TERMS AND CONDITIONS OF USE

Acceptance of  Terms Through Use

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Agreement to Rules of User Conduct

You agree to abide by iKenya.com’s Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of the Rules of Conduct, which you should review, can be found here.

Third Party Sites

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of iKenya.com, and you acknowledge that iKenya.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by iKenya.com or any association with its operators.

Proprietary Rights

You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws protect all content and materials available on this site. Except as expressly authorized by iKenya.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from iKenya.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of iKenya.com. Permission is granted only when certain limited criteria are met.

User's Grant of Limited License

By posting or submitting content to this site, you:

1. grant iKenya.com and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and

2. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by iKenya.com will not infringe or violate the rights of any third party.

Disclaimer of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IKENYA.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL IKENYA.COM, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF IKENYA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IKENYA.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by iKenya.com, you agree to defend, indemnify, and hold harmless iKenya.com  and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. iKenya.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with iKenya.com in asserting any available defenses.

International Use

iKenya.com makes no representation that materials on this site are appropriate or available for use in locations outside the Kenya, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Kenya, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in Kenya, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration 

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and iKenya.com with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and iKenya.com with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

iKenya.com Mail on the Web Registration Agreement

If  you use iKenya.com Mail on the Web, your use of iKenya.com Mail on the Web software (the "Software") constitutes your acceptance and agreement of the following: You understand and reaffirm your agreement to iKenya.com's then-current Terms of Service. You further agree and acknowledge that by using the Software to access the iKenya.com service, you will be subject to any applicable charges for the use of the iKenya.com service as set forth in the terms and conditions of the pricing plan you have chosen.

You understand that iKenya.com provides no assistance, including any technical or customer support, in the use of the Software, and that your use of the Software is at your own risk. The Software is provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.

iKenya.com is in no way liable for any claims arising from your use of the Software. As a condition of your use, you agree to indemnify iKenya.com for all claims relating to your downloading, use, reproduction of, and/or receipt or distribution of content through, the Software. IKenya.com reserves the right, in its sole discretion and at any time, to modify or discontinue the Software; limit, terminate or suspend your use of the Software; assess charges for the use of the Software in the future; and/or make changes to this Registration Agreement.

Termination

iKenya.com reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

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