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Saturday, 13 May 2017 12:09

Terms of Use

Afroway Terms Of Use

Effective and Last Updated: January 1, 2016

Please Read Carefully Before Using This Site:

Afroway Group runs this Website for information and communication

TERMS OF USE

The following terms and conditions govern all use of the Afro-Way.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by The AfroWay Group (hereinafter referred as AfroWay). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, The AfroWay’s Privacy Policy) and procedures that may be published from time to time on this Site by AfroWay (collectively, the "Agreement").

Kindly find it worth reading this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by AfroWay, acceptance is expressly limited to these terms.

1.    THE USE OF THE WEBSITE AND/OR ACCOUNT

You hereby duly confirm that any action or inaction effected by you or any other person who acts under your express or implied directions, and that the same ends up violating our policies and/or those of a third party who is in partnership and/or not in partnership with AfroWay will automatically make you liable under the respective Municipal and International Policies and/or Laws concerning the said offence or breach.

2.    RESPONSIBILITY ON CONTRIBUTION

As a passive and/or active user of AfroWay you affirm that you will utilise the AfroWay website and other related businesses bona fide, and that any act or omission that is likely or will ultimately lead to AfroWay facing whatsoever form of liability through Court Action, Alternative Dispute Resolution mechanism or that which may be, AfroWay will automatically refer to you the same or either by through joining you to that matter for total liability.

.    Any content proffered during competitions should be your own content, and if it does no belong to you, you need to inform AfroWay forthwith;

.    The aforementioned will not render the content acceptable until that moment AfroWay communicates with the owner of the moral rights of that given content, and that s/he or as juridical person does espouse on the fact that such authority was proffered to you;

.    AfroWay website domain or subdomains are not to be utilised in such a way that the same will offend the policies of Search Engines such as Google, Yahoo, Bing, Alexia et al. 

.    AfroWay has a high regard on Intellectual Property; hence, by virtue of effecting you activities via AfroWay rostrum you are required to observe the same to the latter without whatsoever exception unless otherwise; thus, where the Municipal law and other International Laws proffers for such room.

3.    INTELLECTUAL PROPERTY AND SCOPE OF USE

The Intellectual Property Rights (including copyright and database rights) in the material, information and computer files on this site are owned by or are licensed to AfroWay. The following terms apply to your usage of this site: 

.    You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or use content contained in this website except for your personal or non-commercial use without the prior written consent of AfroWay.

.    You may not remove any product identification, copyright notices or other notices from the materials or any copies of the materials which you may have made for your own personal use.

.    To use content from this site upon receipt of a written consent you have to leave all the copyright notices, including copyright management information, or other proprietary notices intact.

Irrespective of copyrights having been given much weight, it is clear that Intellectual Property Rights is inclusive of Patents, Trademarks, Designs, Symbols and anything else defined as Intellectual Property as per the laws of Kenya, African Regional Intellectual Property laws and/or World Intellectual Property Organisation regulations, policies and/or texts. Therefore, violation of the aforementioned will attract legal action against the violating party.

4.    JURISDICTION

In the event of any legal disputes, the same will only be handled at Milimani High Courts, Nairobi, Kenya whilst in the event of Alternative Dispute Resolution the same will be addressed effectively within Nairobi, Kenya.

The applicable laws will be of The Republic of Kenya and other Regional, International Legal Instruments that are applicable for purposes of effecting a sound solution.

5.    INDEMNITY

You agree to indemnify us and keep us fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of our site, or streaming services and player or players the contents of either or any services offered by us, or arising from any breach or suspected breach of these Terms by you or your violation of any law or third party rights.

6.    SEVERABILITY

A.    If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason, such provision shall be ineffective to the extent of the courts finding without affecting the validity and enforceability of any remaining provisions.

B.    Any failure by us to enforce any of these Terms does not give rise to any claim or right of action by any person and shall not be deemed to be a waiver of our rights in relation to the same.

