice our ability to enforce any other rights or obligations under these Talent Terms.
Our remedies set out in these Talent Terms, including without limitation regarding suspending or terminating your Komi Talent account, are without limitation to any rights and remedies available to us under these Talent Terms or otherwise at law.
We have the right to subcontract, sublicense, assign, novate or otherwise transfer our rights and obligations (in whole or part) under these Talent Terms. For example, without limitation, we may do so if we are acquired or restructured. If this happens, we will notify you.
You are not permitted to subcontract, sublicense, assign or otherwise transfer your rights or obligations under these Talent Terms to a third party, unless we agree in writing.
You agree that the character of these Talent Terms is unique and of a special value to Komi and that, if you breach the Talent Terms, damages alone may not be a sufficient remedy and that Komi shall additionally have the rights (without bond or security) to equitable remedies including without limitation injunctive relief and other equitable remedies as may be available at law.
Without prejudice to the express provisions of these Talent Terms, these Talent Terms do not give rise to rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these terms.
In the event these Talent Terms or a part of them are held by any court or tribunal of competent authority to be unenforceable, these Talent Terms (or relevant part of them) will be interpreted in such a way that the rest of the terms are unaffected and such unenforceable terms shall be deemed replaced by terms which are amended to the minimum extent possible so as to be enforceable and reflect the parties intentions with full force and effect.
These Talent Terms will be governed and construed by the laws of England and Wales.
If you have a dispute about these Talent Terms or arising in connection with them, please contact us first to discuss it. The courts of England and Wales shall have exclusive jurisdiction to settle disputes or claims arising from or in connection with these Talent Terms.