Terms & Conditions
The Kalonzo Musyoka Foundation (the “KMF”) is pleased to
provide this website, both produced and compiled by the Foundation to
provide the public with information regarding the work of the KMF.. The
following describes the terms (the “Terms”) that govern your use of the
KMF Site, and the services and goods provided through the KMF Site. Your
use of the KMF Site constitutes your agreement to all of the Terms. If
you do not agree with any of the Terms, you may not use the KMF Site.
The term “materials” includes all or any information, artwork, text,
video, audio, and animation or image files.
1. Use of the Kalonzo Musyoka Foundation Site
(a) Modification
The KMF reserves the right to change or modify the terms,
conditions, and notices under which you may use the KMF Site. The KMF
will post all changes or modifications to these Terms on the KMF Site.
Each use of the KMF Site will constitute your acceptance of the Terms
posted on the KMF Site at that time.
(b) Prohibited Use
You may not use the KMF Site in any manner, which is contrary to
applicable local, national, international and foreign laws or
regulations governing your use of the KMF Site. Specifically, the KMF
site is both owned and operated from the Republic of Kenya. As a
result, the laws of the Republic of Kenya govern these terms and
conditions and you consent to the jurisdiction of the Kenyan High
Court in the event of unlawful use or dispute. It is solely your
responsibility to determine whether your use of the KMF Site is
lawful. You may not use the KMF Site in any manner, which could
damage, disable, overburden or impair the KMF Site or interfere with
any other party’s use and enjoyment of the KMF Site.
(c) Content
The information and materials contained at the KMF Site,
including the text, images, arrangement, and general design
(collectively, the “Content”) are owned or licensed by the KMF. You
are authorized to view or download the Content solely for your
personal, educational, non-commercial use provided you retain all
proprietary notices contained in the Content. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any Content.
Reproduction of the Content except as specifically provided
in this paragraph is prohibited without the express written
authorization of the KMF or the copyright owner. Any publication or
commercial use of the Content is strictly prohibited. Copying,
redistribution or exploitation of the Content for personal or
corporate gain is not permitted.
2. Disclaimer
The KMF site and the Content are provided on an ‘as is, where
is’ basis. The KMF disclaims all conditions, terms, representations
and warranties, express or implied, statutory or otherwise, including
but not limited to, implied warranties of merchantability, quality,
fitness for a particular purpose, title and non-infringement, with
respect to any of the Content.
The KMF does not warrant that the KMF site and the Content
are free from errors or other program limitations or that the KMF site
and Content will be accessible and perform in accordance with your
expectations. This disclaimer shall apply to all damages or injuries
incurred from, or related to your use of the KMF site including but
not limited to failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus
or communication line failure.
Except as otherwise specifically provided herein, the KMF
further does not warrant, guarantee, or make any representations (I)
regarding the goods or services provided through the KMF site (the
‘products’), (II) regarding the use of the products, (III) that the
products will perform in accordance with your expectations, or (IV)
that any defects in the products will be corrected.
3. Privacy
The KMF is committed to protecting the privacy of its online
guests and customers. We only collect personally identifiable
information that you provide or that is otherwise provided to us on
your behalf. Unless we advise otherwise, your information will only be
used for the purpose for which it was provided or to contact you.
4. Limitation of Liability
The express warranties in these terms are in lieu of all
other warranties, conditions, terms, representations and obligations
of the parties to these terms.
The KMF will not be liable to you or any other person for any
damages (direct, indirect, general, special, consequential, or
otherwise), expenses, loss of profits, loss of earnings, loss of
business opportunities, loss of data or other loss, arising directly
or indirectly out of or in connection with the provision, use or
failure of the KMF site, and/or the content, whether negligent or
otherwise, and which would otherwise give rise to a cause of action in
contract, tort, or any other doctrine of law.
5. Indemnity
You agree to indemnify, defend and hold harmless the KMF and
its respective agents, directors, officers, employees and licensors,
and all other related, associated, or connected persons (collectively,
the “Indemnified Parties") from and against any and all liabilities,
expenses and costs, including without limitation reasonable legal fees
and expenses, incurred by the Indemnified Parties in connection with
any claim or demand arising out of, related to, or connected with the
use of the KMF Site by you or your breach of this agreement. You will
assist and co-operate as fully as reasonably required by the
Indemnified Parties in the defence of any such claim or demand.
