If you do not agree to these Terms and Conditions, please do not use the Sites or register as a user.
TERMS AND CONDITIONS:
1. Introduction and About Us
The Sites are owned and operated by NRG Media, a Limited company registered in Nairobi Kenya with its registered office at 4th floor Almont Park, Church Road, Nairobi.
2. Access to the Sites
Access to the Sites is permitted on a temporary basis and NRG Media reserves the right to withdraw the Sites (in whole or in part) or amend any part of them (including but not limited to content and materials on the Sites and any services made available through them). Please also see Section 5 below.
NRG Media shall not be liable if for any reason the Sites are unavailable at any time or for any period.
You may only use our Sites or the software and services available through them (including but not limited to the Content and User Generated Content as defined below) (collectively, the “Site Services”) for lawful purposes. You must not use our Sites or the Site Services:-
(i) in any way that breaches any applicable local, national or international law or regulation;
(ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
(iii) for the purpose of harming or attempting to harm minors in any way;
(iv) to send, knowingly receive, upload, download, use or re-use any material which is in breach of Section 5 of these Terms; or
(v) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (“Spam”).
You are responsible for making any arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that any persons who access the Sites through your internet connection are aware of these Terms and comply with them.
3. Use of Content and linking to the Sites
All content and material on the Sites (but for the avoidance of doubt excluding User Generated Content) (the “Content”) belongs to NRG Media, or its licensors, and save where otherwise specified users should assume that all Content is owned by NRG Media. The Content is protected by copyright laws around the world. Unless expressly stated, no Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, and may only be used for your personal, non-commercial use. Modification of the Content or other prohibited use of the Content is a violation of NRG Media’s copyright and other proprietary rights. All trademarks, service marks and trade names on the Sites are proprietary to NRG Media or its licensors.
In particular, but without limiting the above restrictions, you may not do any of the following without prior written permission from NRG Media:-
(i) redistribute any of the Content (including by using it as part of any library, archive or similar service);
(ii) remove any copyright or trade mark notice from the Content; or
(iii) create a database in electronic or structured manual form by downloading and storing all or any of the Content.
You may not create any link from or to our Sites without NRG Media’s prior written consent. Please contact us if you wish to request permission to link to our Sites.
As a user, you will be able to access material on most areas of the Sites without going through the registration process. However, we may restrict access to certain areas of the Sites (e.g. the Forums – see Section 5 below) and you may need to register with us to access such areas.
On registration, you must provide NRG Media with accurate, complete registration information and it is your responsibility to inform NRG Media of any changes to that information (including in particular your e-mail address) by using the edit details function available on the Sites with which you are registered. Each registration is for a single user only. On registration, you should choose a user name and password. You should treat your user name and password as confidential. You warrant that you will not impersonate another individual when using the Sites or the Site Services.
NRG Media does not permit any of the following:-
(i) any other person sharing your user name and password; or
(ii) access through a single name and password being made available to multiple users on a network.
You are responsible for, and will be liable to NRG Media for, all use of the Sites made by you or anyone else using your user name and password (collectively, “ID”) and for preventing unauthorized use of your ID. If you believe there has been any breach of security (e.g. the disclosure, theft or unauthorized use of your ID or any payment information), you must notify NRG Media immediately at our contact us page. NRG Media will not be liable to you or any third party for unauthorized use of your ID.
If you register to use the free e-mail service on the Sites (if available), you must not use the service to send, or use or re-use any material which is un-lawful, threatening, abusive, libelous or indecent or which infringes copyright or other rights of third parties or which contains any other form of illegal content. You must not use such service or any other Site Services to send any chain e-mails or Spam.
5. Community Forums and Posting Content to the Sites
The Sites include chat rooms, bulletin boards, discussion groups and other public areas that allow you to interact with other users and NRG Media journalists (“Forums”) and to post/transmit/upload (“Post”) content to the Sites (“User Generated Content”) including without limitation your review of any gig you attend, album reviews, personal blogs and your personal gallery.
Where we do provide a Forum, we will provide clear information to you about the nature of the service being offered. NRG Media reserves the rights in its absolute discretion to cease the provision of any or all Forums without notice to you.
As mentioned above, NRG Media journalists (who will be clearly identified as such) will also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain User Generated Content from special guests selected by NRG Media. The opinions of those NRG Media journalists and special guests are their own and are not necessarily endorsed by NRG Media. They should not be considered by you as professional advisers and any comments they make are not intended to amount to advice on which reliance should be placed.
You will need to be registered as a user (unless otherwise stated) in order to Post User Generated Content. You are solely responsible for any material and information forming your User Generated Content.
