Terms & Conditions

These Terms and Conditions apply whenever you use a website (a “site”) mobile application, connected TV, or other service (each a “Service”) that is owned and operated by Xplina Media Group (“Xplina”). Please read the below Terms and Conditions carefully as they govern the use of this Service and any products and services available on or provided through this Service, except to the extent that such products or services are governed by more specific terms. In these Terms and Conditions, references to the “Service” are taken to include all such products and services, except where stated otherwise.

1. User Obligation

By using, viewing, and/or visiting this Service, you have indicated your acknowledgement and assent to these Terms and Conditions and any other terms and conditions which may be introduced by Xplina Media Group via this Service from time to time. Your access, viewing, use, participation and/or downloading materials from the Service, indicates your agreement to abide by these Terms and Conditions. Xplina Media Group reserves the right to change these Terms and Conditions at any time by posting changes online and it is your responsibility to refer to and comply with these Terms and Conditions upon accessing the Service. We recommend that you print a copy of these Terms and Conditions for future reference. If you do not agree to any of these Terms and Conditions, please cease from the use of this Service, and any associated products or services governed by these Terms and Conditions, immediately.

Irrespective of any other provision of these Terms and Conditions, if any conflict exists between these Terms and Conditions and any rules and/or specific terms applicable to specific products or services, then the latter shall prevail with respect to those products or services.

2. Terms of Use

Use of this Service is only permitted for lawful purposes and in a manner which is not in breach of any applicable law and which does not infringe any rights of, or restrict the use and lawful enjoyment of, this Service by any third party. Such restrictions shall include, but are not limited to, harassment, defamatory conduct, obscene or abusive content, offensive language, distress to third parties and any other conduct which may be deemed inappropriate in Xplina Media Group’s sole and absolute discretion.

This Service is intended for a general audience and are not specifically directed at children. You hereby warrant that, as applicable: (i) you are 18 years of age or older; or (ii) you are over the applicable minimum age specified for the use of the Service (if lower than 18); or (iii) you possess all required approvals and consents including legal guardian or parental consent for the use of this Service.

Xplina Media Group may assign any or all of its rights and/or obligations under these Terms and Conditions to any party, in Xplina’s sole and absolute discretion. If this happens, Xplina will take reasonable steps to: (i) update these Terms and Conditions to provide notice of such changes, and (ii) ensure that such assignment will not adversely affect your legal rights.

3. User Content Submission

Elements of this Service may allow for user information or any other data to be transmitted or posted on the Service (hereinafter referred to as “User Submissions”). These include personal information, photographs, videos, audio materials, comments, recommendations, profile pictures, biographic details, games, puzzles, quizzes, viewing/usage history and statistics, written scripts, articles, opinions or any other form of material. If you upload any User Submissions, you agree that they shall be subject to the following conditions:

3.1       By submitting any User Submissions to this Service, you grant Xplina a non-revocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, modify, alter, prepare derivative works of, display, perform, or delete any or all parts of the User Submission in its own sole and absolute discretion and on any platform or media whatsoever. You hereby waive any and all moral rights, and any equivalent or similar rights, that may subsist in or apply in relation to any User Submissions. This license and waiver shall not be limited by period or territory.

3.2       User Submissions may be used by Xplina for any purpose including, but not limited to reproduction, broadcasting, transmission, editing, cutting, reformation, adapting, posting, or any other use as per the sole and absolute discretion of Xplina.

3.3       You shall at all times abide by all guidelines or policies issued by Xplina Media Group from time to time, governing the submission, use, or interaction with User Submissions. You shall be solely responsible for your own User Submissions and any claims, complaints, allegations of infringement, damages, third party rights, or legal action or proceeding arising out of, or in connection with, the use and submission of your User Submissions.

3.4       By submitting any User Submission, you hereby affirm, represent and warrant that you have the right to submit such User Submissions, and that you have obtained all necessary clearances, licenses, consents, rights and permissions to use and authorize Xplina to use your User Submissions.

