Terms & Conditions

Objective of Dum Dum Application Policy

The object of the Dum Dum application policy is to provide a comprehensive framework that governs the interaction between users, artists, and the platform. It ensures transparency, sets expectations, and protects the rights and responsibilities of all parties involved while maintaining compliance with applicable laws and regulations.

Scope of the Dum Dum Application Policy

The policy applies to:

Users: Individuals who register on the Dum Dum platform to access and book artist services.
Artists: Professionals or individuals offering their services via the Dum Dum platform.
Platform Activities: All actions performed within the Dum Dum application, including but not limited to registration, profile management, bookings, payments, communication, and dispute resolution.
Policies and Guidelines: Terms and Conditions, Privacy Policy, Refund Policy, and Cookies Policy governing platform operations.

Applicability of the Dum Dum Application Policy

The policy is applicable to all users and artists registering or interacting with the Dum Dum platform.
It is enforced from the moment users or artists agree to the terms by accessing or using the platform.
It applies to:
- Account Creation and Management: Registration, verification, and updates.
- Service Usage: Booking, payments, cancellations, and refunds.
- Content Management: Content uploaded or shared by artists and users.
- Dispute Handling: Mediation and resolution of conflicts between users and artists.
- Data Usage and Security: Collection, processing, and protection of personal information.

Terms and Conditions

By registering, accessing, or using the Dum Dum application, you agree to these Terms and Conditions.

1. Platform Overview

Dum Dum serves as an intermediary platform connecting artists with users seeking their services. While we facilitate bookings and communication, Dum Dum is not directly involved in the performance agreements between users and artists. Dum Dum is not liable for the performance, quality, or outcomes of the services offered by Artists.

2. User Accounts

Eligibility: Users must be at least 18 years old to create an account.
Account Information: Users must provide accurate, complete, and up-to-date information during registration and must notify Dum Dum of any changes. False or misleading information may lead to suspension or termination of the account.
Account Security: Users are solely responsible for maintaining the security of their account, including the confidentiality of their login credentials. Users must immediately notify Dum Dum if they suspect unauthorized access to their account.
Account Recovery: Users can recover their account using their registered email or phone number in case of lost access. Dum Dum may require additional verification steps for account recovery.
Termination: Dum Dum reserves the right to suspend, deactivate, or terminate user accounts that violate these Terms, engage in illegal activities, or fail to comply with the Platform’s rules.

3. Artist Profiles

Registration: Artists must provide accurate details about their skills, availability, and rates.
Profile Updates: Artists must promptly update their profile with any changes to their availability, services, or rates to ensure users have accurate information when booking.
Content Artists are solely responsible for the content they upload, including ensuring compliance with applicable laws, intellectual property rights, and other regulations. Dum Dum will remove any content that violates these terms.
Verification: Dum Dum may require artists to undergo a verification process to confirm the accuracy of their provided information. Artists must comply with this process for continued use of the Platform.
Commitment: Artists agree to honor confirmed bookings and maintain professional conduct.

4. Booking and Payments

Process: Users can browse through available artists and book their services directly via the Platform. All bookings are subject to availability and terms outlined in the Artist’s profile.
Payment Terms: Payment terms, including rates, are set by the artists. Dum Dum may charge a service fee, which will be disclosed before the transaction.
Cancellations and Refunds: Cancellations made by Users or Artists are subject to the cancellation policy provided by the Artist. Dum Dum is not liable for refunds unless stipulated in the terms. Refunds for cancellations are typically processed to the original payment method, and may incur administrative charges. Users must refer to the Artist’s specific cancellation policy before proceeding with a booking.
Rescheduling: Any rescheduling of bookings must be mutually agreed upon by both the user and the artist. Dum Dum is not responsible for any conflicts arising from rescheduling.
Payment Disputes: Any disputes related to payments or charges must be submitted within [X] days of the transaction. Dum Dum will review the issue and mediate, but is not responsible for the outcome of payment disputes.
Payment Confirmation: Once a payment is successfully made, a confirmation email or notification will be sent to the user. Users are advised to check their email for payment receipts and booking confirmations.

5. Prohibited Conduct Users and artists agree not to:

Illegal Activities: Using the Platform for any unlawful purpose, including but not limited to fraud, identity theft, or violating intellectual property rights.
Offensive Content: Posting or sharing content that is harmful, discriminatory, abusive, offensive, or harasses others.
Misrepresentation: Providing false, misleading, or deceptive information or impersonating another individual or entity.
Disruption: Engaging in any activity that disrupts, overloads, or interferes with the operation of the Platform or harms the experience of other users.
Unsolicited Communication: Users and Artists are prohibited from sending unsolicited promotional messages or spam through the Platform.

