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Terms of Use

1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content and functionality available through the website, the property.nation.co.ke ( this website), you signify your agreement to
(i) Comply unconditionally with these terms and conditions (the "Terms of Service"),
(ii) Abide by  this website’s regulations,
Terms and conditions as mentioned below and incorporated here by reference. By using this site, you are deemed to have agreed to all the Regulations, terms and conditions mentioned here.

B. Although we may attempt to notify you when major changes are made to these Terms and conditions, you should periodically review the most up-to-date version. The website may, in its sole discretion and without prior notice to you, modify or revise these Terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Regulations shall be deemed to confer any third-party rights or benefits.

2. The Website

A. These Terms of Service apply to all users of the Website, including users who are also contributors of causes, badges and comments and other information, and other materials or services on the Website. The Website includes all aspects of the site, including but not limited to all products, software and services offered and other applications.

B. By using the Website, you expressly relieve the website from any and all liability arising from your use of any third-party website.

3. Accounts

A. In order to access some features of the Website, you will have to create an account. You must never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the website immediately of any breach of security or unauthorized use of your account.

B. Although the Website will not be responsible for your losses caused by any unauthorized use of your account, you may be responsible for the losses of the Website or others due to such unauthorized use.

4. General Use of the Website--Permissions and Restrictions

The Website hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without prior written authorization of the website’s owner.

B. You agree not to alter or modify any part of the Website, or any of its related technologies.

C. You agree not to use the Website, for any commercial use, without the prior written authorization of the website.

D.    In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.

E. The website reserves the right to discontinue any aspect of the Website at any time.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Website and its features.

A. The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, etc ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the website’s owner, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the owners.

B. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

D. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that the website owner is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such information from third parties. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the website with respect thereto, and agree to indemnify and hold the website and its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Submissions and Conduct

A. As an account holder on the website you may submit content. You understand that whether or not such content are published, the website does not guarantee any confidentiality.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Website to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your Submissions. However, by submitting User Submissions to the website, you hereby grant the website a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your content from the Website. You understand and agree, however, that the Website may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.

D. In connection with User Submissions, you further agree that you will not submit material that is subject to copyright, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the website all of the license rights granted herein.

E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Website’s regulations and Guidelines which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F. The website will not permit copyright infringing activities and infringement of intellectual property rights on its Website, and will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on the intellectual property rights of another person. The website reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

A. The website will terminate a User's access to its Website if, under appropriate circumstances, the User is determined to be a frequent infringer.

B. The website reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The website may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Warranty Disclaimer

A. You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, the website owner, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. The website owner makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our website, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
(v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.

B. The Website owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and the website owner will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate

9. Limitation of Liability

A. In no event shall the website owner , its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
(i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or
(v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction

B. You specifically acknowledge that the website owner shall not be liable for user submissions 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.

C. The Website is controlled and offered by the website owner from its facilities in Kenya. The website owner 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.

10. Indemnity

A. You agree to defend, indemnify and hold harmless  the Website owner, 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 attorney's fees) arising from:
(i) your use of and access to the Website;
(ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

11. Ability to Accept Terms of Service

A. You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Website is not intended for individuals under 18. If you are under 18 years of age, then please do not use the Website.

12. Assignment

A. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by  the website owner without restriction.

13. General

A. 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 the website owner, either specific or general, in jurisdictions other than Nairobi.
These Terms of Service shall be governed by the laws of The Republic of Kenya. Any claim or dispute between you and website owner that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Nairobi, Kenya. B. These Terms of Service, and any other legal notices published by Website owner on the Website, shall constitute the entire agreement between you and the Website. If any provision of these Terms of 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 of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Website owner failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The website reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

 

 

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