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Terms

These Terms and Conditions govern your use of KaliSana.com and any products, channels, software, data feeds and services, including the embedded video player provided to you. In using this website, you are deemed to have read in full and agreed to the Terms and Conditions. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS OR ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS WEBSITE.

The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on access through or contribute to the Service.

The following terminology applies to these TERMS AND CONDITIONS, PRIVACY STATEMENT and DISCLAIMER NOTICE and any or all Agreements: “Client”, “You”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us” refers to our Company. “Party”, “Parties”, or “Us” refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to prevailing Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Requirements for Users
You must be at least [18] years of age to use this website. By using this website and by agreeing to these Terms and Conditions you warrant and represent that you are at least [18] years of age.
By submitting your text, software, scripts, graphics, photos, sounds, music, video to our website for consideration for posting you hereby confirm the rights and responsibilities that you have with regard to the video and hereby grant KaliSana.com the irrevocable right and license to duplicate, broadcast, exhibit, transmit and exploit the video, or to allow KaliSana.com to grant sub-licenses to third parties to duplicate, broadcast, exhibit, transmit and exploit the video, on the internet, mobile platforms or other media throughout the world.

You hereby acknowledge that you shall receive valuable consideration from KaliSana.com for submitting your text, software, scripts, graphics, photos, sounds, music, and videos for posting to our website.

You represent that you either created the content yourself or have received the legal right andauthority from the person who created the text, software, scripts, graphics, photos, sounds, music, video to grant KaliSana.com full and unrestricted rights to the text, software, scripts, graphics, photos, sounds, music, video, and that our exercise of such rights shall not constitute an infringement of any copyright, civil, personal or property right of any third party. If you are submitting a text, software, scripts, graphics, photos, sounds, music, video, you represent that you have full authority, permission and license from all copyright holders.

Unless otherwise agreed to in writing KaliSana.com, shall have no obligation to publish or post your text, software, scripts, graphics, photos, sounds, music, video. For all videos published or posted upon the site, we reserve the right to remove the video at our discretion and we will give no refunds or compensation.

You hereby agree that you will indemnify KaliSana.com, its officers, employees and agents, from and against any and all claims, demands, actions, losses, liabilities, costs and expenses arising from any breach or alleged breach of any term, warranty or condition of this agreement, or from any claims of infringement or alleged infringement arising from your text, software, scripts, graphics, photos, sounds, music, video submission.

PAYMENTS
Content providers will be paid for the text, graphics, photos, sounds, music and video clips submitted to KaliSana.com for streaming on the website. Payment due will be made on net 30 basis after a statement of invoice has been provided to the Content provider.
PROTECTING OTHER PEOPLE’S RIGHTS

We respect other people’s rights, and expect you to do the same.

  1. Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
  2. You will not take any action that infringes or violates someone else’s rights or otherwise violates the law.
  3. We can remove any content or information if we believe that it violates this Statement or our policies
  4. If you repeatedly infringe other people’s intellectual property rights, we will disable your content when appropriate.
  5. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

GOVERNMENT REQUIREMENTS, COMPLIANCE, TAXES

Governing Laws

These Terms and Conditions shall be governed by and interpreted in accordance with all applicable federal and state laws, rules and regulations of Kenya. By accessing this website and using our services, you consent to these terms and conditions and to the exclusive jurisdiction of the Kenyan courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

General restrictions on use
KaliSana.com hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

  1. you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without KaliSana.com prior written authorization, unless KaliSana.com makes available the means for such distribution through functionality offered by the Service;
  2. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that
  3. prevent or restrict use or copying of Content or
  4. enforce limitations on use of the Service or the content accessible via the Service;
  • you agree not to use the Service for any of the following commercial uses unless you obtain KaliSana.com prior written approval:
  1. the sale of access to the Service
  2. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content ;
  3. the sale of advertising, sponsorships or promotions on any page of an ad-enabled channel or website containing Content delivered via the Service
  4. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the KaliSana.com servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
  5. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include KaliSana.com account names);
  6. you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  • You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of KaliSana.com or the respective licensors of the Content.

Content

As an interested party, you may submit Content. You understand that whether or not Content is published, KaliSana.com does not guarantee any confidentiality with respect to Content.

You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to KaliSana.com and other users of the Service.

You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. KaliSana.com does not endorse any Content or any opinion, recommendation, or advice expressed therein, and it expressly disclaims any and all liability in connection with Content.

You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable KaliSana.com to use your Content for the purposes of the provision of the Service by and otherwise to use your Content in the manner contemplated by the Service
and these Terms.