6. Liability and Disclaimer

Intermediary Role: Dum Dum acts solely as an intermediary platform to connect Users with Artists. Dum Dum does not provide the services offered by Artists and is not responsible for the actions, services, or conduct of Users or Artists.
Performance Quality: Dum Dum does not guarantee the performance or outcomes of any Artist’s services. The Platform does not endorse or warrant the quality of any content or services.
Dispute Resolution: Users and artists agree to resolve disputes independently, without holding Dum Dum responsible. However, Dum Dum may assist in mediating disputes at its discretion.
Limitation of Liability: Dum Dum’s liability is limited to the amount paid by the user for the service in question. Dum Dum is not responsible for any indirect, incidental, or consequential damages arising from the use of the Platform.
Third-Party Services: Dum Dum is not liable for any third-party services, content, or links provided through the Platform. Users and Artists use these services at their own risk.

7. Classification of Data

To ensure transparency and compliance with data protection regulations, Dum Dum classifies data into two main categories: Public Data and Private Data.

Public Data:

Definition: Information that is freely accessible and can be viewed by other users or the general public on the Dum Dum platform.
Examples:
- Artist profiles, including publicly visible skills, services offered, and rates.
- Reviews and ratings posted by users about artists.
- Publicly shared content, such as artist portfolio items (photos, videos).
- User names and public comments.

8. Private Data

Definition: Personal, sensitive, or confidential information that requires restricted access and is protected by security protocols.
Examples:
- Personal details such as phone number, and payment information.
- Communication logs between users and artists not intended for public view.
- Account credentials, passwords, and other security-related information.
- Financial information and transaction history.

9. Privacy

Your personal information is handled in accordance with our Privacy Policy. By using Dum Dum, you consent to the collection and use of your information as described therein.

10. Data Storage and Access:

Public Data is accessible to all users within the Dum Dum application, unless restricted by user or artist settings.
Private Data is securely stored in encrypted formats and can only be accessed by authorized personnel and, where necessary, third parties (e.g., payment providers).
Dum Dum retains Public and Private Data for varying durations as per legal obligations. Users may request the deletion of Private Data, subject to Dum Dum’s legal requirements.

11. Responsibilities

Responsibilities of Users:

Account Accuracy: Ensure accurate information and update account details regularly.
Booking & Payment: Review artist profiles, make timely payments, and adhere to cancellation/rescheduling policies.
Respectful Communication: Engage respectfully with artists and other users.
Compliance: Follow platform policies and respect intellectual property rights.

Responsibilities of Artists:

Profile Accuracy: Maintain an up-to-date and accurate profile.
Service Delivery: Deliver services professionally as agreed.
Pricing Transparency: Communicate rates and any additional charges upfront.
Content Responsibility: Ensure compliance with copyright laws and platform rules for uploaded content.
Compliance: Adhere to platform policies and cooperate in verification or dispute resolution.

Shared Responsibilities:

Respect & Professionalism: Maintain respect and professionalism in all interactions.
Dispute Resolution: Cooperate to resolve disputes, with Dum Dum’s assistance if necessary.
Legal Compliance: Follow all applicable laws and regulations.

12. Obligations of Dum Dum Application

Platform Functionality and Availability:

Provide a fully functional platform that allows users to browse, book, and interact with artists.
Minimize downtime and address technical issues promptly.

User and Artist Support:

Offer customer support for account-related issues, bookings, payments, or disputes through designated channels.

Data Security and Privacy:

Protect personal information with strong security measures in accordance with the Privacy Policy and applicable data protection laws.

Payment Processing:

Ensure secure payment processing and provide users and artists with accurate payment confirmations.

Dispute Resolution Assistance:

Mediate disputes between users and artists to facilitate resolutions in a fair and transparent manner.

Policy Transparency:

Maintain clear, up-to-date policies that explain rights and obligations. Notify users and artists of any updates.

Quality Assurance:

Ensure that artists maintain professional standards, though Dum Dum is not responsible for the quality of services provided by artists.

13. Modification of Terms

Right to Modify: Dum Dum reserves the right to modify, amend, or revise these Terms at any time. Changes will be communicated via email or through notifications on the Platform.
User Feedback: Dum Dum encourages users to provide feedback regarding any proposed changes. User feedback will be considered but is not mandatory.