3.5       You undertake that you will not submit or disclose to or via this Service any User Submission, or any other material or information, that is protected by or subject to any copyright, trade secret or any third party proprietary rights, including privacy and publicity rights, unless all necessary rights, permissions and authorizations have been obtained from all necessary licenses, permissions and authorizations from all relevant rights owners to submit the User Submission, material, and/or information and grant the license indicated herein to Xplina Media Group.

3.6       You further undertake not to submit any User Submission, material, or information, that is unlawful, obscene, defamatory, political, threatening, pornographic, harassing, hateful, racially offensive, considered as a criminal offense, gives rise to a civil liability, encourages criminal action or violates the law, culture or internationally acceptable norms and codes of ethics.

3.7       Xplina Media group shall have sole and absolute discretion regarding the use, publication and/or display of User Submissions, and under no circumstances is Xplina Media Group obliged to publish, display or include in this Service or any other platform or service, all or part of any User Submission.

4. Access to the Service

Xplina Media Group makes no representation that materials in this Service are appropriate or available for use at other locations outside Kenya and access to them from territories where their contents are illegal is prohibited. If you access this Service from a location outside of Kenya, you are responsible for compliance with all local laws. You are responsible for the payment of any fees and/or any taxes applicable to your access to, or use of, the Service or any portion thereof. Any applicable fees shall be determined by Xplina Media Group in its sole and absolute discretion, subject to applicable law.

Xplina Media Group may suspend, terminate, withdraw, restrict, or modify the availability or functionality of all or any part of the Service without notice and for any or no reason. The causes of such suspension, termination, withdrawal, restriction, or modification, may include, without limitation, failure to comply with these Terms and Conditions, failure to comply with any policies or guidelines issued by Xplina Media Group regarding the use of any Service, attempting to make unauthorized changes to a Service, attempting to access or obtain all or any part of a Service without satisfying the applicable requirements, attempting to circumvent any security measures on any service, or the submission of inaccurate or inappropriate User Submissions.

You are responsible for ensuring that all persons who access the Service through your internet connection are aware of, and comply with, these Terms and Conditions and all other applicable Xplina Media Group policies or guidelines regarding your use of the Service.

If you are granted credentials to enable you to access any portion of the Service, you must treat such credentials as confidential and keep them secure. You must not disclose such credentials to any third party. Xplina Media Group may disable your access to any or all portions of the Service, and/or revoke your credentials, at any time and without prior notice, if it appears to Xplina Media Group that you have failed to comply with your obligations under these Terms and Conditions.

The names, images and logos identifying Xplina Media Group, or any of its associated companies or third parties and their products and services are the exclusive property of Xplina Media Group, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by any means, license or right under any copyright, trade mark, or other intellectual property rights (or any equivalent or similar rights) of Xplina Media Group, its associated companies or any other third party.

All copyright, trade marks and other intellectual property rights (or any equivalent or similar rights) in this Service (including the design, arrangement and look and feel) and all material or content supplied as part of the Service shall remain at all times the property of Xplina Media Group. In accessing the Service you agree that you do so only for your own personal, non-commercial use. You may not authorize, encourage, permit or assist in any way any third party to copy, reproduce, download, post, store, distribute, transmit, broadcast, commercially exploit or modify in any way, or otherwise infringe any intellectual property rights (or any equivalent or similar rights) in any material or content accessible on or through the Service without the express prior written permission of an authorized officer of Xplina Media Group.

You shall not authorize, encourage, permit or assist any unauthorized copying, text or data mining, or web scraping, in relation to the Service, including: (i) any “spider”, “scraper”, “bot” or other automated technology, mechanism or process in order to access, copy, view or record any portion of the Service or any information, content or User Submissions accessed via the Service; and (ii) any automated technology, mechanism or process in order to analyze any portion of the Service or any information, content or User Submissions accessed via the Service for the purpose of identifying trends, correlations or patterns.

6. Third Party Materials

Xplina Media Group is not responsible for the availability or content of any third party materials, websites, apps or links you access through this site. If you decide to visit any third party materials, websites, apps or links accessible from the Service, you do so at your own risk and it is your responsibility to take all protective measures to guard against flaws, viruses, or other destructive elements that may exist in such third party materials, websites, apps or links. Xplina Media Group does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites, materials, apps or links (including payment for and delivery of such products or services). Xplina Media Group is not responsible for any damage, loss or offense caused by or, in connection with, any content, advertising, products, services or information available on such websites, materials, apps or links. Any terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant provider of the service.

