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Sobbayi Interactive and its affiliates ("Sobbayi Interactive" or "we") provides
its content on this Web site (the "Site") subject to the following terms and conditions
(the "Terms"). We may periodically change the Terms, so please check back from time to time.
These Terms were last updated on October 30, 2004. By accessing and using this Site, you agree
to these Terms. For an explanation of Sobbayi Interactive's practices and policies related to
the collection, use, and storage of our users' information, please read our Privacy Policy.
1. Copyrights
All content and functionality on the Site, including text, graphics,
logos, icons, and images and the selection and arrangement thereof, is the
exclusive property of Sobbayi Interactive or its licensors and is protected by international
copyright laws. All rights not expressly granted are reserved.
2. Trademarks
The trademarks, service marks, designs, and logos (collectively, the
"Trademarks") displayed on the Site are the unregistered Trademarks of Sobbayi Interactive
and its licensors. You agree that you will not refer to or attribute any information to
Sobbayi Interactive or its licensors in any public medium (e.g., press release, Web sites)
for advertising or promotion purposes, or for the purpose of informing or influencing any
third party and that you will not use or reproduce any Trademark of, or imply any endorsement
by or relationship with, Sobbayi Interactive or its licensors.
3. Use of Site Content
Sobbayi Interactive hereby grants you a non-exclusive, non-transferable
license for the term hereof to access and download, display, and print one copy of
the content and functionality displayed on the Site (the "Site Content") on any single
computer solely for your internal, business use, provided that you do not modify the
Site Content in any way and that you retain all copyright and other proprietary notices
displayed on the Site Content. You may not otherwise reproduce, modify, distribute,
transmit, post, or disclose the Site Content without Sobbayi Interactive's prior written consent.
4. User Postings
You acknowledge and agree that Sobbayi Interactive shall own and have the
unrestricted right to use, publish, and otherwise exploit any and all information
that you post or otherwise publish on the Site in postings, survey responses, and
otherwise, and you hereby waive any claims against Sobbayi Interactive for any
alleged or actual infringements of any rights of privacy or publicity, moral rights,
or rights of attribution in connection with Sobbayi Interactive's use and publication
of such submissions. You covenant that you shall not post or otherwise publish on the
Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b)
would constitute, or that encourage conduct that would constitute, a criminal offense,
give rise to civil liability, or otherwise violate law; (c) infringe the intellectual
property, privacy, or other rights of any third parties; (d) contain a computer virus or
other destructive element; (e) contain advertising; or (f) constitute or contain false or
misleading statements. Sobbayi Interactive does not and cannot review all information
posted to the Site by users and is not responsible for such information. However, Sobbayi
Interactive reserves the right to refuse to post and the right to remove any information,
in whole or in part, for any reason or for no reason.
5. Notices of Infringement and Takedown by Sobbayi Interactive
Sobbayi Interactive prohibits the posting of any information that infringes or
violates the copyright rights and/or other intellectual property rights (including
rights of privacy and publicity) of any person or entity. If you believe that
your intellectual property right (or such a right that you are responsible for
enforcing) is infringed by any content on the Site, please write to Sobbayi
Interactive at the address shown below, giving a written statement that contains:
(a) identification of the copyrighted work and/or intellectual property right
claimed to have been infringed; (b) identification of the allegedly infringing
material on the Site that is requested to be removed; (c) your name, address,
and daytime telephone number, and an e-mail address if available; (d) a statement
that you have a good faith belief that the use of the copyrighted work and/or exercise
of the intellectual property right is not authorized by the owner, its agent, or
the law; (e) a statement that the information in the notification is accurate, and,
under penalty of perjury, that the signatory is authorized to act on behalf of the
owner of the right that is allegedly infringed; and (f) the signature of the intellectual
property right owner or someone authorized on the owner's behalf to assert infringement
of the right. Sobbayi Interactive will remove any posted submission that infringes
the copyright or other intellectual property right of any person under International
Law. Under appropriate circumstances, persons who repeatedly submit infringing or
unlawful material will be prohibited from posting further submissions. Sobbayi
Interactive's contact for submission of notices under this is: Legal Department,
Sobbayi Interactive, P. O. Box 51420 00200 Nairobi, Kenya.
6. Disclaimers
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING
THAT SOBBAYI INTERACTIVE IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE
AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOBBAYI INTERACTIVE AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT.
SOBBAYI INTERACTIVE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION
PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE
SITE, OR PROVIDED BY THIRD PARTIES. NEITHER SOBBAYI INTERACTIVE NOR ITS THIRD-PARTY
CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
7. Third-Party Web Sites
We may provide links to third-party Web sites, and some of the content appearing
to be on this Site is in fact supplied by third parties, for example, in instances
of framing of third-party Web sites or incorporation through framesets of content
supplied by third-party servers. Sobbayi Interactive has no responsibility for these
third-party Web sites, which are governed by the Terms of Use and privacy policies,
if any, of the applicable third-party content providers.
8. Governing Law; Jurisdiction
These Terms are governed by International Law.
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