WEBSITE TERMS OF USE
The swahili bangtan website located at httsp://swahilisbangtan.blogspot.com
is a copyrighted work belonging to swahili bangtan. Certain features of
the Site may be subject to additional guidelines, terms, or rules, which will
be posted on the Site in connection with such features.
All such additional terms, guidelines, and
rules are incorporated by reference into these Terms.
These Terms of Use described the legally
binding terms and conditions that oversee your use of the Site. BY LOGGING INTO
THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you
have the authority and capacity to enter into these Terms. YOU SHOULD BE AT
LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE
PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
ACCESS TO THE SITE
Subject to these Terms. Company grants you
a non-transferable, non-exclusive, revocable, limited license to access the
Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved
to you in these Terms are subject to the following restrictions: (a) you shall
not sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Site; (b) you shall not change, make derivative works
of, disassemble, reverse compile or reverse engineer any part of the Site; (c)
you shall not access the Site in order to build a similar or competitive
website; and (d) except as expressly stated herein, no part of the Site may be
copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means unless otherwise indicated, any future
release, update, or other addition to functionality of the Site shall be
subject to these Terms. All copyright
and other proprietary notices on the Site must be retained on all copies
thereof.
Company reserves the right to change,
suspend, or cease the Site with or without notice to you. You approved that Company will not be held
liable to you or any third-party for any change, interruption, or termination
of the Site or any part.
No Support or Maintenance. You agree that
Company will have no obligation to provide you with any support in connection
with the Site.
Excluding any User Content that you may
provide, you are aware that all the intellectual property rights, including
copyrights, patents, trademarks, and trade secrets, in the Site and its content
are owned by Company or Company's suppliers. Note that these Terms and access
to the Site do not give you any rights, title or interest in or to any
intellectual property rights, except for the limited access rights expressed in
Section 2.1. Company and its suppliers reserve all rights not granted in these
Terms.
USER CONTENT
User Content. "User Content"
means any and all information and content that a user submits to the Site. You
are exclusively responsible for your User Content. You bear all risks
associated with use of your User Content.
You hereby certify that your User Content does not violate our
Acceptable Use Policy. You may not
represent or imply to others that your User Content is in any way provided, sponsored
or endorsed by Company. Because you alone are responsible for your User
Content, you may expose yourself to liability. Company is not obliged to backup
any User Content that you post; also, your User Content may be deleted at any
time without prior notice to you. You are solely responsible for making your
own backup copies of your User Content if you desire.
You hereby grant to Company an
irreversible, nonexclusive, royalty-free and fully paid, worldwide license to
reproduce, distribute, publicly display and perform, prepare derivative works
of, incorporate into other works, and otherwise use and exploit your User
Content, and to grant sublicenses of the foregoing rights, solely for the
purposes of including your User Content in the Site. You hereby irreversibly waive any claims and
assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms
constitute our "Acceptable Use Policy": You agree not to use the Site
to collect, upload, transmit, display, or distribute any User Content (i) that
violates any third-party right or any intellectual property or proprietary
right; (ii) that is unlawful, harassing, abusive, tortious, threatening,
harmful, invasive of another's privacy, vulgar, defamatory, false,
intentionally misleading, trade libelous, pornographic, obscene, patently
offensive, promotes racism, bigotry, hatred, or physical harm of any kind
against any group or individual; (iii) that is harmful to minors in any way; or
(iv) that is in violation of any law, regulation, or obligations or
restrictions imposed by any third party.
In addition, you agree not to: (i) upload,
transmit, or distribute to or through the Site any software intended to damage
or alter a computer system or data; (ii) send through the Site unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of duplicative or unsolicited
messages; (iii) use the Site to harvest, collect, gather or assemble
information or data regarding other users without their consent; (iv) interfere
with, disrupt, or create an undue burden on servers or networks connected to
the Site, or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to the Site, whether through password
mining or any other means; (vi) harass or interfere with any other user's use
and enjoyment of the Site; or (vi) use software or automated agents or scripts
to produce multiple accounts on the Site, or to generate automated searches,
requests, or queries to the Site.
We reserve the right to review any User
Content, and to investigate and/or take appropriate action against you in our
sole discretion if you violate the Acceptable Use Policy or any other provision
of these Terms or otherwise create liability for us or any other person. Such
action may include removing or modifying your User Content, terminating your
Account in accordance with Section 8, and/or reporting you to law enforcement
authorities.
