TERMS AND CONDITIONS OF USE & TERMS OF SALE

Last Updated: July 22, 2016

CONTENT:

  • LICENSE TO USE THE SITE AND SERVICES
  • OWNERSHIP
  • TERMINATION OR CHANGE TO SITE OR SERVICES
  • THIRD PARTY CONTENT AND WEBSITES
  • KUMUL ONLINE STORE’S RIGHTS TO MATERIALS PROVIDED BY USERS
  • NO RESPONSIBILITY FOR USER-TRANSMITTED MATERIAL
  • USER CONDUCT
  • INDEMNIFICATION
  • DISCLAIMER OF WARRANTIES
  • LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES
  • ADDITIONAL REMEDIES
  • PRICES AND TERMS
  • TAXES
  • MODIFICATION OF PRICING AND BILLING TERMS:
  • BILLING CURRENCY
  • NO REFUNDS
  • DISPUTE OF CREDIT CARD CHARGES
  • TERMINATION
  • USE OF PRODUCTS AND SERVICES
  • DISCLAIMER OF WARRANTY
  • LIMITATION OF LIABILITY
  • FORCE MAJEURE
  • GOVERNING LAW

Welcome to Kumul Online Store. These Terms and Conditions of Use (“Terms”) apply to and govern your use of the www.kumul-online-store.com including the selection, coordination, arrangement, and “look and feel” thereof (the “Site”) and any products, services, applications, newsletters, and other digital offerings that may be provided by or registered with www.kumul-online-store.com by you (“Services”). In these Terms, the terms “we” or “us” also refer to Kumul Online Store. By visiting www.kumul-online-store.com, you accept these Terms and Kumul Online Store’s Privacy Policy. If you have an account with Kumul Online Store, any related terms that you agree to when you register or sign up for a specific Service are also incorporated into and a part of these Terms. If you do not agree to these Terms and the Privacy Policy, do not use the Site, request, or register for any Service. Kumul Online Store reserves the right to modify or amend these Terms without notice. Your continued use of www.kumul-online-store.com following the posting of changes to these Terms will mean you accept those changes.

  • LICENSE TO USE THE SITE AND SERVICES Kumul Online Store grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site and Services, and the texts, images, articles, photographs, illustrations, audio, graphics, graphs, video clips, and other materials (“Content”) thereon, for your personal informational use only, provided that you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of Kumul Online Store. You may download one copy of Content from the Site and Services for your personal informational use only, provided that you maintain all copyright, attribution, and other notices contained in such Content, including, without limitation, trademarks and service marks of Kumul Online Store and its affiliates or the copyright holder identified in the individual content’s copyright notice. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any Content contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including, without limitation, electronic, mechanical, photo reproduction, recordation or otherwise, without the prior written consent of Kumul Online Store. Any images of artworks on the Site or Services are provided for use only in the context of the Site or Services, and are subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to Kumul Online Store.

You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine, or device including, but not limited to, spamming, hacking, or uploading computer viruses, trojan horses, time bombs, spyware, cancelbots, Easter eggs, or the means expressly prohibited by any provision of these Terms. You may not use any robot, spider, other automatic device, or manual process to monitor or copy www.kumul-online-store.com, Services, or any content contained thereon or for any other purpose without Kumul Online Store’s prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on Kumul Online Store’s infrastructure.

  • OWNERSHIP The Content, Site, and Services are also protected by the laws of the Independent State of Papua New Guinea, without limitation, copyright, trademark, trade services, moral rights, rights of privacy, and rights of publicity (“Intellectual Property Rights”). Kumul Online Store or its licensors own all Intellectual Property Rights in and to the Content, Site, and Services. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Site and Services.

You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content, or any Services. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any Content. In the event of any permitted copying, redistribution, or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of Kumul Online Store and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.

  • TERMINATION OR CHANGE TO SITE OR SERVICES Kumul Online Store shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue, temporarily or permanently, any aspect of the Site or Services, including, but not limited to Content, features, and hours of availability, without further notice to you. Kumul Online Store may also impose limits on certain features and services, or restrict your access to parts or all of the Site or Services with or without further notice or liability. You agree that Kumul Online Store may terminate your use of this Site and Services, cancel your user registration, remove your Communications, and/or exercise any other remedy available to it, if Kumul Online Store reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of Kumul Online Store or any third party, or for any reason, with or without notice to you. You agree that Kumul Online Store will not be held liable to you or any third party as a result thereof.
  • THIRD PARTY CONTENT AND WEBSITES. As further explained below, some of the Content on the Site is contributed by third parties. Such Content does not necessarily represent the views or opinions of Kumul Online Store. Kumul Online Store does not assume any responsibility for third-party Content Communications posted on the Site or Services. Kumul Online Store does not represent or guarantee the truthfulness, accuracy, or reliability of any such Content. ANY RELIANCE UPON CONTENT POSTED ON THE SITE OR SERVICES BY THIRD PARTIES IS AT YOUR OWN RISK.