6. Links
Links to external web sites (the “Linked Sites”) are provided
only as a convenience and do not constitute an endorsement by the KMF
of the owners or operators of the Linked Sites, an endorsement of the
content, products, advertising or other materials contained in the
Linked Sites, or any association between the KMF and the Linked Sites.
The KMF is not in control of any of the Linked Sites and is not
responsible for the contents of the Linked Sites, including without
limitation any link contained in the Linked Sites or any changes or
updates to the Linked Sites.
7. Copyright
(a) General Copyright
The KMF website comprises and contains copyrighted works.
Copyright in such works remains with The Kalonzo Musyoka Foundation
and other copyright owners. The works are protected by copyright law,
and the regulations thereunder, and by similar laws in other
countries.
Information on this website has been posted with the intent
that it be readily available for private enjoyment or study only.
Downloaded material must not be modified, must retain any associated
copyright or other proprietary notices, and must acknowledge the
source of the material. The source citations should include the URL http://www.kalonzomusyokafoundation.org.
Users must adhere to any additional terms and restrictions that may
appear on individual pages of the website.
All other uses are prohibited without the express written
authorization of the KMF or the copyright owner, including:
- reproduction of any kind in any medium;
- redistribution in any manner for commercial use, including
commercial publication, or for personal gain;
- storage in any medium including extraction into any other
database, computer program or website;
- rental, leasing, or lending; and
- extraction, manipulation or alteration in any respect.
Anyone wishing to use the materials from this website for
these or other purposes must obtain prior written approval from the
KMF. Permission for such use is granted on a case-by-case basis and at
the sole discretion of the KMF.
For information on and permission to use KMF website images,
including licensing requests, and other KMF media such as film or
video, please contact us.
(b) Third Party Materials
The KMF has taken all reasonable efforts to ensure that
materials, for which copyright belongs to others, are reproduced on
the KMF’s website with the full consent of the copyright owners. The
KMF does not warrant that the use of materials displayed in the
website will not infringe the rights of third parties. Such works may
not be used in any form; they may not be copied or downloaded without
prior permission from the third party.
8. Miscellaneous
(a) Marks
The Kalonzo Musyoka Foundation and the KMF logo (collectively
the “Marks”) appearing on the KMF Site are registered trademarks,
trademarks or service marks of the Kalonzo Musyoka Foundation. The use
of the Marks is strictly prohibited without the prior written consent
from the KMF. All other trademarks, product names and company names
or logos cited herein are the property of their respective owners.
Nothing appearing on the KMF Site or elsewhere will be
construed as granting, by implication, estoppel, or otherwise, any
license or right to use any Marks displayed on the KMF Site.
(b) Survival
The disclaimer, limitation of liability and indemnity
provisions in these Terms will survive indefinitely after the
termination of these Terms.
(c) Severability
If any provision of these Terms are invalid or unenforceable
under applicable law, then it will be, to that extent, deemed omitted
and the remaining provisions will continue in full force and effect.
(d) Entire Terms
Unless specifically provided herein, these Terms constitute
the entire agreement between you and the KMF with respect to your use
of the KMF Site. These Terms will supersede all prior agreements,
understanding, negotiations and discussions, either oral or written
between the parties. There are no representations, warranties,
conditions or other agreements, express or implied, statutory or
otherwise, between the parties in connection with the use of the KMF
Site except as specifically set forth herein.
(e) Termination
These Terms will automatically terminate if you are in breach
of any of the provisions contained herein. The KMF reserves the
right, in its sole discretion, to suspend or terminate your access to
the KMF Site and the related services or any portion thereof at any
time, without notice. Upon any such termination, you may no longer
access and/or use the KMF Site.
The KMF may, in its sole discretion, change, suspend or
terminate, temporarily or permanently, the KMF Site or any part of it
or any of its features at any time, for any reason, without any notice
or liability to you or any other person.
If these Terms or your permission to use the KMF Site is
terminated by you or the KMF for any reason, these Terms will
nevertheless continue to apply and be binding upon you in respect of
your prior use of the KMF Site and your purchases of goods and
services through the KMF Site and anything connected with, relating to
or arising from those matters.