ATTENTION: PLEASE READ THESE TERMS AND CONDITION FOR WEBSITE USAGE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE.
The use of this website is subject to the following terms and conditions of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- Ubuni Creative Center Limited will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Ubuni Creative Center Limited will not be liable for any damages or injury, including but not limited to, special or consequential damages, damages for business interruption, loss of business profits, loss of programs, or loss of information that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Ubuni Creative Center Limited or an authorized Ubuni Creative Center Limited representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Ubuni Creative Center Limited's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
- The information contained in this website is for general information purposes only. The information is provided by Ubuni Creative Center Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- Every effort is made to keep the website up and running smoothly. However, Ubuni Creative Center Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
- You specifically acknowledge that Ubuni Creative Center Limited shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
- Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of Ubuni Creative Center Limited. You agree not to adapt, alter or create a derivative work from any of the material contained in this site or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
- The website is controlled and offered by Ubuni Creative Center Limited from its facilities in Kenya. Ubuni Creative Center Limited makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with local law and with these Terms and Conditions.
- Where you are invited to submit any contribution to this site (including without limitation any graphics, video, audio, remarks, suggestions, ideas, graphics, or other information communicated to Ubuni Creative Center Limited through this site) you are required by such submission to grant Ubuni Creative Center Limited a perpetual, royalty-fee, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content in connection with Ubuni Creative Center Limited's businesses, including without limitation for promoting and redistributing part or all of the content in any media formats and through any media channels in perpetuity.
- Ubuni Creative Center Limited does not endorse any content submitted to the website pursuant to this competition by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Ubuni Creative Center Limited expressly disclaims any and all liability in connection with content. Ubuni Creative Center does not permit copyright infringing activities and infringement of intellectual property rights on this website, and Ubuni Creative Center Limited will remove any content if properly notified that such content infringes on another's intellectual property rights. Ubuni Creative Center Limited reserves the right to remove content without prior notice.
- To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Ubuni Creative Center Limited, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms and Conditions of Use and Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your usage or content caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions of Use and Service and your use of the website and participation in the competition.
- You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use and Service, and to abide by and comply with these Terms and Conditions of Use and Service.
- These Terms and Conditions of Use and Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ubuni Creative Center Limited without restriction.
- You agree that: (i) the website shall be deemed solely based in Nairobi, Kenya; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over Ubuni Creative Center Limited, either specific or general, in jurisdictions other than Kenya. These Terms and Conditions of Use and Service, and any other legal notices published by Ubuni Creative Center Limited on the website, shall constitute the entire agreement between you and Ubuni Creative Center Limited concerning the website and your usage of the same. If any provision of these Terms and Conditions of Use and Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use and Service, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions of Use and Service shall be deemed a further or continuing waiver of such term or any other term, and Ubuni Creative Center Limited's failure to assert any right or provision under these Terms and Conditions of Use and Service shall not constitute a waiver of such right or provision. Ubuni Creative Center Limited reserves the right to amend these Terms and Conditions of Use at any time and without notice, and it is your responsibility to review these Terms and Conditions of Use and Service for any changes. Your use of the website following any amendment of these Terms and Conditions of Use will signify your assent to and acceptance of its revised terms.
- This Agreement shall be governed by and construed in accordance with Kenyan law and the Parties submit to the exclusive jurisdiction of the courts of Kenya.