7.    CHANGES TO TERMS

AfroWay reserves the right to withdraw, modify or change all or any part of this site: that is the content therein and its overall design structure. You can only use content from this site for lawful purposes. Continued use of this site after any modification, one will be deemed to have accepted the aforementioned changes. For licensing reasons our player or video content is only applicable for non-commercial use or personal use from your computer or any internet-enabled device.

8.    THIRD PARTY CONTENT

The AfroWay may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that content or material submitted for inclusion on our site and/or streaming/player service, be it in any form text, pictures or broadcast complies with applicable laws in Kenya or in their respective countries within and without Africa. AfroWay does not assume responsibility for any error or inaccuracy in any advertising or sponsorship material.

A.    The names, products and devices, logos, icons, graphics or designs of others referred to on the pages of this site or the Player/s are the property of their owners and are exhibited only in such a manner as is intended to be of benefit to their owner. AfroWay intends no infringement of these property rights.

B.    The website may contain links to other sites provided by third parties either directly or through frames AfroWay is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites and shall have no liability in respect of such Third Party Sites. Where possible, AfroWay will make clear such links are being made, although Third Party Sites may be co-branded with AfroWay and so include AfroWay trademarks.

C.    Any references in this site to any third party products, companies, services, organisations, home pages or other websites do not imply endorsement, support or recommendation or the same by AfroWay.

9.    LINKS TO OUR SITE

We welcome ‘hot links’ and deep links to our website and/or player provided that you do not use such link in any way which would imply partnership, affiliation, endorsement or sponsorship of any service or product or which may bring us or the other brands in our group into disrepute. You may not display any content from our site or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please email:  This email address is being protected from spambots. You need JavaScript enabled to view it..

10.    DATA PROTECTION

A.    If you wish to avail of certain services offered on this site it may be necessary for you to provide some personal information to AfroWay. AfroWay will use this information only in accordance with our Privacy Policy. If you do not wish us to use any personal information, please do not provide the same.

B.    When you view this site some information may be stored on your computer. In addition AfroWay works with a number of third parties to be able to deliver content, advertising and measure site use. This information will be in the form of a "cookie" or similar file. Please refer to our privacy policy for more information.

11.    AFROWAY DOES NOT ALLOW TRANSMISSION OR SUBMISSION OF MATERIAL THAT ARE:

A.    Defamatory, threatening, obscene, discriminatory or harassing;

B.    Contain a virus, worm, Trojan horse or any other harmful component;

C.    Incorporate copyrighted or other proprietary material of any third party without that party’s permission; or otherwise violate any applicable laws.

12.    TERMS AND CONDITIONS VARIATIONS

AfroWay reserves the right to vary these Terms at its sole discretion. Such variations become effective immediately upon the posting of the varied Terms on the site. By continuing to use the site and/or streaming or Player service, you will be deemed to accept such variations. Please check the site regularly to ensure you are familiar with the current version of the Terms, competition terms and our Privacy Policy. If you do not accept any of the modifications, revisions or amendments to these Terms, you should stop using our Site and our streaming/Players and the services offered by us immediately

13.    THIRD PARTY RIGHTS EXCLUSION 

These Terms are not intended to benefit or be enforceable by any third party and the Contracts shall not apply to these Terms.

14.    TERMINATION. 

AfroWay may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Afro-Way.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by AfroWay if you materially breach this Agreement and fail to cure such breach within thirty (30) days from AfroWay notice to you thereof; provided that, AfroWay can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15.    THE AGREEMENT

These Terms, together with our Privacy Policy, Competition Terms (which includes our standard competition terms and conditions and any specific terms and conditions applicable to a particular competition), constitute the entire agreement between you and us in relation to your use of our site and supersede all previous agreements in respect of such use.

MISCELLANEOUS

This Agreement constitutes the entire agreement between AfroWay and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of AfroWay, or by the posting by AfroWay of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Kenya, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state courts located in Milimani Courts, Nairobi, Kenya. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Nairobi Centre for International Arbitration (hereinafter refered as NCIA) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Nairobi, Kenya, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The AfroWay may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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