If you create links to this Service, such links must be direct to any complete content page or screen (and not any part of a page or any individual element of content) within this Service and all other Xplina Media Group Services, and must not be “framed” or otherwise be viewed or presented within any third party website, app, or service. Xplina Media Group disclaims all liability for any legal or other consequences (including for infringement of third party rights) in relation to the creation or use of any links made to this Service.

Links to this Service from third party websites, apps, or services, do not imply that Xplina Media Group approves, endorses, is affiliated with, or is associated with any such third party websites, apps, or services, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such third party websites, apps, or services, or that any third party website, app or service is authorized to use any trademark, trade name, logo, copyright symbol, or other intellectual property of Xplina Media Group or any of its affiliates, entities or subsidiaries.

7. Disclaimer / Limitation of Liability

You agree that your use of this Service shall be at your own risk and responsibility. To the fullest extent permitted by law, Xplina Media Group, its officers, directors, and agents disclaim all warranties, express or implied, in connection with the Service. Xplina Media Group does not warrant, endorse or guarantee that the content posted to or via this Service is of social, cultural and moral acceptable standards. Xplina Media Group does not warrant that User Submissions posted to or via this Service do not infringe any third party rights. Xplina Media Group does not warrant that the service will be suitable for, or available on, any specific device, operating system, or screen resolution or orientation.

This Service and the information, names, images, pictures, logos and icons relating to this Service or any other Services provided, owned or operated by Xplina Media Group, and/or any of its associated companies, products and services (or to third party products and services), is provided “as is” and on an “as available” basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The information and other materials included in this Service may contain inaccuracies and typographical errors. Xplina Media Group does not warrant that the functions contained in this Service will be uninterrupted or error-free or that defects will be corrected or that this Service or the servers, broadcasts, networks, or other mechanisms that make it available are free from malfunctions, unavailability, viruses or bugs. Xplina Media Group does not warrant or represent the functionality, reliability, availability, accuracy or completeness of any services, statements, information, materials, or other information displayed or distributed through the Service from time to time. You acknowledge that any reliance on any such statement or information shall be at your own sole risk. Xplina Media Group reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Service and to make changes to the Service and to the materials, products, programmes, services or prices described in the Service at any time without notice.

In no event will Xplina Media Group and/or any third parties be liable for any damages including, but not limited to, indirect or consequential damages or any damages arising from or in relation to any part of the Service or any use of the Service including, but not limited to, errors or omissions, loss of use, loss of data, loss of profits, loss of opportunities, whether in respect of any claim on the basis of contract, tort, negligence or any other cause of action.

Xplina Media Group may terminate, change, suspend or discontinue any aspect of this Service, including the availability of any features of the Service, at any time without notice or liability.

8. Indemnity

You agree to indemnify and keep indemnified Xplina Media Group and all of its employees, affiliates, subsidiaries and associates from any and all claims, damages, expenses, compensation, costs and liabilities arising in any manner from your access to and use of this Service and/or the submission of any User Submissions to this Service.

You understand that when using this Service, you may be exposed to User Submissions from a variety of sources, including other users acting in their capacity as independent third parties, and you acknowledge that you may be exposed to User Submissions that may be inaccurate, offensive, indecent, or objectionable. You hereby waive any legal or equitable rights or remedies you have or may have against Xplina Media Group in respect of any such User Submissions and any other information or materials accessed through the Service.

9. Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya. Disputes arising in connection with these Terms and Conditions, and any use of the Service, shall be exclusively subject to the jurisdiction of the Kenyan courts. Any cause of action you may have with respect to these Terms and Conditions, and any use of this Service, must be commenced within one (1) year after the claim or cause of action arises.

If any portion of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that portion of these Terms and Conditions is illegal, invalid or unenforceable, it shall be deemed to be severed and deleted from that clause and the remaining potions of these Terms and Conditions shall survive and continue to be binding and enforceable.