If you provide Company with any feedback or
suggestions regarding the Site, you hereby assign to Company all rights in such
Feedback and agree that Company shall have the right to use and fully exploit
such Feedback and related information in any manner it believes
appropriate. Company will treat any
Feedback you provide to Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and
its officers, employees, and agents harmless, including costs and attorneys'
fees, from any claim or demand made by any third-party due to or arising out of
(a) your use of the Site, (b) your violation of these Terms, (c) your violation
of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the
exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without
the prior written consent of Company.
Company will use reasonable efforts to notify you of any such claim,
action or proceeding upon becoming aware of it.
THIRD-PARTY LINKS & ADS; OTHER USERS
Third-Party Links & Ads. The Site may
contain links to third-party websites and services, and/or display
advertisements for third-parties. Such
Third-Party Links & Ads are not under the control of Company, and Company
is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party
Links & Ads only as a convenience to you, and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to
Third-Party Links & Ads. You use all
Third-Party Links & Ads at your own risk, and should apply a suitable level
of caution and discretion in doing so. When you click on any of the Third-Party
Links & Ads, the applicable third party's terms and policies apply,
including the third party's privacy and data gathering practices.
Other Users. Each Site user is solely
responsible for any and all of its own User Content. Because we do not control User Content, you
acknowledge and agree that we are not responsible for any User Content, whether
provided by you or by others. You agree
that Company will not be responsible for any loss or damage incurred as the
result of any such interactions. If
there is a dispute between you and any Site user, we are under no obligation to
become involved.
You hereby release and forever discharge
the Company and our officers, employees, agents, successors, and assigns from,
and hereby waive and relinquish, each and every past, present and future
dispute, claim, controversy, demand, right, obligation, liability, action and
cause of action of every kind and nature, that has arisen or arises directly or
indirectly out of, or that relates directly or indirectly to, the Site. If you
are a California resident, you hereby waive California civil code section 1542
in connection with the foregoing, which states: "a general release does
not extend to claims which the creditor does not know or suspect to exist in
his or her favor at the time of executing the release, which if known by him or
her must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other
website, swahili bangtan uses ‘cookies'. These cookies are used to store
information including visitors' preferences, and the pages on the website that
the visitor accessed or visited. The information is used to optimize the users'
experience by customizing our web page content based on visitors' browser type
and/or other information.
Google DoubleClick DART Cookie. Google is
one of a third-party vendor on our site. It also uses cookies, known as DART
cookies, to serve ads to our site visitors based upon their visit to
www.website.com and other sites on the internet. However, visitors may choose
to decline the use of DART cookies by visiting the Google ad and content
network Privacy Policy at the following URL –
https://policies.google.com/technologies/ads
Our Advertising Partners. Some of
advertisers on our site may use cookies and web beacons. Our advertising
partners are listed below. Each of our advertising partners has their own
Privacy Policy for their policies on user data. For easier access, we hyperlinked
to their Privacy Policies below.
Google
https://policies.google.com/technologies/ads
DISCLAIMERS
The site is provided on an
"as-is" and "as available" basis, and company and our
suppliers expressly disclaim any and all warranties and conditions of any kind,
whether express, implied, or statutory, including all warranties or conditions
of merchantability, fitness for a particular purpose, title, quiet enjoyment,
accuracy, or non-infringement. We and
our suppliers make not guarantee that the site will meet your requirements,
will be available on an uninterrupted, timely, secure, or error-free basis, or will
be accurate, reliable, free of viruses or other harmful code, complete, legal,
or safe. If applicable law requires any
warranties with respect to the site, all such warranties are limited in
duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the
exclusion of implied warranties, so the above exclusion may not apply to
you. Some jurisdictions do not allow
limitations on how long an implied warranty lasts, so the above limitation may
not apply to you.
LIMITATION ON LIABILITY
To the maximum extent permitted by law, in
no event shall company or our suppliers be liable to you or any third-party for
any lost profits, lost data, costs of procurement of substitute products, or
any indirect, consequential, exemplary, incidental, special or punitive damages
arising from or relating to these terms or your use of, or incapability to use
the site even if company has been advised of the possibility of such
damages. Access to and use of the site
is at your own discretion and risk, and you will be solely responsible for any
damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law,
notwithstanding anything to the contrary contained herein, our liability to you
for any damages arising from or related to this agreement, will at all times be
limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more
than one claim will not enlarge this limit.
