Using this site tells us you
have read and agreed to our Terms of Service detailed below and to our Privacy
Policy (located here). Please read
both of these pages carefully. If you do not agree with these terms, please
exit Mamboleo.com or any site affiliated with Mamboleo.com. Both the Terms of
Service and Privacy Policy apply to all web sites owned and operated by Mamboleo.com
and the term "Mamboleo.com" shall apply to this network of sites. Mamboleo.com
reserves the right to terminate Membership and deny access to the site to any
person who violates these Terms of Service.
Future Changes
These terms may change at any time in the future.
No individual notice of changes will be provided to Users. So check back
periodically and review the Terms of Service to ensure that you still agree to
abide by them. Unless you terminate your registration, you will be bound by any
subsequent change to these Terms.
Copyright
All information, content, services and software
displayed on, transmitted through, or used in connection with Mamboleo.com,
including, but not limited to, news articles, reviews, directories, guides,
text, photographs, images, illustrations, audio clips, video, html, source and
object code, trademarks, logos, and the like (collectively, the
"Content"), as well as its selection and arrangement, is owned by Mamboleo
Ltd, and its affiliated companies, licensors, owners and suppliers. You may use
the Content online only, and solely for your personal, non-commercial use, and
you may download or print a single copy of any portion of the Content solely
for your personal, non-commercial use, provided you do not remove any
trademark, copyright or other notice from such Content. If you operate a Web
site and wish to link to Mamboleo.com, you may do so provided you agree to
cease such link upon request from Mamboleo.com. No other use is permitted
without prior written permission of Mamboleo.com. The permitted use described
in this Paragraph is contingent on your compliance at all times with these
Terms of Service.
You may not, for example,
republish any portion of the Content on any Internet, Intranet or extranet site
or incorporate the Content in any database, compilation, archive or cache. You
may not distribute any Content to others, whether or not for payment or other
consideration, and you may not modify, copy, frame, cache, reproduce, sell,
publish, transmit, display or otherwise use any portion of the Content. You may
not scrape or otherwise copy our Content without permission. You agree not to
decompile, reverse engineer or disassemble any software or other products or
processes accessible through Mamboleo.com, not to insert any code or product or
manipulate the content of Mamboleo.com in any way that affects the user's
experience, and not to use any data mining, data gathering or extraction
method.
Requests to use Content for any
purpose other than as permitted in these Terms of Service should be directed to
webmaster@mamboleo.com. In certain cases, you may be able to obtain a license to
use individual stories that appear on Mamboleo.com through online functionality
we have specifically designated (e.g., to e-mail a story to a friend or to
purchase a photograph). In such cases, we will indicate the portion of the
Content you may license. If you do not see such authorization, you should
assume no third party has the right to allow you to use the Content.
Copyright Complaints
Mamboleo.com respects the intellectual property of
others and holds no claim to copyrights of content that is owned by a third
party or is in the public domain. If you believe your work has been copied in a
way that constitutes copyright infringement or are aware of any infringing
material on Mamboleo.com, please contact us at webmaster@mamboleo.com
immediately.
Membership and Registration
If you become a Member of Mamboleo.com or its
affiliated sites or services, you accept responsibility for all activities that
occur under your account or password, and agree not to sell, transfer or assign
your Membership or any Membership rights. We reserve the right to terminate
your Membership at any time for any reason. You are responsible for maintaining
the confidentiality of your password and for restricting access to your
computer so others outside your household may not access Mamboleo.com using
your name in whole or in part without our permission. If you believe someone
has accessed Mamboleo.com using your member name and password without your
authorization, e-mail us immediately at webmaster@mamboleo.com.
Some areas within our network
of sites may require a credit card payment before access is granted. If you
sign up for these services, you agree to pay all subscription fees and any
other charges incurred in connection with your member name and password
(including any applicable taxes) at the rates in effect when the charges were
incurred. We may bill charges automatically to your credit card. All fees will
be billed at the beginning of your subscription or any renewal (or as soon
thereafter as fees or charges are incurred) and are nonrefundable. You are
responsible for all fees and charges incurred to access Mamboleo.com through an
Internet access provider or other third party service. Your subscription will
renew automatically, unless we terminate it or you notify us by e-mail of your
decision to terminate your subscription. You must cancel your subscription
before it renews in order to avoid billing of fees for the renewal term to your
credit card.
Transactions and e-commerce on
our site
During your visit to
our site you may elect to engage in a transaction involving the purchase of a
product such as a newspaper subscription, a print or online advertisement or
other tangible goods and services. To serve you most efficiently, credit card
transactions and order fulfillment are often handled by a third party
processing agent, bank or distribution institution. While in most cases
transactions are completed without difficulty, there is no such thing as "perfect
security" on the Internet or offline. If you're concerned about online
credit card safety, in most cases a telephone number will be made available so
you can call us and place your order by phone. Mamboleo.com cannot take
responsibility for the success or security of transactions undertaken or
processed by third parties. You agree to hold Mamboleo Ltd. and Mamboleo.com
harmless for the failure of any secure transaction through a third party.