You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess, publish or distribute in the country in which you are resident, or which it would be unlawful for KaliSana.com to use or possess, publish or distribute in connection with the provision of the Service.

You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material

On becoming aware of any potential violation of these Terms, KaliSana.com reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KaliSana.com with respect to any such Content.

When you upload or post Content to KaliSana.com, you grant:

  • To KaliSana.com, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service KaliSana.com’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
  • To each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
  • The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you.
  • With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to, KaliSana.com and is subject to copyright, trade mark rights, and other intellectual property rights of KaliSana.com or its licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of KaliSana.com or, where applicable KaliSana.com’s licensors. KaliSana.com and its licensors reserve all rights not expressly granted in and to their Content.

Taxes
As between you and the Company, we are responsible for all taxes (if any) associated with the transactions between the Company and advertisers in connection with the maintenance of this website. You are responsible for all federal, state and local taxes, fees and other assessments (if any), which are required by law to collect and remit to the government on the Services that we provide to you. These charges may change from time to time without prior notice.

AMENDMENT, ASSIGNMENT, WAIVER
Amendment and Notification of Changes

The Company reserves the right to change, amend, modify, or revise these conditions from time to time as it seems fit and your continued use of the site will signify your acceptance of any adjustment to these terms. Any use of the Services following such notice will constitute your agreement to such change(s). If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there any changes on how we use the site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change.

We will post the amended terms and conditions on the Site, together with a notice that these Terms and Conditions have been amended. You are therefore advised to re-read this statement on a regular basis.

Further, we may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate these Terms and Conditions as to all such prior versions of the applications, services, and/or related material and limit access to only the most recent revisions and updates.

These terms and conditions form part of the Agreement between the Client and the Company. Your accessing of this website and/or undertaking of a contract or booking indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Assignments
you may not transfer, assign, or sub-contract any of your rights and obligations under these Terms and Conditions. We may assign, transfer, or sub-contract our rights and obligations under these Terms and Conditions without notifying you or obtaining your consent, and with no further liability.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof, and shall not cause a diminution of the obligations under this or any Agreement. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
DISPUTE RESOLUTION, SUSPENSION OR TERMINATION
Arbitration Clause

Notwithstanding anything herein, you agree that in the event of any legal dispute you have with us regarding the interpretation of these terms herein, and in the event of any legal dispute you have with us pertaining to your use of the Services, you will forego litigation and take the matter to binding arbitration should you choose to proceed with your dispute. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:

  1. the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions;
  2. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
  3. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You further agree that any arbitration award in your favor shall not exceed the aggregate dollar amount for all causes and claims of damage and liability as specified herein.

Suspension
KaliSana.com reserves the right, in its sole discretion, to suspend you and your content at any time and for any length of time. In the event, and for so long as, KaliSana.com suspends you, you shall have no ability to upload any Works on the Website, but you may continue to access the platform and download Works and view and comment on the KaliSana.com website and, if applicable, our other member websites, and post material or other content on your personal Member website if applicable. For clarification purposes, KaliSana.com shall not remove any Works you have uploaded prior to suspension of your Membership Account and such Works shall continue to be available for streaming.
Termination Terms
This Agreement shall continue in perpetuity unless terminated in accordance with this Section. KaliSana.com at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Website. You may at any time terminate this Agreement by sending a termination request to KaliSana.com. In the event termination is by KaliSana.com, we shall notify you of such termination. KaliSana.com reserves the right, in its sole discretion, to terminate your usership at any time, including, without limitation, deactivating your materials.
If your agreement is terminated for violation of the terms of the Agreement herein, the termination will be treated as if the account holder had initiated the termination, effective on the date that the account holder was terminated.
Effect of Termination
Upon any termination of this Agreement:

  • All Works uploaded by you shall be removed from the Website; provided, however, that KaliSana.com may continue to use the Work for internal archival and reference purposes;
  • Any and all Standard Credits shall be redeemable by you for cash, minus any transactional expense in accordance with KaliSana.com Standard pricing and payment policies and you shall forfeit all rights, title and interest in and to any and all Offered Credits.
  • Termination of this Agreement shall not relieve you from any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated, such as an Upload Agreement or Download Agreement.

Notice of claims of copyright infringement, enquiries, abuse or complain should be sent by email to: info@KaliSana.com

The Whole Agreement

These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.

The Law

The laws of Kenya apply to your use of the website and these conditions. We control the website from within Kenya. However, you can get access to the website from other places around the world. Although these places may have different laws from the laws of Kenya, by using the website you agree that the laws of Kenya will apply to everything relating to you using the website and you agree to keep to these laws.