The Site and some Services may contain links and pointers to third-party sites, resources, and sponsors. Links to and from the Site or Services to third-party sites do not constitute an endorsement by Kumul Online Store, its site, resources, or content. Kumul Online Store cannot guarantee, represent, or warrant that the content contained in these sites is true, accurate, lawful, and/or inoffensive. Kumul Online Store has no control over these sites or the content within them. Kumul Online Store does not warrant that any third-party site will be free of viruses, or that they will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.

  • KUMUL ONLINE STORE’S RIGHTS TO MATERIALS PROVIDED BY USERS Kumul Online Store welcomes your participation on the Kumul Online Store Site and Services. By sending messages to Kumul Online Store, uploading or posting files, images, text, data, content, or other materials on the Site, or by otherwise providing information or communications to Kumul Online Store (individually or collectively “Communications”) to or within the Site or Services, you grant to Kumul Online Store a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works, and otherwise exploit such Communications and any ideas or original materials contained in these Communications for any purpose and in all media now known or hereafter developed. This grant includes the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all Intellectual Property Rights in any relevant jurisdiction. You waive all rights you may have to inspect and/or approve any use by Kumul Online Store of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against Kumul Online Store for any alleged or actual infringements or misappropriation of any Intellectual Property Rights in connection with such Communications. You agree and understand that Kumul Online Store is under no obligation to use any Communications submitted by you on the Site or in any way.

You warrant that you own all Intellectual Property Rights in and to any Communications that you submit to Kumul Online Store, or that you have sufficient rights in and to the Communications to grant to Kumul Online Store the above license.

  • NO RESPONSIBILITY FOR USER-TRANSMITTED MATERIAL You acknowledge that Communications to and from the Site and any Services are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Kumul Online Store or the Site or Services, no confidential, fiduciary, contractually implied, or other relationship is created between you and Kumul Online Store, any Kumul Online Store affiliate, or subsidiary other than pursuant to these Terms. Kumul Online Store shall not be responsible for the payment of any money to any party in connection with Kumul Online Store’s use of Communications submitted by you to the Site.

Communications submitted by third parties to the Site or Services do not necessarily represent the view or opinions of Kumul Online Store. Kumul Online Store does not assume any responsibility for the consequences of Communications on, or any communications or results arising from the use of the Site or Services. Kumul Online Store does not represent or guarantee the truthfulness, accuracy, or reliability of any Communications posted by users; Kumul Online Store does not endorse any opinions expressed by such users. ANY RELIANCE UPON COMMUNICATIONS POSTED ON THE SITE OR SERVICES IS AT YOUR OWN RISK.

  • USER CONDUCT

Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:

  • Disrespecting the privacy or views of other users
  • Using Kumul Online Store, the Site, or the Services for unlawful purposes or to promote any unlawful activities
  • Impersonating or harassing another person, allowing another person to use your identification to post or view comments, or soliciting passwords or personal identifying information from other users
  • Transmitting “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”
  • Submitting a Communication that infringes, misappropriates, or encourages infringement or misappropriation of the Intellectual Property Rights of others, or that is obscene, defamatory, harmful, abusive, threatening, or false
  • Submitting a Communication that violates any law or regulation
  • Posting irrelevant Communications or posting Communications in inappropriate categories
  • INDEMNIFICATION You agree to indemnify, defend, and hold harmless Kumul Online Store, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs, and expenses of any kind related thereto (including, without limitation, attorneys’ fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon, or resulting from: (i) your use of, or inability to use, the Site or Services, (ii) any negligence, willful misconduct, or any breach of these Terms, including, without limitation, breach of any warranty, covenant, or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. Kumul Online Store reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action, or other matter, without the prior written consent of Kumul Online Store.
  • DISCLAIMER OF WARRANTIES Kumul Online Store does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Content, Site, or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Kumul Online Store reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.

THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS. AND THIS SITE IS INTENDED FOR PEOPLE OVER THE AGE OF 18.

NEITHER KUMUL ONLINE STORE NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES, OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site or Services results in the need for servicing or replacing property, material, equipment, or data, Kumul Online Store is not responsible for those costs.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.

  • LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES Kumul Online Store is not liable for any lost data resulting from the operation of the kumul-online-store.com, provision of Services, and/or the enforcement of the Terms. Kumul Online Store urges all users to maintain their own back-up versions of any Communications they provide for submission to the Site or Services.