You agree that our suppliers will have no liability of any kind arising
from or relating to this agreement.
Some jurisdictions do not allow the
limitation or exclusion of liability for incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this
Section, these Terms will remain in full force and effect while you use the
Site. We may suspend or terminate your
rights to use the Site at any time for any reason at our sole discretion,
including for any use of the Site in violation of these Terms. Upon termination of your rights under these
Terms, your Account and right to access and use the Site will terminate
immediately. You understand that any
termination of your Account may involve deletion of your User Content
associated with your Account from our live databases. Company will not have any liability
whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are
terminated, the following provisions of these Terms will remain in effect:
Sections 2 through 2.5, Section 3 and Sections 4 through 10.
COPYRIGHT POLICY.
Company respects the intellectual property
of others and asks that users of our Site do the same. In connection with our Site, we have adopted
and implemented a policy respecting copyright law that provides for the removal
of any infringing materials and for the termination of users of our online Site
who are repeated infringers of intellectual property rights, including
copyrights. If you believe that one of
our users is, through the use of our Site, unlawfully infringing the
copyright(s) in a work, and wish to have the allegedly infringing material
removed, the following information in the form of a written notification
(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright
Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
a statement that you have a good faith
belief that use of the objectionable material is not authorized by the
copyright owner, its agent, or under the law; and
a statement that the information in the
notification is accurate, and under penalty of perjury, that you are either the
owner of the copyright that has allegedly been infringed or that you are
authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. §
512(f), any misrepresentation of material fact in a written notification
automatically subjects the complaining party to liability for any damages,
costs and attorney's fees incurred by us in connection with the written
notification and allegation of copyright infringement.
GENERAL
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All
claims and disputes in connection with the Terms or the use of any product or
service provided by the Company that cannot be resolved informally or in small
claims court shall be resolved by binding arbitration on an individual basis
under the terms of this Arbitration Agreement.
Unless otherwise agreed to, all arbitration proceedings shall be held in
English. This Arbitration Agreement
applies to you and the Company, and to any subsidiaries, affiliates, agents,
employees, predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or goods provided
under the Terms.
Notice Requirement and Informal Dispute
Resolution. Before either party may seek arbitration, the party must first send
to the other party a written Notice of Dispute describing the nature and basis
of the claim or dispute, and the requested relief. A Notice to the Company should be sent to:
Nairobi, Kenya. After the Notice is received, you and the Company may attempt
to resolve the claim or dispute informally.
If you and the Company do not resolve the claim or dispute within thirty
(30) days after the Notice is received, either party may begin an arbitration
proceeding. The amount of any settlement
offer made by any party may not be disclosed to the arbitrator until after the
arbitrator has determined the amount of the award to which either party is
entitled.
Electronic Communications. The
communications between you and Company use electronic means, whether you use
the Site or send us emails, or whether Company posts notices on the Site or
communicates with you via email. For contractual purposes, you (a) consent to
receive communications from Company in an electronic form; and (b) agree that
all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any legal
obligation that such communications would satisfy if it were be in a hard copy
writing.
Entire Terms. These Terms constitute the
entire agreement between you and us regarding the use of the Site. Our failure
to exercise or enforce any right or provision of these Terms shall not operate
as a waiver of such right or provision. The section titles in these Terms are
for convenience only and have no legal or contractual effect. The word
"including" means "including without limitation". If any
provision of these Terms is held to be invalid or unenforceable, the other
provisions of these Terms will be unimpaired and the invalid or unenforceable
provision will be deemed modified so that it is valid and enforceable to the
maximum extent permitted by law. Your
relationship to Company is that of an independent contractor, and neither party
is an agent or partner of the other.
These Terms, and your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by you without
Company's prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and
void. Company may freely assign these
Terms. The terms and conditions set
forth in these Terms shall be binding upon assignees.
Your Privacy. Please read our Privacy
Policy PrivacyPolicy
Copyright/Trademark Information. Copyright
©. All rights reserved. All trademarks,
logos and service marks displayed on the Site are our property or the property
of other third-parties. You are not permitted to use these Marks without our
prior written consent or the consent of such third party which may own the
Marks.
CONTACT INFORMATION
Address: Nairobi, Kenya
Email: swahilibangtan@gmail.com
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