Terms and Conditions


Terms and conditions

 

These Terms govern your use of the Wasanii website (the “Website”) and any Wasanii products, services, software, data feeds and channels provided to you on or from or through the Website by Wasanii (Hereinafter referred to as ‘Wasanii’, ‘Website’, ‘Service’, ‘We’ or ‘Us’).  “Wasanii” means Wasanii Media, a company registered under the Laws of Kenya.

 

Your Legal Agreement with Wasanii is made up of (A) the terms and conditions set out in this document and (B) Wasanii’s privacy policy (http://www.wasanii.com/privacy) collectively called the “Terms”.

 

The Terms form a legally binding agreement between you and Wasanii in relation to your use of the website and related services.  By using this website, you accept these Terms          in full.

 

We Reserve the sole right at any time to modify, discontinue, or terminate any service or the website, or change, add or delete portions of these terms and conditions without notice.  We will post changes to these terms and conditions, if any to the site.  It is your responsibility to check the site periodically for changes.  Your continued use of the website and services after any changes constitutes your acceptance of the revised terms and conditions.  

 

If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Website or Service.

 

 

User Content

These Terms apply to all users including users who are content providers. “User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

As a Wasanii account holder you may submit Content. You understand that whether or not Content is published, Wasanii does not guarantee any confidentiality with respect to Content.  Users must own the copyright of all materials submitted to the Website or must be authorized to do so by the real copyright owners.  You retain all of your ownership rights to your Content, but you are required to grant limited license rights to Wasanii and other users of the Service.

 

You grant to Wasanii a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Wasanii the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Profiles created on the website must accurately reflect the content that the profile will contain.  We may remove administrative rights or require you to change the name of a profile that fails to meet this requirements

·         Must be the real name of the artist / group of artists / business / Organization or event.

·         Not include character symbols and trademark designations

·         Not mislead others into thinking it is an official Page of the profiles subject matter unless authorized by an authorized representative of the profiles subject matter.

·         Not violate someone’s rights

 

User Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Wasanii or a third party (in each case under any applicable law). 

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.  User content must not contain false, misleading, fraudulent or deceptive claims or content.  Content posted on the website are solely the writer’s opinion and not necessarily that of Wasanii.

 

Wasanii reserves the right to edit or remove any material submitted to this website, or stored on Wasanii’s servers, or hosted or published upon this website.

 

 

Wasanii Content

With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Wasanii, and is subject to copyright, trade mark rights, and other intellectual property rights of Wasanii or Wasanii's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Wasanii or, where applicable, Wasanii's licensors. Wasanii and its licensors reserve all rights not expressly granted in and to their Content.

 

 

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Wasanii’s express written consent.

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Wasanii makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, Wasanii does not warrant that:

l  this website will be constantly available, or available at all; or

l  the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. 

 

Ending Your Relationship with Wasanii.

The Terms will continue to apply until terminated by either you or Wasanii.  If you want to terminate your legal agreement with Wasanii, you may do so by either notifying Wasanii at any time and closing your Wasanii account. Your notice should be sent, in writing, to Wasanii’s Official Address.

 

Wasanii may at any time terminate its legal agreement with you if:

·         You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

·         Wasanii is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or

·         YouTube is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or

·         The provision of the Service to you by Wasanii is, in Wasanii’s opinion, no longer commercially viable

 

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Wasanii have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions contained herein shall continue to apply to such rights, obligations and liabilities indefinitely.

 

 

Limitations of liability

Wasanii will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

l  to the extent that the website is provided free-of-charge, for any direct loss;

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Wasanii has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Wasanii’s liability in respect of any:

 

l  death or personal injury caused by Wasanii’s negligence;

l  fraud or fraudulent misrepresentation on the part of Wasanii; or

l  matter which it would be illegal or unlawful for Wasanii to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

 

 

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website.

 

Other parties

You accept that, as a limited liability entity, Wasanii Media has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Wasanii’s officers or employees in respect of any losses you suffer in connection with the website.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Wasanii Media’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Wasanii.

 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify Wasanii and undertake to keep Wasanii indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Wasanii to a third party in settlement of a claim or dispute on the advice of Wasanii’s legal advisers) incurred or suffered by Wasanii arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

Breaches of these terms and conditions

Without prejudice to Wasanii’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Wasanii may take such action as Wasanii deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

 

 

 

Assignment

Wasanii may transfer, sub-contract or otherwise deal with Wasanii’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

These terms and conditions constitute the entire agreement between you and Wasanii in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Variation

Wasanii may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Kenyan Laws, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Kenya.

 

 

 

 

Date Published: 1st August 2017