Kumul Online Store disclaims any and all liability for the acts, omissions, and conduct of any users, advertisers, and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. Kumul Online Store is not responsible for the products, services, actions, or failure to act of any other third party in connection with or referenced on the Site or Services.

UNDER NO CIRCUMSTANCES SHALL KUMUL ONLINE STORE OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THESE TERMS, THE CONTENT, THE SITE, OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF KUMUL ONLINE STORE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS, THE SITE, OR ANY SERVICES EXCEED, IN THE AGGREGATE, PGK1000.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  • ADDITIONAL REMEDIES You agree that monetary damages may not provide a sufficient remedy to Kumul Online Store for your violation of these Terms, and, accordingly, you acknowledge and agree that Kumul Online Store is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to Kumul Online Store under these Terms, at law, or in equity. Kumul Online Store may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Kumul Online Store is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.

KUMUL ONLINE STORE SUBSCRIPTION AGREEMENT AND TERMS OF SALE

The Subscription Agreement and Terms of Sale (hereafter, the “Agreement”) governs your use of Kumul Online Store products and services more fully described below (“Products”), and creates a legally binding agreement between you and Kumul Online Store (“we,” “us,” “our,” or “Kumul Online Store”). By checking the box marked “I accept Kumul Online Store Terms and Conditions” at the bottom of the registration page, you accept and agree to be bound by this Agreement.

Any changes to this Agreement will be effective upon posting of the revisions to our website. If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. You are responsible for reviewing our website and any applicable changes. Changes to this Agreement may be posted on our website without notice to you. Your continued use of our products and services following our posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement, or any revised version of this Agreement, do not continue to use Kumul Online Store products.

  1. PRICES AND TERMS There is one payment methods for Kumul Online Store Products:
  • All Product prices are listed on each product page. You agree to pay the price for the Product indicated in the pricing schedule set forth on these pages. At the time of account creation or purchase, you need to provide accurate information regarding your account, including a valid credit card, and you must certify that you are over 18 years of age and legally able to enter into a valid and binding agreement with Kumul Online Store. Your purchases of any Kumul Online Store product will be billed in the currency of the country listed in your credit card billing address.
  1. TAXES You are responsible for paying all applicable sales, use, transfer, value-added, or other taxes and all duties, whether international, national, state, or local, however designated, which result from the purchase of our Products. When Kumul Online Store is required to collect such taxes from you, Kumul Online Store may charge applicable taxes at the time of sale. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable. If an error has been made in the amount of taxes collected by Kumul Online Store with respect to your purchase, we reserve the right to process an additional charge in order to meet our obligations to collect such taxes in the correct amount as required by applicable law.
  1. MODIFICATION OF PRICING AND BILLING TERMS: We reserve the right at any time to institute new prices, and to change the amount of or the basis for determining any prices or charges with respect to the Products, or charge taxes applicable to the sale of our Products. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable.

We reserve the right to modify the prices and charges at any time. For monthly and annual subscriptions, which are automatically renewed, such changes will become effective with your next billing cycle, following our written notification to you of such changes, unless you cancel your subscription within the allotted time frame. For non-renewable subscriptions, such changes will only apply to new subscription terms.

 

  1. BILLING CURRENCY

Products are advertised in PNG Kina on www.kumul-online-store.com . When purchasing Kumul Online Store Products on the Site, your credit card billing address entered on step 2 will affect the currency and price of your order. The price is displayed on step 3 in your local currency, and you can choose to return to step 2 to edit your billing address before purchasing if needed.

If you purchase an automatically-renewing subscription, each subsequent renewal will be charged in the local currency based on your billing address. You can modify this address at any time, and changes will be reflected in your subsequent renewal and/or overage charge(s). You can cancel your subscription at any time without penalty.