On occasion, a product or
service may not be available at the time or the price as it appears in an
advertisement. In such event, or in the event a product is listed at an
incorrect price or with incorrect information due to typographical error,
technology effort, error in the date or length of publication, or error in
pricing or product information received from our advertisers or suppliers, you
agree Mamboleo.com is not responsible for such errors or discrepancies.
Interactive Features
Mamboleo.com message boards, photo galleries,
comments and other interactive features are provided to give users an
interesting and stimulating forum to express their opinions and share ideas and
information. Given the nature of our site and the volume of postings, Mamboleo.com
cannot and does not monitor all of the material posted or transmitted by users
and third party information providers.
To protect your safety, please
exercise your best judgment when using these forums. We do not allow divulging
personal phone numbers, addresses or other information that can be used to
identify or locate you or another person. If you make such disclosures either
through interactive features or classified advertising, or to third parties in
any communication, you do so fully understanding the consequences of such disclosures
and with a knowing consent that such information could be used to identify you.
Mamboleo.com reserves the right to delete any communications at any time, for
any reason or in its discretion, but has no obligation to review or remove any
such content.
Posting
Rules
By using
various interactive features to post content, you are participating in a
community intended for all of our users. As such, if your behavior becomes a
problem for the site or for other users, we may, in our discretion and without
warning, ban you from all services of Mamboleo.com.
In general,
we reserve the right to remove any content posted on our site at any time for
any reason. Decisions as to whether content violates our Terms of Service will
be made by Mamboleo.com in its discretion after we have actual notice of such
posting. Without limiting our right to remove content, we have attempted to
provide guidelines to those posting on our site. When using Mamboleo.com,
please do not post material that:
contains vulgar, profane, abusive, racist or hateful language or
expressions, epithets or slurs, text, photographs or illustrations in poor
taste, or attacks of a personal, ethnic, gender, racial or religious nature.
is defamatory, threatening, disparaging, grossly inflammatory,
false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration
or unsubstantiated claims, violates the privacy rights of any third party, is
unreasonably harmful or offensive to any individual, community, association, group
or business.
violates any right of Mamboleo.com or any third party.
discriminates on the grounds of race, ethnic, religion, national
origin, gender, age, marital status, sexual orientation or disability, or
refers to such matters in any manner prohibited by law.
violates or inappropriately encourages the violation of any national
or international law, rule, regulation or ordinance.
interferes with any third party's uninterrupted use of Mamboleo.com.
advertises, promotes or offers to trade any goods or services,
except in areas specifically designated for such purpose.
includes copyrighted or other proprietary material of any kind
without the express permission of the owner of that material.
uses or attempts to use another's identity, account, password,
service or system except as expressly permitted by the Terms of Service.
contains or links to viruses or other harmful, disruptive or
destructive files.
disrupts, interferes with, or otherwise harms or violates the
security of Mamboleo.com, or any services, system resources, accounts,
passwords, servers or networks connected to or accessible through Mamboleo.com
or affiliated or linked sites.
"flames" any individual or entity (e.g., sends
repeated messages related to another user and/or makes derogatory or offensive
comments about another individual)
repeats the same message under multiple threads or subjects.
is clearly off-topic for a given thread or subject.
WARNING: A VIOLATION OF THE
FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES
Member-Provided
Information and Content
By providing
information to, communicating with, and/or placing material on, Mamboleo.com,
including for example communication during registration, communication on any Mamboleo.com
bulletin board, message or chat area, posting any resume or other content,
placing any classified advertisement, entering any sweepstakes, etc., you
represent and warrant: (1) you own or otherwise have all necessary rights to
the content you provide and the rights to use it as provided in this Terms of
Service; (2) all information you provide is true, accurate, current and
complete, and does not violate these Terms of Service; and, (3) the content
will not cause injury to any person or entity. Using a name other than your own
legal name is prohibited (except in those specific areas of Mamboleo.com that
specifically ask for unique, fictitious names, e.g., certain message boards and
chat rooms).
For all such
information and material, you grant Mamboleo Ltd, its affiliates and related
entities, including Mamboleo.com and its affiliated newspaper, a royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, copy, modify,
display, archive, store, distribute, reproduce and create derivative works from
such information, in any form, media, software or technology of any kind now
existing or developed in the future. Without limiting the generality of the
previous sentence, you authorize Mamboleo Ltd. to share the information across
all Mamboleo Ltd. Communications Company affiliated Web sites, to include the
information in a searchable format accessible by users of Mamboleo.com and
other Mamboleo Ltd. Web sites, and to use your name and any other information
in connection with its use of the material you provide. You also grant Mamboleo
Ltd. the right to use any material, information, ideas, concepts, know-how or
techniques contained in any communication you send to us for any purpose
whatsoever, including but not limited to developing, manufacturing and
marketing products using such information. All rights in this paragraph are
granted without the requirement for additional compensation of any sort to you.