By Posting User Generated Content you warrant and agree that :-
(i) you are 18 years of age or older or are aged 14 – 18 and have received consent from your parent or guardian for you to use such Forums;
(ii) that you are resident in Kenya and that you are accessing the Sites in Kenya;
(iii) that you will comply with any additional rules posted by NRG Media on a Forum;
(iv) you own or are licensed in respect of the User Generated Content Posted and that you have the right, power and authority to grant the rights set out in these Terms;
(v) that NRG Media is free and able to use User Generated Content in accordance with and in the manner set out in these Terms without any payment (including any royalty payments to third parties) and that in particular NRG Media may lawfully permit other users to view the User Generated Content;
(vi) have obtained all consents, releases and permissions (including of each person identifiable) in respect of the User Generated Content;
and in addition you warrant and agree that such User Generated Content:
(vii) is accurate (where facts are stated) or if an opinion is stated that such opinion is genuinely held;
(viii) is not confidential and does not infringe the intellectual property, privacy or any other rights of any third party, and does not contain anything which is unlawful, abusive, libelous, defamatory, obscene, indecent, harassing or threatening;
(ix) is not copyrighted or alternatively that you own the copyright or have the necessary permissions and rights to use it;
(x) is not discriminatory or does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(xi) is not sexually explicit, obscene or pornographic and does not promote violence;
(xii) such User Generated Content does not solicit personal information for any users under 18 years of age;
(xiii) does not include telephone numbers, physical addresses, email addresses or last names or other personally identifiable information;
(xiv) does not violate any applicable law or regulation;
(xv) does not, to the best of your knowledge, contain a virus or other harmful component or computer programming routines, software, files or code designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(xvi) does not interrupt, destroy or limit the functionality of the Site(s) or any computer software or equipment;
(xvii) does not disguise the origin of any User Generated Content or impersonate any person or entity or misrepresent any affiliation with any person or entity or collect or store other users’ personal data;
(xviii) does not, or is not likely to, harass, upset, embarrass, alarm or annoy another person; and
(xix) does not give the impression that it emanates from a third party (including NRG Media) if that is not the case.
You warrant and undertake that you will not:
(i) Post, link to or otherwise publish commercial material or material that promotes any commercial activities or contains recommendations to buy or refrain from buying a particular item (and in particular shares) or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any item (and in particular shares); or
(ii) Post or otherwise publish any User Generated Content unrelated to the Forum or the Forum’s topic.
By Posting User Generated Content you hereby grant a perpetual, royalty-free, worldwide, non-exclusive license to NRG Media to use, reproduce, modify, translate, make available, distribute, publish and/or perform the User Generated Content and to distribute and/or broadcast such User Generated Content in whole or in part in all media and in all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephony) and to sub-license any other persons to do so, in each case for such purposes as NRG Media may in its reasonable discretion determine. Please note that you can terminate the license granted under this paragraph by removing the User Generated Content from the Site and emailing us at our contact us page with full details of all User Generated Content that you wish to be removed. NRG Media will endeavour to remove the User Generated Content from the Site within 28 days. In addition, you agree to waive any moral rights you may have in the User Generated Content and that you have obtained a waiver of all applicable moral rights in the User Generated Content.
By submitting User Generated Content to the Site(s) you agree to indemnify and hold harmless NRG Media from all claims, costs, liabilities and expenses (including legal expenses) suffered by NRG Media arising out of any User Generated Content Posted by you that is in breach of these Terms.
You agree that we may disclose your identity to any third party who is claiming that User Generated Consent you have posted to our Site violates their intellectual property rights or any other right.
The Forums contain User Generated Content submitted by users over whom NRG Media has no control. You acknowledge that it is not possible for NRG Media to fully and effectively moderate, oversee or monitor the Forums and in particular to monitor whether any User Generated Content infringes the copyright or any other right of a third party. You agree that NRG Media is under no obligation to oversee, monitor or moderate any Forum and cannot therefore guarantee the accuracy, integrity or quality of any User Generated Content. NRG Media does not endorse any User Generated Content which is not necessarily reflective of the views of NRG Media. Some users may breach these terms and post User Generated Content that is misleading, untrue or offensive. You accept to bear all risk associated with your use of the Forums and should not rely on User Generated Content in making (or refraining from making) any decisions. You agree that to the fullest extent permitted by law NRG Media shall not be liable to you in respect of any User Generated Content you view via this Site.
Whilst NRG Media does not control or monitor the User Generated Content posted to Forums by users, it reserves the right (which it may exercise at its sole discretion without notice) to commence such monitoring (whether by human moderation or technical methods) or to delete, move or edit any User Generated Content.
NRG Media reserves the right to contact you by e-mail with regard to your use of the Forums.
6. Reporting offensive/illegal content
Whilst NRG Media does not control or monitor the User Generated Content posted to Forums by users, we do not wish to see harmful, offensive or illegal content on our Sites. If you have any concerns about any Content or User Generated Content that appears on our Site or you believe that such Content or User Generated Content is harmful, offensive or infringes your rights (including without limitation your intellectual property rights), please contact us at our contact us page with the following information in sufficient detail:-
(i) the location of the harmful/infringing/offensive content on our Site(s);
(ii) a brief description of why you consider the content to be harmful, offensive or infringing and a statement confirming that you have a reasonable and honestly held belief that use of the content is not authorized;
(iii) a brief description of, and information related to, the copyright work which you believe is infringed; and
(iv) your contact details.