  1. NO REFUNDS Except if otherwise expressly stated, Kumul Online Store will not refund any subscriptions or over-the-limit searches that have been purchased. When you request a service from us, you agree that we may begin to provide the service immediately, and that you will not be entitled to a cancelation period, except if applicable law requires a cooling-off period despite your waiver and even when a service starts right away. You can, however, cancel your subscription as described in the “Termination” section of this Agreement.
  1. DISPUTE OF CREDIT CARD CHARGES If you have a disagreement regarding a credit card charge, you may contact the Kumul Online Store customer support team in writing within 90 days of the date of the initial credit card charge. You agree that Kumul Online Store is not liable for any charges or errors not reported within such 90-day time frame; and you expressly waive any right to dispute a charge to your credit card if you have not contacted Kumul Online Store customer support in writing with respect to any disputed charge within such period.
  1. TERMINATION You may terminate any Price Databaseor Market Alerts subscription under this Agreement by clicking on the “Cancel” icon located on the My Account page of the Kumul Online Store Site. You may terminate your Gallery Network membership by submitting a written notice to your representative (by either clicking the link “Contact My Rep” on your My Account page, or by sending an email directly to your representative). The effective date of such termination will be the end of the current billing period indicated on the My Account page. In the event you initiate a reactivation of any subscription for any auto-renewing Product under this Agreement after a request for termination, the termination shall be null effective as of the date of such reactivation, and this Agreement will continue to be in effect. In the event of the termination of your subscription for any Product, you shall be responsible for payment of all charges through the rest of the subscription term for this Product and payment for any additional searches over the prescribed search limit for your subscription for such Product or other overages. You will also forfeit rights to any Accumulated Searches, if any. You shall not be entitled to any refund as a result of the termination of your subscription to any Product under this Agreement.

We may terminate your right to use and/or access any Product (including, but not limited to, any subscription which you may have for any Product) at any time in our sole discretion, with or without prior notice. We may also suspend your use of the Products by disabling your username and/or password for any reason, including, but not limited to, cases in which we believe you have violated the terms of this Agreement or you are using the information provided through the Products in a manner inconsistent with the spirit of this Agreement or the general Terms and Conditions of our website (see above). If we terminate your right to use and/or access any Product (including but not limited to any subscription which you may have for any Product), without cause, we agree to refund to you the pro-rata portion of any payments made by you to us for such terminated Products. Any determination of the amount to be returned to you in the event of any such termination shall be made by Kumul Online Store in its reasonable discretion, and shall be conclusive and binding. In the event of any termination by us, you will remain responsible for payment for any additional searches over the prescribed search limit for your subscription, and for other overages as a result of your usage of any Product prior to termination. You will also forfeit any right to any Accumulated Searches, if any.

  1. USE OF PRODUCTS AND SERVICES In consideration of the payments made by you, and subject to you, observing the obligations under this Agreement, we grant you access to the Products purchased via our website under the following conditions:
    • Unless otherwise agreed upon by us, each Product is limited solely to you, is not transferable, and does not extend to any other person, employer, subsidiary, parent organizations, or any other related or affiliated organizations. You may not assign, sub-license, transfer, change, or otherwise dispose of your rights under this Agreement without the prior written consent of Kumul Online Store.
  • You may print single copies of individual results pages and other items from searches on the Price Database Fine Art and Design and the Kumul Online Store Price Database Decorative Art, but not more than one percent (1%) of the aggregate databases, respectively.
  • You may not duplicate or distribute Kumul Online Store AnalyticsReports, including the information contained within a report, without the prior written consent of Kumul Online Store.
  • It shall be the gallery member’s sole and exclusive responsibility to secure any necessary permission and/or authorizations to reproduce, display, or distribute the Materials as herein licensed where such rights are held by third parties. The member represents and warrants that it has the right to publish the materials supplied to Kumul Online Store and to grant Kumul Online Store the rights licensed herein, and that such materials do not infringe on any third party’s rights and are not otherwise unlawful. The member grants Kumul Online Store an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce, distribute, or otherwise use any and all materials, text, information, images, photographs, or other content listed, posted, displayed, or otherwise submitted by the member to Kumul Online Store (collectively, the “materials”) for all purposes, in any format or media now known or hereinafter invented.

 

  • We shall grant a username and password or IP restriction to you. You are responsible not to disclose the username, password, or IP address to any other person, and to monitor your account for any usage that is not your own. In the event that you cannot recall your username or password, or you become aware that another person is using your username, password, or IP restriction, you must immediately contact the Kumul Online Store customer support team. You agree to cooperate with us to stop further abuse should it occur.
  • We reserve the right to issue replacement usernames and/or passwords at any time.
  • You do not own any information you have purchased or printed from our Product pages or website. You shall use your best efforts to safeguard the intellectual property, confidential information, and proprietary rights of Kumul Online Store.
  • You are responsible for the provision of and payment for the computer equipment and telecommunication services necessary to access the purchased Products. We shall not issue credits or refunds against charges incurred by you in relation to such telecommunication services or those incurred contacting our customer support team. You accept that we have no control over such telecommunication services and that we shall have no liability to you for the acts or omissions of telecommunication service providers, or for faults in or failures of their apparatus.
  • Usage Restrictions

You agree that you will not:

