DESCRIPTION OF SERVICE
Kasunie / #MachoniMwangu provides a platform via its website and social media to a community of users to view share and exhibit photographs. The images shown therein are a copyright of Kasunie / #MachoniMwangu and sole use will need permission or direct licensing by Kasunie / #MachoniMwangu. The community can share comments, opinions and ideas promoting visual content. Additional Services may be offered by us from time to time. The following are the terms of service for using the Site and the other services
ACCEPTANCE OF TERMS
MODIFICATION OF TERMS
Kasunie / #MachoniMwangu reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Kasunie / #MachoniMwangu will notify you by posting an announcement on the site. What constitutes a material change will be determined by Kasunie / #MachoniMwangu’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any visual content shall constitute your acceptance of the terms as modified
In addition, when using particular features of the Services, you shall be subject to any posted guidelines or rules applicable to such Services. Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Kasunie. Kasunie reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Visual Content at any time at its sole discretion and without prior notice.
Kasunie.com, #MachoniMwangu and other Kasunie graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks of Kasunie.com.
Kasunie’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kasunie.com. The images and hash tags available in the Kasunie.com site may used by partners and third party sites in connection with providing appropriate links to the Kasunie Site.
YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. KASUNIE.COM / MACHONIMWANGU EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KASUNIE.COM / MACHONIMWANGU DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER KASUNIE.COM / MACHONIMWANGU NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES.
KASUNIE.COM / MACHONIMWANGU SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, KASUNIE.COM / MACHONIMWANGU’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO 100 KENYA SHILLINGS ONLY.
These Terms constitute the entire understanding of all the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.