We will remove any and all Content and User Generated Content (without prior notice to you) if we reasonably believe such Content/User Generated Content to be in breach of these Terms.
7. Suspension and termination of registration/access to Forums
NRG Media will determine in its discretion whether there has been a breach of these Terms through your use of our Site(s). When a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms may result in our taking all or any of the following actions:
(i) immediate, temporary or permanent withdrawal of your right to use our Sites (including our Forums);
(ii) immediate, temporary or permanent removal of any User Generated Content posted by you to our Site(s);
(iii) issue of a warning to you;
(iv) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(v) further legal action against you;
(vi) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in this Section 7 are not limited, and we may take any other action we reasonably deem appropriate.
8. News by E-Mail
NRG Media may give you the option to subscribe to its e-mail news service. Your use of any information received through the e-mail news service will be subject to these terms.
9. Viruses, hacking and other offences
You must not misuse our Sites by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the server on which any of our Sites are stored or any server, computer or database connected to or on our Sites. You must not attack our Site(s) via a denial-of-service attack or a distributed denial-of-service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material Posted on it, or on any website linked to them.
We advise all parents to speak to their children regarding safety online.
11. Third Party Sites – software and java security
The Sites contain links to other websites provided by independent third parties (“Third Party Sites”), either directly or through frames. Where possible, NRG Media will make clear such links are being made, although Third Party Sites may be co-branded with NRG Media and so include NRG Media’s trademarks. NRG Media 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. In particular, if you use links from the Sites to an authorized connected site not operated by NRG Media to download software from the Sites or any other material, files, images or data, you acknowledge and agree that NRG Media has no responsibility or liability in connection therewith, and does not transfer title to you.
12. Limitation of Liability
The Content and any User Generated Content is for your general information and use only and is not intended to address your particular requirements. Whilst NRG Media aims to update the Sites regularly, any of the Content or User Generated Content may be out of date and NRG Media assumes no responsibility for updating this. In particular, the Content and any User Generated Content does not constitute any form of advice, recommendation or arrangement by NRG Media and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. NRG Media therefore disclaims all liability and responsibility arising from: (i) any reliance placed on Content or User Generated Content by any visitor to the Sites or by anyone who may be informed of such; and (ii) any arrangements made between you and any third party named on the Sites which are at your sole risk and responsibility.
Because of the number of sources from which NRG Media obtains Content and User Generated Content and the nature of electronic distribution via the internet, NRG Media does not give any warranties in respect of the Sites or the Site Services. In particular, the Site Services are provided on an “as is” basis. To the extent allowed by applicable law, NRG Media hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, NRG Media makes no warranty that the Site Services are free from infection by viruses or anything else that has contaminating or destructive properties.
To the fullest extent allowed by applicable law, you agree that NRG Media will not be liable to you and/or any third party for (i) any consequential or incidental damages; (ii) loss of business; (iii) loss of income or revenue; (iv) lost profits or contracts; (v) loss of data; (vi) loss of privacy; (vii) loss of goodwill; (viii) failure to meet any duty including but not limited to any duty of good faith; or (vi) for any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Sites or the Site Services or any breach of these Terms by NRG Media, even if NRG Media has been advised of the possibility of such damages. Notwithstanding the provisions of this section, NRG Media’s liabilities will not be limited in the case of death or personal injury directly caused by NRG Media’s negligence, for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or limited by law.
14. Changes to these Terms
NRG Media reserves the right, at its discretion, to make changes to any part of the Sites or these Terms. When these Terms are changed, NRG Media will publish details of the new Terms as updated from time to time. You are therefore advised to review these Terms regularly to ensure that you are aware of any changes we make. By continuing to use the Sites, you are agreeing now to be bound by those changes and revised terms.
15. Advertising and sponsorship
Part of the Sites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites complies with applicable law and regulation. NRG Media will not be responsible for any error or inaccuracy in advertising material.
16. Choice of law & jurisdiction
These Terms shall be governed by, and construed in accordance with Kenyan Law. You irrevocably agree that the courts of Kenya shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Kenyan courts.
17. Third Party Copyright
Some of the content used on our website(s) (such as, but not limited to, images and/or audio-visual material) are copyrighted works which belong to and are supplied by third parties who reserve all their rights in such content. All such third parties shall be entitled to enter the benefit of these Terms in respect of their content as if they were “NRG Media” herein and shall be bound accordingly.
You may not assign, sub-license or otherwise transfer any of the rights under these Terms. If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.
© NRG Media Media Limited 2018