14. Annual Review

Dum Dum will conduct an annual review of the platform’s policy to ensure continued relevance and compliance. This review will involve:

Evaluation of Policy Content: Ensuring compliance with current legal requirements and best practices.
Stakeholder Feedback: Gathering input from users, artists, and other parties to identify areas for improvement.
Policy Updates: Necessary amendments to reflect changes in platform functionality or legal obligations.
Users and artists will be notified of significant updates.

15. Right to Review

Dum Dum reserves the right to review, monitor, and update user-generated content to ensure compliance with platform standards:

Content Monitoring: Periodic reviews to ensure compliance with platform policies and legal requirements.
Content Removal/Modification: Dum Dum may remove or modify content that violates guidelines, with users notified and given an opportunity to resolve issues.
User Responsibility: Users are responsible for ensuring their content complies with the platform’s guidelines.

16. Proprietary Rights

Ownership of Platform Content:

Dum Dum owns all content created for the platform, including its design, user interface, logos, and proprietary technology.

Ownership of Artist Content:

Artists retain ownership of the content they upload, granting Dum Dum a non-exclusive, worldwide, royalty-free license to use, display, and distribute their content to promote and operate the platform.

User Content:

Users retain ownership of their content, granting Dum Dum a non-exclusive, worldwide, royalty-free license to use, display, and distribute content related to platform activities.

Third-Party Content:

Dum Dum does not claim ownership of third-party content and is not responsible for ensuring users have the necessary rights for using third-party content.

Respect for Intellectual Property:

Users and artists must respect intellectual property rights. Dum Dum may take action against infringements, including content removal or account suspension.

17. Copyright

Copyright Ownership and Protection:

Dum Dum respects copyright laws and protects both user and artist content, with artists retaining ownership of their own uploads.
Dum Dum holds rights to content created and published by the platform.

Copyright Infringement Procedure:

Notification of Infringement: Users can submit a notice if their copyrighted work is infringed, with required details like the description of the work, infringing material location, and contact information.
Response to Infringement Claims: Dum Dum will review and may remove or disable access to infringing content.
Counter-Notification: Users can submit a counter-notification if content was removed by mistake.
Repeat Infringement: Accounts of users who repeatedly infringe will be terminated.
Fair Use and User Content: Dum Dum encourages users and artists to upload content they own or have permission to use.

18. Indemnity

By using the platform, users and artists agree to indemnify Dum Dum against claims or damages arising from:

User and Artist Actions: Including violations of terms, intellectual property infringements, and illegal activities.
Third-Party Claims: Disputes related to user or artist actions or content.
Platform Use: Damages resulting from service interruptions or reliance on inaccurate information.
Legal and Regulatory Compliance: Failure to comply with applicable laws and regulations.

Limitations of Liability: Dum Dum’s liability is limited to the amount paid by the user for the specific service, as permitted by law.

19. Advertisements and Brand Usage

Advertisement Placement:

Advertisements may be placed in designated areas, and must comply with laws and not interfere with the user experience.

Approval Process:

All advertisements must be approved by Dum Dum before going live.

Brand Usage:

Users and third-party advertisers must obtain written consent to use Dum Dum’s name, logo, or other assets.

Prohibited Advertisements:

Dum Dum strictly prohibits advertisements that promote illegal products, make deceptive claims, or contain harmful, offensive, or discriminatory content. This includes ads that promote hate speech, violence, or target individuals based on race, gender, sexual orientation, or religion. Additionally, sexually explicit material in advertisements is not allowed. These guidelines ensure a safe, respectful, and inclusive environment for all users and maintain the integrity of the platform.

Monitoring and Enforcement:

Dum Dum reserves the right to review and remove any advertisements that do not meet the guidelines or negatively impact the platform.

20. Arbitration Clause

In the event of a dispute, claim, or controversy, the parties agree to resolve it through binding arbitration:

Arbitration Process: Disputes will be submitted to a mutually agreed-upon arbitration body.
Location: Arbitration will take place at a location agreed upon by the parties.
Arbitration Panel: A neutral, impartial arbitrator will be selected by the parties or the arbitration body.
Costs and Fees: Parties will equally share the costs of arbitration, with each party bearing its own legal fees.
Binding Decision: The arbitrator’s decision will be final and binding.
Exclusions: Parties may still seek equitable relief in court for intellectual property issues or harm to business.

21. Governing Law

These Terms and Conditions are governed by the laws of [Jurisdiction]. Any disputes will be resolved under the exclusive jurisdiction of the courts in [Location].

22. Contact Us

For questions or concerns about these Terms and Conditions, contact us at:

Email: [Insert Contact Email]

Phone: [Insert Contact Number]