  • Sell, distribute, license, rent, or otherwise exploit any Product provided, or any element of it, for any commercial purpose
  • Make any Product, or any element of it, available to other persons
  • Make any Product, or any element of it, available on, or by, electronic bulletin boards, news groups, websites, blogs, FTP, or any other means of posting or transmitting material on the Internet, an online service, local, or wide area network
  • Remove or obscure any copyright notice(s) from materials including hard-copy print-outs
  • Use any Product, or any element of it, to create any derivative work, product or service, or merge any Product with any other product, database, or service
  • Alter, amend, modify, translate, or change any Product, or any element of it
  • Undertake any activity which may have a damaging effect on our or any of our third-party licensors’ ability to achieve revenue through selling and marketing the Products
  • Otherwise use any Product, or any element of it, supplied in accordance with this Agreement in a manner that would infringe the copyright or other proprietary rights contained within it
  • Permit any third party to obtain remote access to any Product, or any element of it, through your computer network
  • Download or permit any third party to download any digital information to any storage media, including, but not limited to, system servers, USB sticks, hard disks, diskettes, CD-ROMs, and back-up tapes
  • Disclose the username or password assigned by us to any person, firm, or company
  1. DISCLAIMER OF WARRANTY Kumul Online Store, its affiliates, and any third-party providers, as well as their officers, directors, shareholders, employees, and agents, do not guaranty and make no representations or warranties with respect to the accuracy, completeness, timeliness, or availability of the Products or any information contained within the Products. The products are provided “as is.” Neither we nor anyone else makes any warranties of any kind, expressed or implied, including, but not limited to, warranties of merchantability, quality, accuracy, or fitness for a particular purpose. To the fullest extent permitted by applicable law, all implied warranties, conditions, and other terms of any kind are hereby excluded. No oral or written information or advice given by any representative of us, or by anyone else, shall create any warranties.
  1. LIMITATION OF LIABILITY We shall not be liable to you for any loss or damage whatsoever resulting from omissions or inaccuracies in the Products regardless of how it was caused, including, but not limited to, the omission of any transactions from our databases, reports, and indices. We do not warrant that access to the Products will be free from errors or faults. In the event of a fault, you shall notify the Kumul Online Store customer support team by telephone, email, or letter, and we shall use reasonable efforts to correct those faults or errors reported by you.

We shall not be liable for any claim or loss arising from:

  • Any failure or malfunction resulting wholly, or to any extent, from your negligence, operator error, or any other misuse or abuse of any Product
  • Any failure by you to take steps recommended by us to resolve a fault in any Product
  • Any modification of any Product, its merger with any other program, or any maintenance, repair, adjustment, alteration, or enhancement of any Product by any person other than us
  • Your inability to use any Product due to website downtime

To the fullest extent permitted by applicable law, Kumul Online Store does not accept liability for any loss or damage of any kind incurred as a result of your use of the Products, or relying on any information contained in the Products, including, but not limited to, the making of any purchase, sale, or other investment decision, or the giving of any advice in reliance on, or on the basis of, any Products or conclusions drawn from such Products.

Kumul Online Store encourages its customers to consult with art experts and investment professionals before making any buying or selling decisions. Past performance is not an indication of future results. Returns shown in Kumul Online Store Indices and Analytics Reports may not represent the results of actual sales transactions.

To the fullest extent permitted by applicable law, our liability in respect to any and all claims and/or actions (whether in contract, in tort (including negligence) or otherwise) arising out of or in connection with this agreement, or any product supplied hereunder, is limited to the amount of charges actually paid by you under this Agreement. No action, regardless of form, arising out of this Agreement, or any Product supplied hereunder, may be brought by you more than one year after you know of the occurrence which gives rise to the cause of such action.

Notwithstanding anything else contained in this agreement, and except where prohibited by applicable law, in no event shall we be liable to you or anyone else for loss of profits, business, revenue, goodwill, anticipated savings, or any indirect, incidental, special, punitive, consequential, or similar loss or damage of any kind or nature, even if we have been advised of the possibility of such losses or damages in advance.

You shall indemnify and hold us harmless against any and all claims, actions, demands, legal proceedings, losses, damages, liabilities, and costs and expenses, including, but not limited to, legal charges, arising from any misuse of any Product under this Agreement, whether or not authorized by you, which are brought against us by third parties, and shall reimburse us for any costs and expenses, including, but not limited to, legal charges, resulting from any claims by us against you.

  1. FORCE MAJEURE Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control including, but not limited to, wars, strikes, floods, governmental restrictions, power failures, and damages or destruction of any network facilities or services, shall not be deemed a breach of this Agreement.

 

  1. GOVERNING LAW This Agreement, and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto, shall be governed by and construed according to the laws of the Independent State of Papua New Guinea.