Please note Mamboleo.com
does not accept unsolicited materials or ideas for use or publication, and is
not responsible for the similarity of any of its content or programming in any
media to materials or ideas transmitted to Mamboleo.com. Should you send any
unsolicited materials or ideas, you do so with the understanding no additional
consideration of any sort will be provided to you, and you are waiving any
claim against Mamboleo.com and its affiliates regarding the use of such materials
and ideas, even if material or an idea is used that is substantially similar to
the idea you sent.
Communications with Third
Parties through Mamboleo.com
Your
dealings or communications through Mamboleo.com with any party other than Mamboleo.com
are solely between you and that third party. For example, certain areas of Mamboleo.com
may allow you to conduct transactions or purchase goods or services. In most
cases, these transactions will be conducted by our third-party partners and
vendors. Under no circumstances will Mamboleo.com be liable for any goods,
services, resources or content available through such third party dealings or
communications, or for any harm related thereto. Please review carefully that
third party's policies and practices and make sure you are comfortable with
them before you engage in any transaction. Complaints, concerns or questions
relating to materials provided by third parties should be forwarded directly to
the third party.
During your visit to Mamboleo.com
you may link to, or view as part of a frame, certain content that is actually
created or hosted by a third party. You may be introduced to, or be able to
access, information, Web sites, advertisements, features, contests or
sweepstakes offered by other parties. Mamboleo.com is not responsible for the
content, actions or policies of such third parties. You should check the
applicable terms of service and privacy policies of those third parties when
providing information on such a feature or page.
General Disclaimer and
Limitation of Liability
While
Mamboleo.com uses reasonable efforts to include accurate and up-to-date
information, we make no warranties or representations as to the accuracy of the
Content and assume no liability or responsibility for any error or omission in
the Content. Mamboleo.com does not represent or warrant that use of any Content
will not infringe rights of third parties. Mamboleo.com has no responsibility
for actions of third parties or for content provided or posted by others.
USE OF MAMBOLEO.COM IS AT YOUR
OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS
AVAILABLE." NEITHER MAMBOLEO LTD., MAMBOLEO.COM, NOR ANY OF THEIR
AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT
PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF
ANY KIND REGARDING MAMBOLEO.COM, THE CONTENT, ANY ADVERTISING MATERIAL,
INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH MAMBOLEO.COM, AND/OR
THE RESULTS THAT MAY BE OBTAINED FROM USE OF MAMBOLEO.COM OR SUCH CONTENT OR
SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES
AGAINST INFRINGEMENT, AND WARRANTIES MAMBOLEO.COM WILL MEET YOUR REQUIREMENTS,
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. MAMBOLEO.COM
AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD
PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY
INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
Miscellaneous
MAMBOLEO.COM reserves the right to change these
Terms of Service at any time in its discretion and to notify users of any such
changes solely by changing this page. Your continued use of Mamboleo.com after
the posting of any amended Terms of Service shall constitute your agreement to
be bound by any such changes. Your use of this site prior to the time this
Terms of Service was posted will be governed according to the Terms of Service
that applied at the time of your use.
Mamboleo.com may modify,
suspend, discontinue or restrict the use of any portion of Mamboleo.com,
including the availability of any portion of the Content at any time, without
notice or liability. Mamboleo.com may deny access to any person or user at any
time for any reason. In addition, Mamboleo Ltd. or Mamboleo.com may at any time
transfer rights and obligations under this Agreement to any Mamboleo Ltd.
subsidiary or business unit, or any of their affiliated companies or divisions,
or any entity that acquires Mamboleo Ltd., Mamboleo.com or any of their assets.
These Terms of Service will be
governed by and construed in accordance with the Kenyan laws, without regard to
its conflicts of law provisions. You hereby agree that any cause of action you
may have with respect to Mamboleo.com must be filed in a federal or state court
located in Augusta, Georgia, within two months of the time in which the events
giving rise to such claim began, or you agree to waive such claim. You agree no
such claim may be brought as a class action. If for any reason any provision of
this Agreement is found unenforceable, that provision shall be enforced to the
maximum extent permissible so as to affect the intent of the parties as
reflected in that provision, and the remainder of the Agreement shall continue
in full force and effect. Any failure of Mamboleo.com to enforce or exercise
any provision of this Agreement or related right shall not constitute a waiver
of that right or provision. The section titles used in this Agreement are
purely for convenience and carry with them no legal or contractual effect. In
the event of termination of this Agreement for any reason, you agree the
following provisions will survive: the provisions regarding limitations on your
use of Content, the license(s) you have granted to Mamboleo.com, and all other
provisions for which survival is equitable or appropriate.
In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy (for example, a P3P electronic privacy policy), these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy stated below, these Terms of Service control.