Welcome to the www.kimnet.co.ke website (the “Service”) operated by Kimnet Media (“us”, “we”, or “our”). These Terms of Use (“Terms”) govern your use of the Service, so please read them carefully.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service.
Intellectual Property
All content included on the Service, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”), is owned or licensed property of Kimnet Media or its suppliers or licensors.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the Content, in whole or in part, unless expressly authorized by us.
Use of Service
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Kimnet Media or users of the Service or expose them to liability
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation
- To impersonate or attempt to impersonate Kimnet Media, a Kimnet Media employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Kimnet Media or users of the Service or expose them to liability.
User Content
The Service may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You retain all rights in, and are solely responsible for, the User Content you create, post, or display on or through the Service.
By creating, posting, or displaying User Content on or through the Service, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media format.
Kimnet Media has the right, but not the obligation, to monitor, edit, or remove any User Content that it considers, in its sole discretion, to be objectionable or in violation of these Terms.
Limitation of Liability
The Service and all content and services provided on or through the Service are provided “as is” and “as available” for your use. Kimnet Media makes no representations or warranties of any kind, express or implied, as to the operation of the Service, the information, content, materials or products included on the Service.
In no event shall Kimnet Media be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with your use of the Service, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, whether or not such damages were foreseeable and whether or not Kimnet Media was advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless Kimnet Media and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, User Content you create, post, or display on or through the Service.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect.