KEKNEEJERK NEWS AND OPINION BLOG TERMS AND CONDITIONS
Introduction
These terms and conditions govern your use of this
website; by using the KEKneejerk News and opinion Blog, you accept these terms
and conditions in full. If you disagree
with these terms and conditions or any part of these terms and conditions, you
must not use this website.
You must be at least 16 years of age to use this
website. By using this website [and by
agreeing to these terms and conditions you warrant and represent that you are
at least 16 years of age.
License to use website
Unless otherwise stated, KEKneejerk and/or its
licensors own the intellectual property rights in the website and material on
the website. Subject to the license
below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print
pages from the website for your own personal use, subject to the restrictions
set out below and elsewhere in these terms and conditions.
You must not:
·
republish
material from this website (including republication on another website);
·
sell,
rent or sub-license material from the website;
·
show
any material from the website in public;
·
reproduce,
duplicate, copy or otherwise exploit material on this website for a commercial
purpose;
·
edit
or otherwise modify any material on the website; or]
·
redistribute
material from this website [except for content specifically and expressly made
available for redistribution
Where content is specifically made available for
redistribution, it may only be redistributed [within your organisation.
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 KEKneejerk’s
express written consent.
You must not use this website to transmit or send
unsolicited commercial communications.
You must not use this website for any purposes related
to marketing without KEKneejerk express written consent.
Restricted access
Access to certain areas of this website is restricted –
KEKneejerk reserves the right to restrict access to other areas of this
website, or indeed this entire website, at KEKneejerk’s discretion.
If KEKneejerk provides you with a user ID and password
to enable you to access restricted areas of this website or other content or
services, you must ensure that the user ID and password are kept
confidential.
KEKneejerk may disable your user ID and password in KEKneejerk
sole discretion without notice or explanation.
User content
In these terms and conditions, “your 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.
You grant to KEKneejerk 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 KEKneejerk the right to
sub-license these rights, and the right to bring an action for infringement of
these rights.
Your 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 KEKneejerk 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.
KEKneejerk reserves the right to edit or remove any
material submitted to this website, or stored on KEKneejerk servers, or hosted
or published upon this website.
Notwithstanding KEKneejerk rights under these terms
and conditions in relation to user content, KEKneejerk does not undertake to
monitor the submission of such content to, or the publication of such content on,
this website.
No warranties
This website is provided “as is” without any
representations or warranties, express or implied. KEKneejerk 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, KEKneejerk 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. If you require
advice in relation to any [legal, financial or medical] matter you should consult
an appropriate professional.
Limitations of liability
KEKneejerk 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 KEKneejerk
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 KEKneejerk’s
liability in respect of any:
l death or personal injury caused by KEKneejerk’s
negligence;
l fraud or fraudulent misrepresentation on
the part of KEKneejerk; or
l matter which it would be illegal or
unlawful for KEKneejerk 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, KEKneejerk has an
interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim
personally against KEKneejerk 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 KEKneejerk’s officers, employees, agents, subsidiaries,
successors, assigns and sub-contractors as well as KEKneejerk.
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 KEKneejerk and undertake to keep KEKneejerk
indemnified against any losses, damages, costs, liabilities and expenses
(including without limitation legal expenses and any amounts paid by KEKneejerk
to a third party in settlement of a claim or dispute on the advice of KEKneejerk
legal advisers) incurred or suffered by KEKneejerk 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 KEKneejerk other rights under
these terms and conditions, if you breach these terms and conditions in any
way, KEKneejerk may take such action as KEKneejerk 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.
Variation
KEKneejerk 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.
Assignment
KEKneejerk may transfer, sub-contract or otherwise
deal with KEKneejerk 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, together with other
documents constitute the entire agreement between you and KEKneejerk in
relation to your use of this website, and supersede all previous agreements in
respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and
construed in accordance with Laws of Kenya, and any disputes relating to these
terms and conditions will be subject to the [non-]exclusive jurisdiction of the
courts of Kenya.
CONTACTS
Email: nyona14@gmail.com
Address: 10093-00400,
Nairobi, Kenya.
Credit
This document was created using a
Contractology template available at http://www.freenetlaw.com.
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